Unit 3 Flashcards (PART 2)

Question 1

Civil Rights

Answer 1

protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics, ensuring equal treatment under the law.

Question 2

Securing Rights for Those with Disabilities

Answer 2

Securing civil rights requires action, both on the part of individuals to advocate for their rights and on the part of government to secure and protect those rights.

The ADA offered protections for Americans with disabilities against discrimination in the workplace and improved their access to public transportation, public services, and other areas and public and commercial life.

Question 3

Thirteenth Amendment

Answer 3

an amendment to the Constitution passed in 1865 prohibiting slavery within the United States.

Question 4

Fourteenth Amendment

Answer 4

an amendment to the Constitution passed in 1868 granting citizenship to all persons born or naturalized in the United States and placing restrictions on stage laws that sought to abridge the privileges and immunities of citizens of the United States

Question 5

Equal Protection Clause

Answer 5

clause of the Fourteenth Amendment that has been used to protect the civil rights of Americans from discrimination based on race, national origin, religioon, gendr, and other characteristics

Question 6

Fifteenth Amendment

Answer 6

an amendment to the Constitution passed in 1870 granting voting rights to African American men

Question 7

Plessy v. Ferguson

Answer 7

jim crow laws, “separate but equal” , 7 / 8ths caucasian

Question 8

Separate but Equal

Answer 8

the doctrine that racial segregation was constitutional so long ad the facilities for black people and white people were equal

Question 9

Legal Segregation

Answer 9

the separation by law of individuals based on their race

Question 10

De Jure Segregation

Answer 10

the separation of individuals based on their characteristics, such as race, by law.

Question 11

De Facto Segregation

Answer 11

a separation of individuals based on characteristics that arises not by law but because of other factors, such as residential housing patterns,

Question 12

Affirmative Action

Answer 12

a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender.

Question 13

Brown v. Board of Education (AP REQUIRED)

Answer 13

supreme court ruled that de jure racial segregation vioates the equal protection clause of the Fourteenth Amendment.

Had to be implemented
The Supreme Court overruled the “seprate but equal” doctrine of Plessy v. Ferguson and ruled that de jure segregation in schools violates the equal protections clause of the Fourteenth Amendment.
To what extent was it successful?

Question 14

“Letters from A Birmingham Jail”

Answer 14

Dr. Martin Luther King Jr. justified the civil rights movement by referring to natural rights.

Question 15

Civil Disobedience

Answer 15

the inentional regusal to obey a law and to call attention to its injustice.

Question 16

Civil Rights Act of 1964

Answer 16

legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate

Question 17

Voting Rights Act of 1965

Answer 17

legislation outlawing literacy ests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, counties, and states.

Question 18

First and second movements of the women’s rights movment

Answer 18

The first wave of the women’s rights movement focused on the right to vote.
The second wave of the movement focused on equality in education and the workplace.
Gender equality includes legal protections against sexual harassment.

Question 19

Nineteenth Amendment

Answer 19

a 1920 constututional amendemnt granting women the right to vote

Question 20

Title IX of the Education Amendments of 1972

Answer 20

legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation on sports programs.

Question 21

14th Amendment

Answer 21

“No State shall … deprive any person life life, liberty, or property, without due process of lawl nor deny to any person within its jurisdiction the equal protection of the laws.”
Procedural Due Process : ensures taht legal proceedings are carried out in a fair manner.

Question 22

6th Amendment

Answer 22

Right to a speedy, public, and impartial jury during trial
Right to know accusers and charges against you
Right to an attorney / legal counsel

Question 23

4th Amendment

Answer 23

Protects from unreasonable search and seizures without warrant
Exceptions: When probably cause (they need to have good reason) (they can lie about that good reason.) (like, oh my god Ismell alcohol on your breath… that’s my cause… i’ve said the cause so it counts… omg…) of crime exists (readily apparent
Hot pursuit: When can enter home when actively pursuing suspect

Question 24

8th Amendment

Answer 24

No cruel or unusual punishments
No excessive bail or fines may be given
Timbs v Indiana: Can’t take drug dealers Range Rover for drug dealing charge

Question 25

Mapp v. Ohio + Created what rule?

