Civil Rights And Liberties Flashcards
(48 cards)
Due Process
Fair legal procedures and protects against arbitrary government actions affecting life, liberty, or property. More with Civil Liberties
Equal Protection
Guarantees everyone is treating equally under the law, preventing discrimination without a valid reason. More with Civil Rights
Civil Rights
What the government has to do to protect you
Civil Liberties
What the government can not do
Plessy v. Ferguson (1896)
Civil Rights
Question: did the separate car law of 1890 violate the 13th, and the equal rights clause?
Decision: in favor of Plessy. Did not violate equal protection.
“Separate but Equal”
Black students could be required to attend classes in separate sections of a university –> reversed the decision
Sipuel v. Board of Regents Oklahoma (1948) –> Sweatt v. Painter (1950)
Brown v. Board of Education (1954/5)
Civil Rights
Background: Black students denied admission to public schools based on race
Decision: Ruled in favor of Brown under the Equal Protection Clause. Unherently equal where there is segregation (only applicable to public schools)
1964 Civil Rights Act
Civil Rights based on discrimination
Outlawed discrimination based on race
24th Amendment
Civil Rights by race
Ended poll taxes at a federal level
Voting Rights Act of 1965
Civil Rights by race
Outlawed literacy tests, established fed Oversight of voter registration even at a state level
–> Harper v. Virginia Board of Electors (1966). Poll taxes completely unconstitutional
Loving v. Virgina (1967)
Civil Rights by race
Decision: in favor of Loving. Ruled that laws banning interracial marriage were unconstitutional according to the Equal Protection and Due Process clauses
Equal Protection: discrimination
Due Process: Right to marry cannot be infringed upon by the states
Civil Rights Act (1964)
Bans discrimination based on race/sex in employment practices
De jure
By law
De facto
By tradition/custom
Title IX
Civil Rights women
Law from Congress not SCOTUS
Bans discrimination in federallt funded education/fed financial assistance
Impactful in sports
Levels of Scrutiny
Civil Rights
The level that the court uses to examine constitutionality
Rational Base Reason
There is reason to treat different classes of people differently
Generally used in cases w/o fundamental Rights at issue
Challenger has burden of proof
Intermediate Scrutiny
Some circumstances when it makes sense to treat people differently
Government has burden of proof to show the act is substantially related to Government interest
Act that discriminate against a protected class
Ex: Women, LGBTQ
Strict Scrutiny
Government has to have an extremely compelling reason and has the burden of proof
Impacts fundamental rights or looks at one particular group of people.
Used with race, national origin, religion, alienage status
Mostly equal protection
Non eq prot: speech, content
Roster v. Goldberg (1981)
Civil Rights, Intermediate Scrutiny
Congress may required males to be drafted while excluding females b/c men and women were not equal in terms of combat positions
1993: DoD says women can serve in air/sea combat
2013: DoD lifts ban in women in combat
Equal Rights Act Failed
Failed in 1972 because
Females could be drafted?
Eliminate workplace protection laws?
Want equality, but don’t want equality
Parental Leave 1987, Family and Medical Leave Act 1993
1987: parental Leave guaranteed and right to resume job
FMLA: up to 12 weeks of unpaid leave
Griswold v. Connecticut (1965)
Civil Right/liberty?
Right to privacy
States can’t ban contraceptives
1st: Freedom of Expression
3rd: Govt can’t quarter in citizens homes
4th: no unreasonable search and seizure
9th: Contraceptives are not in the BoR
Provide for a right to privacy against intrusion in marital affairs
Roe v Wade (1973)
Civil Rights
Overturned (2022)
Right to privacy w/i 1st trimester guaranteed by due process