Civil Liberties and Civil Rights
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is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government. Under the incorporation doctrine, most provisions of the Bill of Rights now also apply to the state and local governments, by virtue of the due process clause of the Fourteenth Amendment of the Constitution.
Equal Protection Clause
part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws.". The Fourteenth Amendment Equal Protection Clause applies only to state governments, but the requirement of equal protection has been read to apply to the federal government as a component of Fifth Amendment due process.
Due Process Clause
Denies the government the right, without due process, to deprive people of life, liberty, and property.
The process by which certain of the guarantees expressed in the Bill of Rights become applicable to the states through the Fourteenth Amendment and court cases.
Changed the burden of proof in Bill of Rights Cases, court must defend rights essential to political process, and claimed the court had the responsibility to protect unpopular groups
is the first of several pronouncements in the First Amendment to the United States Constitution, stating,“Congress shall make no law respecting an establishment of religion”
Free Exercise Clause
is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...”
- Details the requirements for legislation concerning religion. It consists of three prongs:
- 1) The government's action must have a secular legislative purpose;
- 2) The government's action must not have the primary effect of either advancing or inhibiting religion;
- 3) The government's action must not result in an "excessive government entanglement" with religion.
- If any of these 3 prongs are violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.
Freedom of Expression
- The Declaration provides for freedom of expression in Article 11, which states that:
- "The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law."
"time, place, and manner" restrictions
Instead, the U.S. Supreme Court has repeatedly ruled that state and federal governments may place reasonable restrictions on the time, place, and manner of individual expression. Time, place, and manner (TPM) restrictions accommodate public convenience and promote order by regulating traffic flow, preserving property interests, conserving the environment, and protecting the administration of justice.
An act that conveys a political message
Censorship of a publication
Writing that falsely injures another person
".....any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Act."
Right to Associate
the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests.
a formal accusation that a person has committed a crime
a type of jury that determines whether a criminal indictment will be issued
Substantive due Process
demarcates the line between, on the one hand, acts by persons of a public or private nature that courts hold are subject to public regulations or legislation, and on the other hand, acts that courts place beyond the reach of governmental regulation
the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered
under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law
the act of accusing oneself of a crime for which a person can then be prosecuted.
any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination
Strict Scrutiny and Semi-strict scrutiny
A supreme court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal. U.S. courts apply the strict scrutiny standard in two contexts, when a fundamental constitutional right is infringed, particularly those found in the Bill of Rights and those the court has deemed a fundamental right protected by the "liberty" or "due process" clause of the 14th Amendment, or when a government action applies to a "suspect classification" such as race or, sometimes, national origin. For semi-strict scrutiny it must be shown that the law or policy being challenged furthers an important government interest in a way that is substantially related to that interest.
Reasonableness or Rationality Standard
the lowest level of scrutiny that a court applies when engaging in judicial review. tests whether a governmental action is a reasonable means to an end that may be legitimately pursued by the government. This test requires that the governmental action be "rationally related" to a "legitimate" government interest.
Jim Crow Laws
They mandated de jure racial segregation in all public facilities in Southern states of the former Confederacy, with a supposedly "separate but equal" status for black Americans.
Segregation and Desegregation
to eliminate racial segregation and to evoke it
The intermixing of people or groups previously segregated
Civil Rights Act of 1964
a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public
Voting Rights Act of 1965
outlawed discriminatory voting practices that had been responsible for the widespread disenfranchisement of African Americans in the U.S.
Higher Education Act of 1972
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance...
American with Disabilities Act of 1990
The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability
Equal Rights Amendment
- 1) Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
- 2) The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
- 3) This amendment shall take effect two years after the date of ratification.
Right to Privacy
The Bill of Rights, however, reflects the concern of James Madison and other framers for protecting specific aspects of privacy, such as the privacy of beliefs (1st Amendment), privacy of the home against demands that it be used to house soldiers (3rd Amendment), privacy of the person and possessions as against unreasonable searches (4th Amendment), and the 5th Amendment's privilege against self-incrimination, which provides protection for the privacy of personal information.
policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group "in areas of employment, education, and business", usually justified as countering the effects of a history of discrimination.
a term referring to discrimination against members of a dominant or majority group
a content-neutral restriction on the time, place, or manner of speech in a designated public forum; being only as broad as is reasonably necessary to promote a substantial governmental interest that would be achieved less effectively without the restriction; no broader than absolutely necessary.
a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision
an opinion that disagrees with the court's disposition of the case
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