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56 Cards in this Set

  • Front
  • Back

Civil liberties

The protections of citizens from improper governmental action

Civil rights

The legal or moral claims that citizens are entitled to make on the government

Equal protection clause

The provision of the 14th amendment guaranteeing citizens the equal protection of the laws. Basis for civil rights of minority groups

Due process clause

Proceeding according to law and with adequate protection for individual rights

14th amendment

Provides for single national citizenship; civil liberties should not vary from state to state

Barron v Baltimore

Case regarding dual citizenship (BOR only applies to federal government not to cities and states)

Miranda v Arizona

Case ending with guarantee of miranda rights when arrested

Mapp v Ohio

Case reguarding the exclusionary rule; freedom from unwarranted search and seizure

Gideon v Wainwright

Case reguarding right to counsel when arrested

Griswold v Connecticut

Case reguarding right to privacy; protects married couples right for private healthcare (birth control)

Lawrence v Texas

Case reguarding right to privacy; involving bedroom privacy and argument of gay rights

Dual citizenship

The idea that Americans are citizens of the national government and seperately a citizen of the state

Selective incorporation

Only certain provisions of the BOR applies to the states by the 14th amendment

Exclusionary rule

The ability of courts to exclude evidence obtained in violation of the 4th amendment

Miranda rule

Persons under arrest must be informed of their legal rights including their right to counsel before undergoing interrogation

Right to privacy

The right to be left alone entailing individual access to birth control and abortions

9th amendment

Reservation of rights of people; certain rights shall not be construed to deny or disparage others retained by the people

Interest group court strategy

*the way orgs seek out specific cases to fight for specific interests.. i think*

Scheneck v US

Case reguarding 13th amendment and US right to limit speech (in this case because of the war)

Texas v Johnson

Case reguarding "Speech Plus" (flag burning

Lemon v Kurtzman

Case reguarding the lemon test; paying taxes for other schools

Employment Division v Smith

Case reguarding religious freedoms; fired for doing religion based drugs

Lukumi Babalu Aye v Hialeah Fl

Case reguarding religion; must be neutral and generally applicable

Near v Minnesota

Case reguarding press freedom, nuisance laws; prior restraint not allowed

NY Times v US

Case reguarding rule against prior restraint; cannot stop publishment of illegally found information

Hustler mag v Falwell

Case reguarding libel; if it is a parody then its not libel

Clear and present danger test

*no shouting fire in a crowded theater rule*

Speech plus

Freedom of speech includes any other demonstration

Establishment clause

The 1st amendment clause says congress shall make no law respecting an establishment of religion (seperation of church and state)

Free exercise clause

The 1st amendment clause that protects a citizens right to believe and practice whatever religion

Lemon test

To pass 1. Eccesive entaglement clause 2. Cannot advance or inhibit any religion 3. Must have secular legislature purpose

Prior restraint

An effort by gov agency to block publication of material libelous or harmful; censorship

Libel

A written statement considered damaging to a victim (like slander but written)

Suffrage

Right to vote

Seneca falls convention

First big meeting promoting the right of women's suffrage

19th amendment

Women's suffrage amendment

15th amendment

Civil rights guaranteed amendment

Grandfather clause

If you or a reletive voted under the old rules the new rules do not apply to you

Poll tax

Forced to pay to vote (unless grandfathered in) made it difficult for minorities to vote

White primary

Could demand only whites vote in primary election and therefore control who wins

Literacy tests

Forced to prove literacy to vote (unless grandfathered in) made difficult for minorities to vote

Voting rights act of 1965

1. no literacy tests 2. No gerrymandering 3. Pre clearance (forced to avoid discrimination)

Shelby County v Holder

Deemed pre clearance unconstitutional

Dred Scott v Sanford

Case reguarding decision that no rights were guaranteed to blacks (went against popular sovreignty and helped cause civil war)

Plessy v Ferguson

Case reguarding seperate but equal rule

Brown v Board

Case reguarding seperate is NOT equal

Little Rock Nine

*forced integration of schools, group of black kids going in AK causing a freakin riot*

Letter from Birmingham Jail

*MLKJ did a bunch of cool stuff including write this awesome letter after being arrested*

Freedom Riders

*mixed races, genders, ages, etc riding to different whites only waiting rooms and sitting together in protest*

Civil rights act of 1875

Rule of no segregation in public places; ruled unconstitutional and officially allowed segregation

Civil Rights act of 1964

Ruled segregation illegal and that justice dept can investigate civil right violations

De jure segregation

Legally sanctioned segregation

De facto segregation

Segregation by reality of people's actions and habits, though not legalized

Equal Employment Opportunity Commission

Investigates racial and gender based discrimination in hiring process

Americans with disabilities act

Rights of disabled like handicapped parking and accessibility

US v Windsor

Case reguarding same sex marriage