unit 2 civil liberties and civil rights chapters 4 & 5

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Q: Gitlow v New York

A:

• A supreme court case between Gitlow, a socialist, who pushed and called for the establishment of socialism in America.

• He was arrested for distributing left wing socialist pamphlets.

• It was ruled that no state can deny a citizen of their first amendment rights.

• This decision led to the incorporation doctrine.

Q: incorporation doctrine

A:

• The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.

Q: Lemon v Kurtzman

A:

• Supreme Court declared based on 1st amendment that aid to church-related school must have:

1. A secular legislative purpose.

2. A primary effect that neither advances nor inhibits the religion.

3. Cannot foster an executive government entanglement with religion.

Q: Lemon test

A:

• a test for the level of financial involvement of government agencies in religious schools based on Lemon v. Kurtzman (1971).

1. the government might assist religious entities if:

2. there is a legitimate secular purpose for the help,

3. the help does not have the primary effect of advancing or prohibiting religion

4. the help does not create "excessive entanglement" between the government and the religion.

Q: Engel v Vitale

A:

• Court ruled that all school-sanctioned prayer in public schools is unconstitutional

• banned formal prayer in schools, government would not make any religion the 'official' religion.

Q: University of California v Bakke

A:• SC decision that a state university cannot admit less qualified

individuals solely based on their race. However it didn't hold that this type of affirmative action was unconstitutional but just that they had to be made differently.

• imposed limitations on affirmative action to ensure that providing greater opportunities for minorities did not come at the expense of the rights of the majority.

• affirmative action was unfair if it lead to reverse discrimination. • The case involved the University of Calif., Davis, Medical School

and Allan Bakke, a white applicant who was rejected twice even though there were minority applicants admitted with significantly lower scores than his. A

• closely divided Court ruled that while race was a legitimate factor in school admissions, the use of rigid quotas was not permissible.

Q: Mapp v Ohio

A:• Dollree Mapp had been sentenced to seven years for position

of obscene material in 1957. • the police had seized this material without a search warrant. • Supreme Court applied 4th Amendment protections to the

states and said that the states were required to get search warrants.

• The Court adopted a rule excluding from a criminal trial evidence that the police obtained unconstitutionally or illegally. This is called the exclusionary rule.

• The SC ruled that based on the 4th amendment, the evidence had been seized illegally and the court reversed Mapp'sconviction.

Q: Gideon v Wainwright

A:

• Anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer according to the 6th amendment.

Q: Miranda v Arizona

A:• The SC established guidelines for police questioning and constitutional rights.• helped define the due process clause of the 14th Amendment. • Required that arresting officers notify a suspect that “you have the right to remain• silent...” and that the suspect has the right to the presence of an attorney during• questioning.• At the center of the case was Ernesto Miranda, who had confessed to a crime

during police questioning without knowing he had a right to have an attorney present.

• Based on his confession, Miranda was convicted. • The Supreme Court overturned the conviction, ruling that criminal suspects must

be warned of their rights before they are questioned by police. • These rights are: the right to remain silent, to have an attorney present, and, if the

suspect cannot afford an attorney, to have one appointed by the state. The police must also warn suspects that any statements they make can be used against them in court.

• Miranda was retried without the confession and convicted.

Q: Miranda rights

A:1. You have the right to remain silent. 2. Anything you do or say may be used against you in a court of law.3. You have a right to consult an attorney before speaking to the

police and have an attorney present during questioning now or in the future.

4. If you cannot afford an attorney, one will be appointed for your before any questioning if you wish.

5. If you decide to answer questions without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.

6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions with an attorney present?

Q: Texas v Johnson

A:

• affirmed the Constitutional First Amendment protection of protesters to burn the American Flag as freedom of symbolic speech

Q: Roe v Wade

A:

• struck down laws prohibiting abortion during the first trimester of pregnancy.

Q: New York Times v Sullivan

A:

• Statements about public figures are libelous only if made with malice and reckless disregard for the truth.

Q: Brown v Board of Education of Topeka

A:

• This overturned Plessy v. Ferguson and said that segregation in schools was unconstitutional because it violated the Fourteenth Amendment.

Q: Griswold v Connecticut

A:• Constitution implicitly guarantees citizens' right to

privacy.• A couple has the right of privacy concerning the issue

of use of contraceptives, and planned parenthoods thus have the right to teach couples about the different methods and uses of different contraceptives.

• There is no mention of the right of privacy in the Constitution, in Griswold the Court pulled together elements of the 1st, 3rd, 4th, 5th, 9th, and 14th Amendments to recognize that personal privacy is one of the rights protected by the Constitution

Q: Craig v Boren

A:

• gender cases will have a middle level of importance compared to race and routine classifications. Routine cases get most space, gender cases next, and racial cases last.

• classification of individuals based on gender must be related to an important government objective; replaced minimum rationality standard.