Answer 25

Mapp had evidence used against her obtained without a warrant Sued to have evidence thrown out of court; SCOTUS agreed Created this: Exclusionary rule: Evidence obtained unconstitutional can’t be used in court

Question 26

Miranda v. Arizona

Answer 26

Miranda had been accused of rape and was interrogated by police Confessed to kidnap and murder Conviction overturned; police must inform of 5th and 6th Amendment rights Supreme court agreed with him - he was freed Origin of your Miranda Rights!! Right to remain silent, right to an attorney Miranda was not a good person - was a rapist Was stabbed to death His killer was immediately read his miranda rights

Question 27

9th Amendment (Due Process)

Answer 27

“The enumeration in the constitution, of certain rights shall not be construed to deny or disparage other reaainted by the people.” 9A is vague but has been used to protect unenumerated rights such as privacy, equality, etc. This can sometimes be hard to define

Question 28

Substantive Due Process (14th A)

Answer 28

Cannot create a low that is hererently unfair or violates due process Discriminatory laws, violations of privacy, etc. Basically - even if you follow all trial proceudes, there’s no way to have a fiar trial if the law itself is unfair

Question 29

Griswold v Connecticut (1965)

Answer 29

Connecticut outlaws use of contraceptives OB/GYN opens a clinic for contraceptives (arrested0 SCOTUS overturned conviction; 9th A and other amendments create “penumbras” where privacy is found Penumbra - a shadow The trees are the enumerated amendments - in their shadows you can see things like a general right to privacy

Question 30

Roe v Wade (1973)

Answer 30

Jane Roe sued Dallas DA over abortion ban Court ruled in favor of Roe → abortions before viability are protected by right to privacy No abortion cases are about abortion (whether it’s good or morally evil).. It’s all about the 9th amendment , your unenumerated rights, and “where does privacy start and stop?” Sates can’t restrict abortion access in first trimester (limited to 2nd)

Question 31

Planned Parenthood v Casey (1992)

Answer 31

States cannot apply “undue burden” on receiving abortion Undue burden is substantive violation of right to privacy

Question 32

Loving v Virginia (1976)

Answer 32

Stopped bans on interracial marriage Violates substantive due process, rpivacy, and equal rpotections Fun fact - the people involved in this case are still alive!

Question 33

Obergefell v Hodges (2015)

Answer 33

States cannot discriminate against gay marriage licenses Equal protections and due process

Question 34

Dred Scott (Reconstruction)

Answer 34

Established that black Americans were not citizens No longer good law

Question 35

15th Amendment

Answer 35

Established right to vote regardless of race South states still tried to stop it - literacy tests that were subjective (white citizens almost never had to take them) and they were physically impossible to pass + poll taxes that newly freed slaves obviously couldn’t pay

Question 36

Black Codes

Answer 36

restrict civil liberties of (newly) freed slaves Basically took old laws and replaced “slaves” with “black” - that’s why they’re called black codes

Question 37

Terrorism Campaigns and the Great Migration

Answer 37

Terrorism campaigns by KKK lead to “great migration” Mass lynching, mass burnings of towns (tulsa race massagre) Great migration - harlem, chicago Five Points in Denver ! “the harlem of the west”

Question 38

Redlining

Answer 38

segregates neighborhoods and property values

Question 39

Black Nationalism

Answer 39

want a separate independent black run state Less looked at We always simplify nationalism unspecifically as pride in your country - but more specifically for AP Gov / government is pride in your group - can say that one’s racial group is better than others Think: White Nationalism Black Panther Party: open resistance and community programs

Question 40

Americans with Disabilities Act (1973)

Answer 40

est. protection for mental or physical disabilities that substantially impact life “ADA Accessible” all public buildings / schools have ramps Learning disabilities, too Created unfunded mandates to create accessible accommodations

Question 41

19th Amendment

Answer 41

Seneca Falls conference demands equal rights for women 19th Amendment: Establishes right to vote regardless of sex

Question 42

Gay Rights

Answer 42

Bostock v Clayton: Cannot be fired due to sexual orientation (CRA) Made it work by making it work around gender \

Question 43

Redlining / De Jure Segregation

Answer 43

Redlining: Majority-minority neighborhoods targeted with higher interest rates than lower property values Reduced property values and generational wealth kindaSegregation in Housing De jure segregation: Segregation enfornced by law and policy

