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83 Cards in this Set
- Front
- Back
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Dred Scott v. Sanford |
Denied blacks citizenship Overturned Missouri Compromise Controversy resulted in Civil war |
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13th amendment |
banned slavery, involuntary servitude |
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14th amdnement |
Due process clause -states cant limit fundamental liberties Equal protection clause -All people in US deserve equal protection under the law Citizenship clause -All people born in the US are US citizens |
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15th amendment |
Can't deny voting rights on race |
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Civil Rights act of 1875 |
Banned segregation in public |
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Civil Rights act of 1883 |
Overturned CRA 1875 rules 14th amdndment only applied to states and not individuals |
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Plessy v Ferguson |
Upheld "Separate but Equal" doctrine |
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Voting barriers |
Literacy Test Poll Taxes Grandfather Clause |
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NAACP |
Formed in 1909, major interest group |
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Brown v. Board of Education |
Overturned Plessy v. Ferguson -separate implied inferiority -public school segregation declared unconstitutional -desegregation "with all deliberate speed"(slow integration) |
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De Jure Segregation |
Segregation by law |
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De Facto Segregation |
Segregation because of economic or social factors (still prevalent) |
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Reaction to Brown v. Board |
-"White Flight" -Busing (lower courts ordered this to fix de facto -Swann v. Charlotte(upheld brown v. board) -Busing Controversy(unpopular, phased out by most areas) |
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Modern civil rights is needed because |
-Discrimination intensified post Brown Decision -Fed government needed to intervene |
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Civil Rights Act of 1964 |
-Ended segregation/discrimination based on gender, race, religion or national origin *Grassroot movement lobbied congress *LbJ convinced enough southern democrats to support *survived a 57 day filibuster in senate |
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Provisions to CRA 1964 |
-no equal voter registration requirements -no discrimination in public -withdrawal of funds from discriminatory programs -Outlawed discrimination in employment |
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Equal Employment Opportunity Commission |
created to review complaints and investigate business and hiring practices |
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Heart of Atlanta Motel v. Us |
-Challenged CRA of 1964 -CRA of 1964 was upheld |
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Motel owners argument |
-13th amendment and 5th amendment rights have been violated |
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Government's argument |
-Commerce Clause |
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Voting Rights Act of 1965 |
-outlawed discriminatory voting tests -authorized a federal registration of citizens (African american registration was very low) |
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CRA of 1968: Fair housing act |
-forbade discrimination in ho
using, lending discrimination |
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19th amdnemdnt |
states could not deny women the right to vote |
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Equal Pay act of 1963 |
pay could not based on gender |
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National Organization of Women (NOW |
-formed in 1966, leading feminist organization -helps protect abortion rights |
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Equal Rights Amendments |
-equality of rights under the law shall not be abridged on accout of sex -approval in congress in 1972 -never ratified by states |
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The education amendments of 1972 aka Patsy Mink Equal Opportunity in Education Act |
-added to CRA of 1964 -expanded women's opportunities -led to a cut in Men's programs (ex. % of men and women athletes must be equal) |
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University of CA v. Bakke |
Gratz v. Bollinger 2003 upheld the decision |
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Lawrence v. Texas |
overturned a state ban on private acts between adults |
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Defense of Marriage act (DOMA) |
federal law prohibiting federal recognition of same sec marriage. The law was overturned by the supreme court |
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Obergefell v. Hodges |
Grants the right to marry same sex couples |
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Civil Liberties |
-limitations on government action -things the government cant take away |
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Bill of rights |
restrictions originally placed on the federal government |
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1 |
5 freedoms |
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2 |
bear arms |
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3 |
no quartering of soldiers |
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4 |
search and siezure |
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5 |
plead the fifth, double jeapordy, due process |
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Barron v. Baltimore |
Bill of Rights only applies to the federal government, state laws can restrict a perosn's liberties |
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Due process clause of 14th amendment |
not every amendment applies to the state |
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Gitlow v. New York |
free speech and press are basic rights |