Q: intermediate scrutiny

A:

• the test used by the supreme court in gender discrimination cases.

• places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional

Q: strict scrutiny

A:

• the criteria used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights

• places the burden of proof on the government, rather than the challengers, to show that the law in question is constitutional

Q: New Jersey v TLO

A:• Established a reasonable suspicion rule for school

searches• TLO caught smoking in the bathroom, searched her

purse without a warrant and found lots of sensitive material, claimed illegal search and evidence should be suppressed

• supreme court held that students have the 4th amendment right to be free from unreasonable search and seizure in the schools.

• the case concerned whether school officials had the right to search a student's purse.

Q: reasonable suspicion

A:

• Facts or circumstances which would lead a reasonable person to suspect that a crime has been, is being, or will be committed.

• Can be used to get a warrant for a situation where there is a pretty low, but still some, expectation of privacy, or to justify actions such as stop and frisk.

• the officer does not have to know exactly what criminal activity the suspect may be up to. The stop and frisk can therefore be based on a broader suspicion that may encompass drugs or concealed weapons

Q: Schenck v US

A:

• state laws enforcing segregation by race are constitutional if accommodations are equal as well as separate.

• subsequently overturned by Brown v. Board of Education of Topeka.

Q: Adarand v Pena

A:

• federal programs that classify people by race, even for an ostensibly benign purpose such as expanding opportunities for minorities, should be presumed to be unconstitutional.

• Such programs must be subject to the most searching judicial inquiry and can survive only if they are "narrowly tailored" to accomplish a "compelling governmental interest."

Q: Santa Fe v Doe

A:

• Football game prayers were public speech authorized by a government policy and taking place on government property at government-sponsored school-related events and were unconstitutional under the Establishment Clause of the First Amendment. Student-initiated, student-led prayers at football games are unconstitutional.

Q: Roper v Simmons

A:

• Christopher Simmons was convicted at 17 years old and sentenced to death in 1993. The state found that this was unconstitutional since the public today found that sentencing minors to death was cruel and unusual punishment.

• Result: The Court ruled that evolving standards have indicated that sentencing minors to death is both cruel and unusual under the 8th A. Overturned Stanford v Kentucky - incorporation

Q: McDonald v Chicago

A:

• right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states.

• The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.

Q: Edmonson v Leesville

A:

• Edmonson sued Leesville for negligence

• Leesville used 2 out of the 3 peremptory to remove black jurors Edmonson asked for an explanation but was turned down

• when selecting a jury for civil cases, attorneys must be race neutral when eliminating jurors (cannot eliminate guy because he is black and so is defendant)

Q: establishment clause vs free exercise clause

Establishment clause

• the First Amendment guarantee that the government will not create and support an official state church

• Prohibits the establishment of a national religion

Free exercise clause

• the First Amendment guarantee that citizens may freely engage in the religious activities of their choice

A:

Q: prior restraint

A:

• a government preventing material from being published.

• This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States according to the first amendment and as confirmed in the 1931 case of Near v. Minnesota.

Q: probable cause

A:• the situation occurring when the police have reason to

believe that a person should be arrested. In making the arrest, the police are allowed legally to search for and seize incriminating evidence.

• Probable cause to search means a government agent has information that will lead a person of reasonable caution to believe that a search of a particular place will turn up specific evidence of a crime.

• Probable cause to arrest means a government agent has information that will lead a reasonable person to believe that a crime's been committed and the suspect probably committed it.

Q: symbolic speech

A:

• nonverbal communication, such as burning a flag or wearing an armband.

• The Supreme Court has accorded some symbolic speech protection under the first amendment.

Q: exclusionary rule

A:

• the rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained.

• The rule prohibits use of evidence obtained through unreasonable search and seizure.

Q: 14th amendment/ due process clause/ equal protections clause

14th amendment• all the laws in bill of

rights pertain to states as well. Due process clause, citizenship clause, loss of citizenship clause, equal protection clause and incorporation.

Due process clause• Says that government does

not have the right to deprive people of life, liberty and property

• Substantive- Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

• Procedural- Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

A:

Equal protections clause

• no state can deny any citizen equal protection of the law

Q: de jure vs de facto segregation

De jure

• Segregation imposed by law.

De facto segregation

• Segregation resulting from economic of social conditions or personal choice.

A:

Q: shield laws

A:

• Laws created to protect news reporters from being forced to testify in courts or disclose confidential information

• allows them protect their source

Q: comparable worth

A:

• the issue rose when women who hold traditionally female jobs are paid less than men for working at jobs requiring comparable skill.

Q: gray liberation

A:

• Movement against elderly age discrimination.

Q: Voting Rights Act of 1965

A:

• invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks

• as more blacks became politically active and elected black representatives, it brought jobs, contracts, and facilities and services for the black community, encouraging greater social equality and decreasing the wealth and education gap

Q: Civil Rights Act 1964

A:

• This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.

