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Oneill - Civil #3

Oneill -civil Right and Liberties (impact of 14th Amend.)

QuestionAnswer
- How has affirmative action been interpreted by the Supreme Court? In Bakke v. Regents (1978) the court found that Alan Bakke had been denied equal protection by UC-Davis’s use of a two-track admission system.
- What was Chief Justice Warren’s reasoning in Brown v. Board of Education? “ in the field of public education the doctrine of ‘separate but equal’ has no place” because “separate but equal” facilities are inherently unequal.
- What is the difference between de jure and de facto segregation? De jure segregation, or legally binding segregation, was ruled unconstitutional. However, states continued to segregate schools through the use of drawing school district lines so as to produce single race schools districts, creating de facto segregation.
- What are the rules regarding religious clubs or organizations that meet in public schools? religious clubs are allowed to meet in public schools after school hours. Excluding the religious club was unconstitutional content-based discrimination, and permitting the meetings would not violate the establishment clause.
- What is procedural due process? The due process clause in the Fourteenth Amendment, adopted in 1868, states that before a convict can be executed, imprisoned, or fined fro a crime, he or she must get a fair trial, based on legitimate evidence, with a jury.
- What is substantive due process? Substantive rights are those general rights that individual have to possess or to do certain things, despite the government’s desire to the contrary. These are rights, like the freedom of speech and religion.
- What is the name of the judicial concept that has been used to apply the protections of the Fourteenth Amendment to the states? This debate is known as the incorporation doctrine, and is ongoing.
- How have the rights of homosexual been protected under the Fourteenth Amendment? . In Lawrence v. Texas (2003), the Supreme Court found that laws prohibiting homosexual conduct also violate the clause
- How was the protection against unreasonable search and seizure incorporated by the Supreme Court under the Fourteenth Amendment? In the 1949 case Wolf v. Colorado, the Supreme Court applied the protection against unreasonable search and seizure to the states under the due process clause of the Fourteenth Amendment.
- What is the rational basis test? The rational basis test determines if the discrimination in question has a legitimate purpose, such as legislation purposes, such as legislation that denies liquor to people under the age of twenty-one.
- What is the strict scrutiny test? This test is used for discrimination when race is concerned. The law that discriminates must serve a compelling public interest in order for the Court to upheld it is valid and non-discriminatory.
- How have civil liberties and civil rights evolved over time? The Declaration of Independence, the Constitution, and the Bill of Rights set out the basic foundations for the protections of civil liberties and civil rights. These rights have evolved through legislative action and judicial interpretation
- What is the difference between civil rights and civil liberties? Civil liberties are those rights that belong to everyone.Civil rights are the positive acts of government designed to prevent discrimination and provide equal protection under the laws.
- What did the American with Disabilities Act of 1990 accomplish? It forbids employers and owners of public accommodations from discriminating against people with disabilities. ex = States now are required to make all public buildings wheelchair accessible
Created by: oneillp