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Govt 2303 - Exam 2

Chapters 4 & 5

Civil Liberties embodied in the first 10 amendments. Personal rights and freedoms found in the Bill of Rights, that government cannot abridge (take away) by law...concerned with what government can/cannot do. WE WANT TO LIMIT GOVERNMENT!
Civil Rights talks about political and social rights, based on issues such as discrimination (race, gender, ethnic origin, religion, etc.) Government provides equal protection of all under the law (role). WE WANT GOVERNMENT TO PROTECT US!
The Bill of Rights The first 10 amendments to the constitution. Guarantees specific rights and liberties of individuals. Incorporated to the states via the 14th amendment.
1st Amendment 5 parts: 1. Freedom of Religion 2. Freedom of Speech 3. Freedom of Press 4. Freedom of Assembly 5. Freedom to Petition
Part 1 of 1st Amendment Clause 1: Establishment of Religion (separation of church and state, establishing 1 religion for the country, preferring 1 over the other)
Part 1 of 1st Amendment Clause 2: Prohibiting the free exercise of religion (freely practice)
Separation of Church and State Establishment Clause: 1. Aid to church-related schools 2. school vouchers 3. Engel v. Vitale (non-denominational prayer) 4. prayer inside classroom(teacher=NO;student=YES) 5. teaching evolution 6. Equal Access Act (1984) [public institutions]
Separation of Church and State Free Exercise Clause: government cannot interfere w/ religious practice (expression). Laws must be neutral towards religion.
Free Exercise Court Cases Oregon v. Smith (1990) -- Native Americans use peyote (drug) when practicing religion ... drugs are illegal ... Native Americans are no longer allowed to use peyote. Native Americans are angry!
Free Exercise Court Cases Wisconsin vs. Yoder (1972) -- Wisconsin law (all children must go to school until 18) ... Amish want to take children out at 16 to fund religion in them ... Amish win case!
Free Exercise Court Cases Goldman vs. Weinberger (1968) -- Jewish rabbi (psychiatrist in military base) wears yarmulke. He was required to take yarmulke off b/c he worked for the military.
Free Exercise Court Cases U.S. vs Seeger (1965) -- M. Ali, and 2 others ... consciously object to the war b/c of religious faith.
Polygamy marriage with multiple women.
Supreme Court interpreting laws, especially when it comes to faiths.
Alien and Sedition Acts (1798) any person attacking govt. @ times of war/crises could be punished or imprisoned.
Prior Restraint restraining an activity before the activity has actually occurred.
Texas vs. Johnson (1989) Symbolic Speech--burning the American flag during the Republican Convention (protesting)...Supreme Court says he had a right to burn flag ... if you burn flag w/out purpose then you're fined.
Libel written defamation
Slander oral defamation
Right to Assemble & Petition Supreme Court has held that state and local governments cannot ban individuals from assembling.
2nd Amendment a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. (decision left to states).
Brady Act(1993) Jim Brady was the security officer who took the bullet for President Reagan ... became paralyzed for life. imposes a waiting period of up to five days for the purchase of a handgun, and subjects purchasers to a background check during that period.
Gag Orders the right of a defendant to a fair trial supersedes the right of the public to "attend" the trial...protects the person being tried.
3rd Amendment No soldier shall, in time of peace be quartered in any house, without the consent of the owner ... against the Quartering Act!
Rights of the Accused Due Process Amendments (following a process) ... 4th, 5th, 6th, and 8th amendments, have to do w/ CRIMINAL SUITS... 7th amendment is also a due process amendment but has to do w/ CIVIL SUITS
Due Process have to follow certain procedures.
4th Amendment Rights of the Accused--Unreasonable searches and seizures!
5th Amendment The 5th--no self-incrimination/coerced confessions ... protects against double-jeopardy and eminent domain.
Double Jeopardy cannot be tried for the same crime twice...but if they find new evidence that leads to a different realm, they CAN trial you for that.
Eminent Domain the right of government to take a person's property for public use ... with compensation.
6th Amendment Rights to legal counsel, informed of charges, speedy & public trial, impartial jury by one's peers.
