Study Sheet for Test 2
Chapter 4--Civil Liberties
4.1 What are Civil Liberties?
Civil Liberties v. Civil Rights
Relevance of the Declaration and Locke
Civil Liberties and the Constituion
Japanese Internment
Federalist arguments against the Bill of Rights
Extension of Bill of Rights to the States (Incorporation)
14th Amendment
Privileges and Immunities Clause
**Total Incorporation?**
**Slaughterhouse Cases (1873)**
Due Process Clause
**Substantive Due Process**
Selective Incorporation
4.2 Securing Basic Freedoms
The First Amendment
The Establishment Clause
**Everson v. Board of Education (1947)**
Lemon v. Kurtzman (1971)
The Lemon Test
** "Mechanical Jurisprudence" **
**Budget reallocations, rendering the Lemon Test meaningless?**
"Ceremonial Deism"
The Free Exercise Clause
Can religion trump general laws?
Sherbert v. Viner (1963) and Wisconsin v. Yoder (1972)
Religion is a "suspect class" so the three part test of strict scrutiny is triggered--here called the Sherbert Test
Employment Division v. Smith (1990)
Religious Freedom Restoration Act (RFRA) and State level RFRAs
Burwell v. Hobby Lobby (2014)
Freedom of Expression
Free Speech
Schenck v. United States (1919)
Clear and Present Danger Test
**Gitlow v. New York (1925)**
Brandenburg v. Ohio (1969)
Imminent Lawless Action Standard
Symbolic Speech
Texas v. Johnson (1989)
Free Press
Prior Restraint
Near v. Minnesota (1931)
Pentagon Papers case (1971)
Libel
New York Times v. Sullivan (1964)
**"Actual Malice" Standard**
Obscenity
Miller v. California (1973)
Student Speech
Tinker v. Des Moines (1969)
Hazlewood v. Kuhlmeier (1988)
The Second Amendment
Individual Right or for Militias?
United States v. Cruikshank (1876)
District of Columbia v. Heller (2008)
McDonald v. Chicago (2010)
The Third Amendment
The Fourth Amendment
Search Warrants
Probable Cause
"Reasonable Expectation of Privacy"
The Exclusionary Rule
"Fruit of a Poisoned Tree"
Weeks v. United States (1914)
Mapp v. Ohio (1961)
Good Faith Errors, other exceptions
4.3 The Rights of Suspects
The Fifth Amendment
Grand Juries
Double Jeopardy
Ways around Double Jeopardy
Federal or State
Criminal Law **(Beyond a Reasonable Doubt)** or Civil Law **(Preponderance of the Evidence)**
Self Incrimination
Miranda v. Arizona (1966)
Takings Clause
Eminent Domain
Kelo v. New London (2005)
The Sixth Amendment
Speedy Trial
Plea Bargains
Jury Selection
Subpoenas
Right to Counsel
Gideon v. Wainwright (1963)
The Seventh Amendment
Right to Jury Trial
Judges decide law, juries decide fact
The Eighth Amendment
Bail--how it works, what it is
Cruel and Unusual Punishment
**Evolving Standard of Decency**
4.4 Interpreting the Bill of Rights
The Ninth Amendment
Common Law rights
**What is Common Law?, Common Law v. Code Law**
The Tenth Amendment
States can exceed but not contradict the federal government when extending civil liberties
Right to Privacy
Brandeis and Warren Article (1890)
Griswold v. Connecticut (1965)
** "Penumbras and Emanations" **
Sexual Privacy
Abortion
Roe v. Wade (1973)
Planned Parenthood v. Casey (1992)
Sodomy Laws
**Bowers v. Hardwick (1986)**
Lawrence v. Texas (2003)
Privacy of Communications and Property
Metadata
USA PATRIOT Act
Chapter 5--Civil Rights
5.1 What Are Civil Rights and How Do We Identify Them?
Defining Civil Rights
Equal Protection Clause of the 14th Amendment
Identifying Discrimination
**Discrimination is the creation of classes**
**Suspect Class**
Rational Basis (not a suspect class)
Is the act of discrimination "rationally related to government interest"?
**Burden of Proof on the class being discriminated against**
Strict Scrutiny
**Triggered by Suspect Class**
Race, Religion, Ethnicity, National Origin
Burden of Proof is on the discriminator (the government)
**"Strict in Theory, Fatal in Fact"**
1. Compelling Government Interest
2. Narrowly Tailored
3. Least Restrictive Means
Affirmative Action (though this is treated in section 5.2, I'm putting the cases here)
Regents of the University of California v. Bakke (1978)
Diversity, no Quotas
University of Michigan Cases (2003)
Intermediate Scrutiny
**Reed v. Reed (1971)**
Craig v. Boren (1976)
Burden of Proof on the Government
Unequal treatment must be "substantially related to an important government objective"
5.2 African American Struggle for Equality
Slavery and the Civil War
Ambiguity of the Constitution
Dred Scott v. Sandford (1857)
Reconstruction and Its End
Literacy Tests
Understanding Tests
Grandfather Clauses
Poll Taxes
White Primaries
Civil Rights in the Courts
Brown v. Board of Education (1954)
Grass Roots Activism
Legislating Civil Rights
SNCC, SCLC, CORE, other civil rights groups
Civil Disobedience
Civil Rights Act of 1964
Deals with non-governmental discrimination
**Upheld in Heart of Atlanta v. United States (1964)**
**Commerce Clause**
Equal Employment Opportunity Commission (EEOC)
Continuing Challenges
De Jure v. De Facto segregation
5.3 The Fight for Women's Rights
The Early Women's Rights Movement and Women's Sufferage
Coverture
Lack of Voting Rights
1848 Seneca Falls Convention
Passage of the 19th Amendment in 1920
Equal Rights Amendment
First introduced in 1923
Officially Proposed in 1972
Fails to get Ratified
Continuing Challenges
Abortion Access
Sexual Harassment and Sexual Assault
Pay Disparity
Comparable Worth
5.4 Civil Rights for Indigenous Groups
Native Americans Lose Their Land and Rights
Indian Removal Act (1830)
Cherokee Nation v. Georgia (1831)
Worcester v. Georgia (1832)
Jackson's refusal to enforce
"Trail of Tears"
Dawes Severalty Act (1887)
Fight for Native American Rights
Indian Citizenship Act (1924)
Indian Reorganization Act (1934)
Radicalism in the 60s and 70s
Indian Self-Determination and Education Assistance Act (1975)
Legalized gambling, casinos, etc.
5.5 Equal Protection of Other Groups
Hispanic/Latino Rights
Original Incorporation through Annexation
Bracero program
Mendez v. Westminster (1947)
"Operation Wetback"
Cesar Chavez, United Farm Workers, 1962
Immigration debates
DREAMers
Asian Americans
Chinese Exclusion Act (1886)
Immigration Act of 1924 bans all Asians except Filipinos
Executive Order 9066--Japanese Internment (110,000 internees)
Korematsu v. United States (1944)--1986 law gave $20,000 to survivors plus apology
Affirmative Action?
LGBT Community
The Closet
Mattachine Society, Daughters of Bilitis
Stonewall Riot (1969)
1973, DSM reclassification
Lawrence v. Texas (2003)
Obergefell v. Hodges (2015)
Disabled Americans
Eugenics
Buck v. Bell (1927)
Americans With Disabilities Act (1990)
Religious Minorities
Mormons
Jews
Muslims
Christians?
NOTE: Double asterisks indicate items not covered in the text that I still want you to know.