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56 Cards in this Set
- Front
- Back
Civil liberties |
The protections of citizens from improper governmental action |
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Civil rights |
The legal or moral claims that citizens are entitled to make on the government |
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Equal protection clause |
The provision of the 14th amendment guaranteeing citizens the equal protection of the laws. Basis for civil rights of minority groups |
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Due process clause |
Proceeding according to law and with adequate protection for individual rights |
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14th amendment |
Provides for single national citizenship; civil liberties should not vary from state to state |
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Barron v Baltimore |
Case regarding dual citizenship (BOR only applies to federal government not to cities and states) |
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Miranda v Arizona |
Case ending with guarantee of miranda rights when arrested |
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Mapp v Ohio |
Case reguarding the exclusionary rule; freedom from unwarranted search and seizure |
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Gideon v Wainwright |
Case reguarding right to counsel when arrested |
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Griswold v Connecticut |
Case reguarding right to privacy; protects married couples right for private healthcare (birth control) |
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Lawrence v Texas |
Case reguarding right to privacy; involving bedroom privacy and argument of gay rights |
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Dual citizenship |
The idea that Americans are citizens of the national government and seperately a citizen of the state |
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Selective incorporation |
Only certain provisions of the BOR applies to the states by the 14th amendment |
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Exclusionary rule |
The ability of courts to exclude evidence obtained in violation of the 4th amendment |
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Miranda rule |
Persons under arrest must be informed of their legal rights including their right to counsel before undergoing interrogation |
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Right to privacy |
The right to be left alone entailing individual access to birth control and abortions |
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9th amendment |
Reservation of rights of people; certain rights shall not be construed to deny or disparage others retained by the people |
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Interest group court strategy |
*the way orgs seek out specific cases to fight for specific interests.. i think* |
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Scheneck v US |
Case reguarding 13th amendment and US right to limit speech (in this case because of the war) |
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Texas v Johnson |
Case reguarding "Speech Plus" (flag burning |
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Lemon v Kurtzman |
Case reguarding the lemon test; paying taxes for other schools |
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Employment Division v Smith |
Case reguarding religious freedoms; fired for doing religion based drugs |
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Lukumi Babalu Aye v Hialeah Fl |
Case reguarding religion; must be neutral and generally applicable |
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Near v Minnesota |
Case reguarding press freedom, nuisance laws; prior restraint not allowed |
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NY Times v US |
Case reguarding rule against prior restraint; cannot stop publishment of illegally found information |
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Hustler mag v Falwell |
Case reguarding libel; if it is a parody then its not libel |
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Clear and present danger test |
*no shouting fire in a crowded theater rule* |
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Speech plus |
Freedom of speech includes any other demonstration |
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Establishment clause |
The 1st amendment clause says congress shall make no law respecting an establishment of religion (seperation of church and state) |
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Free exercise clause |
The 1st amendment clause that protects a citizens right to believe and practice whatever religion |
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Lemon test |
To pass 1. Eccesive entaglement clause 2. Cannot advance or inhibit any religion 3. Must have secular legislature purpose |
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Prior restraint |
An effort by gov agency to block publication of material libelous or harmful; censorship |
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Libel |
A written statement considered damaging to a victim (like slander but written) |
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Suffrage |
Right to vote |
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Seneca falls convention |
First big meeting promoting the right of women's suffrage |
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19th amendment |
Women's suffrage amendment |
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15th amendment |
Civil rights guaranteed amendment |
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Grandfather clause |
If you or a reletive voted under the old rules the new rules do not apply to you |
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Poll tax |
Forced to pay to vote (unless grandfathered in) made it difficult for minorities to vote |
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White primary |
Could demand only whites vote in primary election and therefore control who wins |
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Literacy tests |
Forced to prove literacy to vote (unless grandfathered in) made difficult for minorities to vote |
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Voting rights act of 1965 |
1. no literacy tests 2. No gerrymandering 3. Pre clearance (forced to avoid discrimination) |
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Shelby County v Holder |
Deemed pre clearance unconstitutional |
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Dred Scott v Sanford |
Case reguarding decision that no rights were guaranteed to blacks (went against popular sovreignty and helped cause civil war) |
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Plessy v Ferguson |
Case reguarding seperate but equal rule |
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Brown v Board |
Case reguarding seperate is NOT equal |
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Little Rock Nine |
*forced integration of schools, group of black kids going in AK causing a freakin riot* |
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Letter from Birmingham Jail |
*MLKJ did a bunch of cool stuff including write this awesome letter after being arrested* |
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Freedom Riders |
*mixed races, genders, ages, etc riding to different whites only waiting rooms and sitting together in protest* |
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Civil rights act of 1875 |
Rule of no segregation in public places; ruled unconstitutional and officially allowed segregation |
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Civil Rights act of 1964 |
Ruled segregation illegal and that justice dept can investigate civil right violations |
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De jure segregation |
Legally sanctioned segregation |
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De facto segregation |
Segregation by reality of people's actions and habits, though not legalized |
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Equal Employment Opportunity Commission |
Investigates racial and gender based discrimination in hiring process |
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Americans with disabilities act |
Rights of disabled like handicapped parking and accessibility |
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US v Windsor |
Case reguarding same sex marriage |