Speedy Trial as quick as they can happen.
Public Trial open to the public to attend trial, unless there is a gag order.
7th Amendment same thing as 6th amendment, but for CIVIL SUITS ... like: divorce settlement, DUI, child support, etc.
8th Amendment Cruel and Unusual Punishments ... no unreasonable bails. Judge cannot issue excessive bails.
9th Amendment rights that are not listed in the constitution ... are retained by the PEOPLE.
10th Amendment rights that are not listed in the constitution ... are retained by the STATE.
Privacy Rights there is no explicit constitutional right to privacy, but rather right to privacy is an interpretation by the Supreme Court.
U.S.A. Patriot Act wire-tapping, security cameras, etc ... w/out people even knowing it (it has recently been renewed for another year by President Obama).
Civil Rights What governments must do to provide equal protection and freedom from discrimination for all citizens...traditionally rooted in the 14th amendment.
Movements before Civil War Congress bans slave trade (1808). Missouri Compromise (balancing free/slave trade). Anti-Slavery Society (rejected women participation). Seneca Falls Convention (discussed women issues).
Aftermath of Civil War Emancipation Proclamation (1863)--issued by Abraham Lincoln.
Civil War Amendments--13th Amendment abolished slavery w/in the United States.
Civil War Amendments--14th Amendment established equal protection of all & grants due process such that no state shall deprive citizens of their rights under the constitution.
Civil War Amendment--15th Amendment established the right of citizens to vote (excluded women).
Jim Crow Laws deprived blacks of civic and political participation, established segregated educational and transportation facilities, and forbade intermarriage between blacks and whites.. "separate but equal"
Poll Taxes blacks had to pay taxes in order to vote.
Black Codes severe restrictions on freed slaves..prohibiting their right to vote, forbidding them to sit on juries, limiting their right to testify against white men, carrying weapons in public places & working in certain occupations.
Literacy Tests ex: Alabama Literacy Test ... in order to prevent blacks from voting.
Grandfather Clauses "if your grandfather voted, then you can vote!"
Fight for Equality Plessy vs. Ferguson..NAACP founded(1909)..Brown vs. Board of Education(1954).
Plessy vs. Ferguson Homer Plessy sat in a car that was for use by white only. Plessy was born free & was 1/8 black & 7/8 white, thus required to sit in the "colored" car. In a planned act, Plessy refused to move to the colored car, he was arrested/jailed.
Brown vs. Board of Education declared state laws establishing separate public schools for black and white students, denying black children equal educational opportunities unconstitutional.
Women's Fight for Equality NAWSA (1890)..Suffrage Battles..19th Amendment (women's right to vote).
Protests, Marches, Sit-Ins, and Demonstrations School integration: governors Faubus/Wallace...Rosa Parks.
Civil Rights Movement The Southern Christian Leadership Conference (1957) w/ MLK as head of the organization.
M.L.K. nonviolence approach from Ghandi (no violence!!).
Malcolm X & Black Power Malcolm Little argued that violence had to be present b/c non-violent protests were not making a difference.
1963 (1960's) Kennedy initiates civil rights legislation..King's "I have a dream" speech..Kennedy is assassinated/Johnson becomes president..Strom Thurmond (Supreme Court) holds up civil rights bill for 8 weeks.
Civil War Legislation (1964) Voter registration; public accommodations; public schools; employment.
Oregon vs. Smith use peyote in terms of practicing religion ... N.Americans are not allowed to use it.
Wisconsin vs. Yoder Wisconsin law (all children must remain in school until 18). Amish want to take them out @ 16, and win case!
Goldman vs. Weinberger Jewish rabbi (psychiatrist @ military base) wears a cap. He was required to take it off b/c he was working in a military base.
U.S. vs Seeger Muhammed Ali, and 2 others (Seeger) ... conscious object to the war b/c of religious faith.
Incorporation Theory states have to avide to nation law/govt. National and State governments both incorporate it.
Texas vs. Johnson Amd. 1-- Burning the American flag during the republican convention; burning the flag in order to show patriotism. Supreme Court says that he had a right to burn the flag. If you burn flag w/out purpose=fine!