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Selective Incorporation |
The Bill of rights applied to the states one by one over time through one case at at a time |
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1st amdndment |
freedom of religion |
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Lemon v. Kurtzman (1971) |
limits public money to private religous schools |
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Lemon test |
Guidelines for future cases |
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3 part test |
the aid had to be secular in its aim |
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Rehnquist court |
lowere "wall of separation |
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Rosenberger v. University of VA |
allowed a student christian newsletter to be funded by the uniersity |
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Free exercise clause |
freedom of religion but religious practice can't conflict with broader policy |
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Reynold v. US |
A challenge by Mormons to polygamy lawas (Mormons lost bc they can regulate your actions but not beliefs) |
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Oregon v. Smith |
native drug counselors fired for using peyote in religious ceremony |
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The Religious Freedom Restoration Act 1993 |
required states to accommodate religious conduct unless a compelling reason not to |
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allowed restrictions to freedom of expression |
Clear and present danger Character Defamation |
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Schenck v. US |
speech that causes clear and present danger can be restricted |
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Dennis v. US |
-modifies clear and present danger test -doesnt have to be imminent danger |
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Bradenburg v. Ohio |
-Only speech that causes imminent lawlessness can be restricted
-overturns Schenck and Dennis |
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Slander |
falsely spoken words |
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Libel |
falsely written words |
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NY Times v. Sullivan |
Libel must be with Malicious intent |
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Miller v. California |
Miller Test -average person finds it violates community standards -shows offensive sexual conduct -As a whole lacks any serious redeeming literary, artistic, political, or scientific merit =obscene |
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Near v. Minnesota |
no prior restraint |
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NY times v. Us 1971 |
-government must show cause for using "national security" to restrain press -strengthened no prior restraint |
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Tinker v. Des Moines |
Protest arm bands were protected, did not disrupt school |
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Texas v. Johnson |
Over turned flag buring laws |
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Griswold v. Connecticut |
declares privacy a constitutional right IMPLIED by: 3,4, and 9th amendments |
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Roe v. Wade |
-Abortion was considered a privacy right -Overturned state laws banning it -must allow exceptions for health of mother |
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Modification to Wade *Webster v. Reproductive Health Services |
states can pass laws that deny public funding of abortion |
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Planned Parenthood v. Casey (modification to wade) |
-upheld required pre-abortion counseling -24 hour waiting period -parental notification for those under 18 |
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Partial birth abortions |
some states banned, laws were considered unconstitutional |
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Gonzales v. Carhart |
Upheld the ban on partial birth abortions |
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1976 case Karen Quinlan |
terminally ill can refuse treatment |
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Cruzan v. Director Missouri Dept of Health |
Must be clear and convincing evidence of patient's wishes to withdraw treatment |
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eminent domain |
government can take your property |
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3,4,9,14,14 |
allude to right of privacy |
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9th |
rights not listed go to the people |
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What was Gideon's criminal record like? |
4 times jailed, 3 times burglary, 1 time fed property theft (past felon drifter) |
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What was Gideon's sentence for Liquor Store Rob? |
5 yrs |
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what were the 3 steps gideon took? |
1. petition florida court for writ of habeus corpus, 2. ask US supreme court to issue a writ of certiorari, 3. send an in forma pauperis application |
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What would be special circumstances? |
illiteracy, incompetence, complex charges, disadvantages. |
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Did gideon have special circumstances? |
no |
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Abe Fortas (gideons attourney) says no special circumstances is perfect to challenge what previous decision? |
THE BETTS DECISION |
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What 2 motions did Gideon file IN court? |
1. rule against double jeopardy (but invalid, it's his own appeal) 2. Two-year statute of limitations |
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What was the end product of Gideon's trial? |
-No man can have a fair trial without a defense council. -Gideon was found not guilty because he himself questioned the main witness, the boy outside the robbery, Gideon find a technicality that he couldn't have seen through the window and looked at Gideon because there was stuff in the way. |
