Civil Rights And Liberties Flashcards

(48 cards)

1
Q

Due Process

A

Fair legal procedures and protects against arbitrary government actions affecting life, liberty, or property. More with Civil Liberties

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2
Q

Equal Protection

A

Guarantees everyone is treating equally under the law, preventing discrimination without a valid reason. More with Civil Rights

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3
Q

Civil Rights

A

What the government has to do to protect you

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4
Q

Civil Liberties

A

What the government can not do

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5
Q

Plessy v. Ferguson (1896)

A

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”

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6
Q

Black students could be required to attend classes in separate sections of a university –> reversed the decision

A

Sipuel v. Board of Regents Oklahoma (1948) –> Sweatt v. Painter (1950)

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7
Q

Brown v. Board of Education (1954/5)

A

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)

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8
Q

1964 Civil Rights Act

A

Civil Rights based on discrimination
Outlawed discrimination based on race

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9
Q

24th Amendment

A

Civil Rights by race
Ended poll taxes at a federal level

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10
Q

Voting Rights Act of 1965

A

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

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11
Q

Loving v. Virgina (1967)

A

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

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12
Q

Civil Rights Act (1964)

A

Bans discrimination based on race/sex in employment practices

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13
Q

De jure

A

By law

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14
Q

De facto

A

By tradition/custom

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15
Q

Title IX

A

Civil Rights women
Law from Congress not SCOTUS
Bans discrimination in federallt funded education/fed financial assistance
Impactful in sports

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16
Q

Levels of Scrutiny

A

Civil Rights
The level that the court uses to examine constitutionality

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17
Q

Rational Base Reason

A

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

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18
Q

Intermediate Scrutiny

A

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

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19
Q

Strict Scrutiny

A

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

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20
Q

Roster v. Goldberg (1981)

A

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

21
Q

Equal Rights Act Failed

A

Failed in 1972 because
Females could be drafted?
Eliminate workplace protection laws?
Want equality, but don’t want equality

22
Q

Parental Leave 1987, Family and Medical Leave Act 1993

A

1987: parental Leave guaranteed and right to resume job
FMLA: up to 12 weeks of unpaid leave

23
Q

Griswold v. Connecticut (1965)

A

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

24
Q

Roe v Wade (1973)

A

Civil Rights
Overturned (2022)
Right to privacy w/i 1st trimester guaranteed by due process

25
Schenck v. United States (1919)
Civil Liberties: Background: Spreading antidraft pamphlets Question: Draft a violation of the 13th? Is Schenck's arrest a violation of the 1st Freedom of Speech? Decision: against Scheck. Espionage Act was not a violate of the 1st Establishes "clear and present" danger test
26
Imminent Lawless Action
Established in 1969 Replaced Clear and Present Danger If what is said/done creates ILA, it is not protected by the 1st Requires proof
27
Mahanoy v BL (2021) Morse v Frederick (2007)
Civil Liberties: Mahanoy: Cheerleader curses the school, gets suspending from cheer. SCOTUS ruled bc she didn't say any names, suspension was a violation of her 1st Amendment speech Morse v Frederick: Bong Hits 4 Jesus, ruled in favor of kids
28
Tinker v Des Moines (1969)
Civil Liberties Background: students wear black armbands against Vietnam. Students suspended Question: School violated 1st freedom of speech? Decision: in favor of kids. Students do not lose rights when they enter school doors. School has to prove conduct would substantially interfere w/ school
29
1st Establishment Clause
Cases where Government is establishing 1 religion over the others/religion in general. Separation of church and state
30
1st Free Exercise Clause
Government cannot dictate what a religion can do
31
Engel v. Vitale (1962)
Civil liberties, Establishment Clause Background: NY voluntary prayer at beginning of school day. Peer pressure students? Question: Is it a violation of the Establishment of religion Clause? Decision: in favor of Engel, the prayer is unconstitutional. Govt stay out of prayer writing business
32
Church of Lukumi babalu aye case Oregon v. Smith
Church of Lukumi: no laws banning the sacrifice of animals during a religious ceremony Oregon v Smith: employees of Oregon were fired for peyote. They are not protected bc can't use religion as a reason to not comply with laws that are applied to everyone else
33
Wisconsin v. Yoder (1972)
Civil Liberties, free exercise Background: Amish don't go to school past 8th grade Question: Did Wisconsin law violate free exercise Clause of the 1st? Decision: in favor of Yoder. Parents right to free exercise outweighed States compulsory laws
34
4th Amendment
Civil Liberties Unreasonable search and seizure No warrants without probable clause. Protects the right to be secure in their persons, houses, papers and effect
35
Mapp v. Ohio (1961)
Civil Liberties, 4th Amendment Incorporates 4th Amendment by the due process clause. BG: Police arrested Mapps w/o warrant Incorporated specifically the Exclusionary Clause of the 4th: can't convict on evidence illegally gained
36
5th Amendment
Civil Liberties Rights of the accused No self incrimination by the 14th Amendment due process clause. Guarantees due process Right to remain silent, no double jeopardy, right to due process of the law, eminent domain
37
6th Amendment
Civil Liberties Right to speedy trial, know who's charging you, have witnesses, an attorney
38
Gideon v. Wainwright (1963)
Civil Liberties Right to an Attorney by the Due Process Clause Decision: ruled that right to an attorney is applicable in all cases
39
Stonewall Riots (1969)
Civil Rights LGBTQ Marked the moment where LGBT would start fighting
40
Bowers v Hardwick (1986)
Allowed States to make their own laws about homosexual legality
41
Don't Ask Don't Tell (1993)
Signed by Clinton as a compromise Somewhat helped gays in the military. Stopped by Obama in 2010
42
Defense of Marriage Act
Signed by Clinton Federally declared marriage as between a man and woman
43
Romer v. Evans 1995
SCOTUS declared laws that did not protect LGBT citizens from discrimination are unconstitutional. They violate the Equal protection clause
44
Boy Scouts of America v Dale (1999)
Civil rights, LGBT Dale outed and fired from being a scout leader BSoA argued they had a right by freedom of assembly. Decision: In favor of BSoA. Have a right to expressive association which is strict scrutiny (not on a basis of randomness) Dropped ban in 2014
45
Lawrence v Texas (2002)
Civil rights LGBT BG: law banning sexual intercourse btwn men Decision: Declared unconstitutional by the due process clause. Being held for a criminal act w/o due process of law showing they committed a crime
46
Obergefell v Hodges (2015)
Civil Rights LGBT, due process Background: weren't allowed marriage, therefore what happens when 1 person in a gay couple falls sick/dies Question: does the 14th require States to issue marriage licenses to gay couples, or recognize other states marriages? Decision: in favor or obergefell. Under the 14th due process clause, have the right to marry and must recognize (ex loving v Virginia) & equal protection clause outlaws discrimination
47
Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)
Civil Rights LGBT, Freedom of Expression SCOTUS decided the Colorado CRC was wrong in their application of the law, and were infringing on the baker's freedom of expression (not allowing discrimination)
48
Respect for Marriage Act (2022)
Civil Rights, LGBT, Religous Liberty Reveals Defense of Marriage Act (Marriage doesn't have to be btwn man and woman) However, cannot force a religious institution to marry gays, bc their religious liberty is protected