civil liberties and rights Flashcards
(44 cards)
equal protection clause
“equal protection of life, liberty, and property”
requires each state to provide equal protection under the law to all people within its jurisdiction
strict scrutiny
sc ruled that government can make reasonable classifications of groups, but since race and ethnic background is extremely suspect it must meet compelling public interest to become grouped
affirmative action
a policy of numerical quotas designed to give special attention to compensatory treatment of members of previously disadvantaged group
brown v. board of education
supreme court ruled that separating children in public schools on the basis of race was unconstitutional
overturned please v ferguson
equal protection clause
barrier to vote grandfather clause
literacy tests were given before registering to vote; exemptions made for white citizens
24th amendment
prohibited poll taxes in federal elections
white primary
permitted political parties in the democratic south to exclude blacks from voting in the primary elections
14th amendment
no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the united states
life liberty property
due process clause (civil liberties)
equal protection clause (civil rights)
voting rights act of 1965
outlawed literacy tests
provided federal oversight of voter registration
equal rights amendment
equality of rights under the law shall not be denied or abridged by the us
civil rights act of 1964
outlawed jim crow laws and promoted hiring of women
americans with disabilities act of 1990
has required employers and administrators of public facilities to make reasonable accommodations for those with disabilities
civil liberties
personal freedoms protected from government intrusion
(bill of rights)
civil rights
rights of people to be treated without unreasonable constitutional differences
equal protection clause
bill of rights
first 10 amendments
protect basic liberties
restrict federal govt
selective incorporation
process by which the sc has applied the bill of rights to the states through the due process clause of the 14th amendment
Schenk vs. US
a socialist who mailed leaflets to young men to resist the military draft
was convicted of conspiracy and violating the Espionage Act
he argued that this charge was violating his freedom of speech
SC ruled against him saying that during wartime these can be punished as they represent a “clear and present danger” to national security
free speech of first amendment
tinker v. does monied school district
students were suspended for wearing black armbands to protest the vietnam war at school. the court ruled the suspension was unconstitutional and that the public school students still had their constitutional rights at school for freedom of expression. form of symbolic speech
libel
written defamation that falsely attacks a person’s good name and/or reputation
slander
spoken defamation that falsely attacks a person’s good name and/or reputation
prior restraint
government preventing material from being published; censorship; unconstitutional
NY times Company v. US
pentagon papers/ government confidential files were leaked
Government tried to use prior restraint to prohibit the publishing of these papers by the NYT and WP
court upheld the first amendment freedom of press rights
establishment clause
govt cant establish an official religion
engle v vitale
ruled that government directed prayer in public schools violated the establishment clause of the first amendment