Question 44

Fair Housing Act (‘68) / De Facto Segregation

Answer 44

Ended unfair housing policies based on race Ended the thing above, basically / de jure segregation - but left us with.. De facto segregation: Segregation that remains by factual/cumulative circumstances

Question 45

Brown II

Answer 45

est. “deliberate speed” (you have to integrate with deliberate speed / you have to try) Brown II - basically made a part two of their decision. Crazy

Question 46

Keyes v School District 1 Denver

Answer 46

Can;t be segregated even if no officials policy eicsts Denver school bus depot bombed (by klansmen) over integration efforts / to stop bussing efforts

Question 47

Title VI

Answer 47

Stops discrimination based on race, ethnicity, if orogram receives federal funds or aid Some colleges begin using race to help minority enrollment

Question 48

Title IX

Answer 48

Stops discrimination based on sex in educational programs or programs receiving federal aid

Question 49

Milliken v Bradley

Answer 49

Schools dont have to actively desegregate unless caused by racist intent This undid the precedent in Keyes v District 1

Question 50

Uni of California v Bakke

Answer 50

Colleges can’t have racial quotas

Question 51

New York Times Co. v. United States - Background

Answer 51

Papers leaked, NYT published / tried to publish b/c of the first amendment .

Question 52

Espionage Act

Answer 52

The Espionage Act of 1917 prohibited obtaining information, recording pictures, or copying descriptions of any information relating to the national defense with intent or reason to believe that the information may be used for the injury of the United States or to the advantage of any foreign nation

Question 53

New York Times Co. v. United States - Holding

Answer 53

"only a free and unrestrained press can effectively expose deception [or hidden stuff] in the constitution"

Question 54

Tinker v. Des Moines - Background

Answer 54

Students wore armbands protesting Vietnam war School suspended them, said that they couldn't be back if they kept wearing them First Amendment 14th Amendment

Question 55

Tinker v. Des Moines - Holding

Answer 55

- In favor of Tinker - Said that freedom of speech doesn't stop in schools + students are full persons. So - the BOR extends into school NON DISRUPTIVE STUFF is good in the classroom - as long as it DOESNT DISRUPT THE GOVT-SPONSORED LEARNING

Question 56

Dobbs v. Jackson's Women's Health Organization - Background

Answer 56

- Gestational Age Act - Missippi - 15 weeks - JWHO filed restraining order 9th Amendment Due Process Clause

Question 57

Dobbs v. Jackson's Women's Health Organization - Ruling

Answer 57

- Ruled in favor of Missippi - said that there's nothing defending abortion in the constitution - Affects the interpretation of the 9th AMENDMENT - PRIVACY

Question 58

Engel v. Vitale - Background

Answer 58

Prayer read @ beginning of a class - Jewish, Unitarian, Non religious families were like nawww First Amendment 14th Amendment

Question 59

Engel v. Vitale - Holding

Answer 59

In favor of Engel Vitale had violated the Free Establishment Clause - enforced religion in schools, w/o a doubt.

Question 60

Wisconsin v. Yoder - Background

Answer 60

Amish - stop ed. @ 14 , but state stop ed @ 16 . Frieda Yoder and 2 other students stopped going in 8th grade First Amendment (religion) 14th Amendment (life, liberty, property)

Question 61

Wisconsin v. Yoder - Ruling + What Clause?

Answer 61

In favor of Yoder - (educational) interests of the government cannot infringe upon the 1st Amendment - Free Exercise Clause Freedom of religion / 1st Amendment over education / govt. actions/things

Question 62

Students For Fair Admissions v Harvard

Answer 62

ended Affirmative Action

Question 63

Mcdonald v. Chicago (2010)

Answer 63

the Court held that the Fourteenth Amendment makes the Second Amendment's right to bear arms for the purpose of self-defense

Question 64

US v Lopez

Answer 64

A case in which the Court found the 1990 Gun-Free School Zones Act unconstitutional for overstepping the congressional boundaries of the Commerce Clause

Question 65

Exclusionary Rule

Answer 65

a law that prohibits the use of illegally obtained evidence in a criminal trial.

Question 66

Penumbra

Answer 66

In United States constitutional law, the penumbra includes a group of rights derived, by implication, from other rights explicitly protected in the Bill of Rights. the SHADOWS of the law