Q: 1st amendment

A:

• establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly.

Q: 2nd amendment

A:

• Right to Bear Arms

Q: 3rd amendment

A:

• No quartering of troops

Q: 4th amendment

A:

• Search & seizure

• Searchers must have probable cause

• Cannot have unreasonable search & seizure

• Need search warrant specifying area to be searched

– If Police have arrest warrant, they can search immediate area without search warrant

• Exclusionary rule

Q: 5th amendment

A:1. No self incrimination- permits an individual to refuse to disclose

information that could be used against them in a criminal prosecution. The purpose of this right is to inhibit the government from forcing a confession

2. Due process- NATIONAL government must observe fair procedures when it denies a person life, liberty, or property

3. Eminent domain- government can take private property for a public purpose, but it must provide fair compensation to the owners of that property

4. Double jeopardy- prohibits state and federal governments from reprosecuting for the same offense a defendant who has already been acquitted or convicted

5. Grand jury- A jury of persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment (to bring into trial); they determine whether Probable Cause exists to believe that the accused has committed a crime, and they returnan indictment

Q: 6th amendment

A:1. Right to lawyer- The accused also has the right to an attorney (a lawyer).

If you can not afford an attorney, one will be given to you by the court2. Jury of peers/ public trial- The state can not put them in a warehouse

and question them about the crime. It must be available to the public so that it is fairer to the accused.

3. Right to impartial jury- The trial must be held by an impartial jury. The jurors can not be prejudiced against the accused or the crime that they've been accused of, or it would be unfair.

4. Face eyewitnesses- The accused has the right to know what they are being charged with and why they're being held in jail. The accused also has the right to know who is saying that they've committed the crime, and the right to ask them questions.

5. Speedy trial- The accused has the right to a quick trial. This means that the state can not make them sit in jail for 6 years while they wait to have a trial.

Q: jury in civil cases

A:• extends the right to a jury trial to federal civil cases

(i.e. car accidents, disputes between corporations for breach of contract, or most discrimination or employment disputes.)

• Can be brought to civil court if dispute involves at least $20

• In civil cases, the person bringing the lawsuit (the plaintiff) seeks money damages or a court order preventing the person being sued (the defendant) from engaging in certain conduct.

• To win, the plaintiff must prove their case by over fifty percent of the proof.

Q: 8th amendment

A:

• No cruel & unusual punishment – Death penalty/ capital punishment is constitutional

depending on the case

• No excessive bail: – Bail-the money paid by a defendant in a criminal case in

exchange for his or her release from jail before trial. Bail is returned to the defendant when they appear at trial but is forfeited to the government if they don’t appear. In this way, bail provides an incentive for a defendant to remain in the area and participate in the trial; promotes the ideal of being innocent until proven guilty

Q: 9th amendment

A:

• Unlisted rights

• James Madison’s attempt to ensure that the Bill of Rights was not seen as granting to the people of the United States only the specific rights it addressed.

Q: 10th amendment

A:

• Reserved powers to states

• States: public policies dealing with social, family, & moral issues, regulate drinking ages, marriage & divorce, speed limits, clean air, welfare, health care, education, welfare, civil rights, unemployment, minimum wage,

Q: 13th amendment

A:

• This amendment freed all slaves without compensation to the slaveowners.

• It legally forbade slavery in the United States.

Q: 14th amendment

A:

1. Citizenship clause- overturn the case of Dred Scott v. Sanford

2. Privileges or immunities clause- No state would be allowed to abridge the "privileges and immunities" of citizens

3. Due Process Clause- states cannot pass arbitrary or unfair laws

4. Equal Protection Clause- limits the ability of states to discriminate against people based on their race, national origin, gender, or other status; equal opportunity

5. State Action- The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Q: FREE RESPONSE 14th amendment/ due process clause/ equal protections clause

14th amendment

• all the laws in bill of rights pertain to states as well. Due process clause, citizenship clause, loss of citizenship clause, equal protection clause and incorporation.

Due process clause• Says that government does not have

the right to deprive people of life, liberty and property

• It protects procedural rights – states cannot take peoples’ “life, liberty , or property without due process of law.” These rights of process include, for example, a trial by an impartial jury with evidence obtained in compliance with the Fourth Amendment’s warrant requirement.

• Substantive- Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

• Procedural- Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

• Roe v Wade, Griswold v Connecticut

A:

Equal protections clause

• no state can deny any citizen equal protection of the law

• Equal opportunity

• states must apply the law equally and cannot discriminate against people or groups of people arbitrarily. It does not mean that all people have to be treated the same way

• Brown v Board, University of California v Bakke

Q: 15th amendment

A:

• declared that citizens cannot be denied the right to vote because of race, color, or previous condition of servitude.