N.Y. Times vs. Sullivan Amd. 1-- actual malice ... loses employment b/c of defamation.
Mapp vs. Ohio (4th Amendment) woman of questionable repute, pursuing individual that has to do w/ bombing; enter w/ fake warrant and do not find bombs, but find drugs. Drugs cannot be used in trial b/c there was no warrant! She is free!
Miranda vs. Arizona (5th Amendment) Ernesto Miranda kidnaps/rapes 18 yr. old, and is told to write a confession..he is never told that he can have a lawyer, or to remain silent. Miranda Rights (4,5,6 amds.)
Gideon vs. Wainwright (6th Amendment) Gideon steals from vending machines/tip jars, and does not have a lawyer so he is put in jail. Gideon realizes that they violated his 6th amendment. Supreme Court freed him.
Griswold vs. Connecticut (9th/10th Amendment) Planned Parenthood..illegal to openly talk/hand-out contraceptions. Society believes that they're promoting sex. P.P. said they were trying to educate.
Roe vs. Wade (9th/10th Amendment) Abortion. Roe is a mother of 1, but wants to have an abortion. Court argues that women's pregnancy could be broken into 3 trimesters.
Civil Rights what governments must do to provide equal protection and freedom from discrimination for all citizens..traditionally rooted in the 14th amendment to the Constitution.
Slave Trade banned by congress in 1808.
Missouri Compromise (1820) balancing the free and slave states (1 slave=1 free).
Anti-Slavery Society (1833) William Garrison and Frederick Douglass
Seneca Falls Convention (1848) Elizabeth Stanton... women's rights (vote), safeguarding women @ work, protect women from abusive husbands....protection in the workplace.
Dred Scott Decision (1857) Dred Scott vs. Sanford -- ruled that people of African descent imported into the U.S. and held as slaves, or their descendants—whether or not they were slaves—were not protected by the Constitution and could never be citizens of the United States.
Emancipation Proclamation (1863) issued by Abraham Lincoln.
Civil War Amendments 13th, 14th, and 15th amendments.
De Facto Segregation racial segregation that occurs b/c of past social and economic conditions and residential racial patterns.
De Jure Segregation racial segregation that occurs b/c of laws/administrative decisions by public agencies.
Civil Rights Act of 1964 Title 4, title 7, title 9, and amendment 24.
Title IV (4) outlawed discrimination in schools.
Title VII (7) outlawed job discrimination.
Title IX (9) outlawed gender discrimination.
Amendment 24 abolished the poll tax.
Dawes Act made it possible to own reservations for American Indians (1887).
Religious FreedomHispanics Oregon vs. Smith case (peyote).
Hispanics By 2050, Hispanics will be the predominant race in the U.S. -- Issues: bordero control, citizenship.
Americans w/ Disabilities Act (1990) Prohibits job discrimination against individuals w/ physical and mental disabilities...requires physical access to public buildings and public services. Protected by 14th amd.
Age Discrimination in Employment Act (1967) Prohibits discrimination by age in all but a limited number of occupations where age is considered relevant to the job. Mandatory retirement has progressively been made illegal by laws passed in 1978 and 1986. Protected by 14th amd.
Gay and Lesbians same sex marriage..child custody and adoptions..serving in the military (don't ask, don't tell). Protected by 14th amd.
Affirmative Action A policy in educational admissions or job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination. California vs. Bakke
California vs. Bakke (1978) student has good grades, but does not get accepted...he's white so he's turned down. Minorities get accepted instead (w/ lower scores). Reverse discrimination. Supreme Court says that University is allowed to use quotas,but he should have been accepted.
Lemon vs. Kurtzman (1971) Private Elementary/Secondary Education Act, allowed the state Superintendent of Public Instruction to reimburse private schools (religious) for teachers' salaries who taught secular material, violated the Establishment Clause of the First Amendment.
Lemon Test 1. The govts. action must have a secular legislative purpose. 2. The govts. action must not have the primary effect of either advancing/inhibiting religion. 3. The govts. action must not result in an "excessive government entanglement" with religion.
Created by: kserrano005