AP GOVERNMENT REVIEW- CH. 5 & 6

OF BARRON’S BOOK & CARDS 38-111 ON

BARRON’S FLASHCARDS

Created increased accountability for school districts by establishing national testing in English and math in grades 3-8. States would pay for the training and testing of students, an unfunded mandate

New tests in high school science Increased training for teachersSchools that do not measure up to federal standards

would lose federal aid in the Head Start preschool program; Charter schools could also be created

Parents of students attending failing schools would have a choice about where to send their students

Some states challenged the law claiming it was unfair burden on them to provide the monetary resources

38. NO CHILD LEFT BEHIND ACT

Implemented by the Department of Education, it was funded by the American Recovery and Investment Act of 2009 in the amount of over $4billion dollars

IT gave grans to states that met the following requirements: Adopting standards and assessments that prepare

students to succeed in college and the workplace and to compete in the global economy

Building data systems that measures student growth and success, and inform teachers and principals about how they can improve instruction

Recruiting, developing, rewarding, and retaining effective teachers and principals, especially where they are needed the most

Turning around our lowest-achieving schools

39. RACE TO THE TOP

Facts: Congress passed the Gun Free Zone Act in 1992. It prohibited anyone from possessing a gun within 1,000 feet of a school. Lopez was charged with violation of the law and was convicted.

Issue: Did Congress have the authority under the commerce clause to pass this law?

Decision and significance: The court decided that the law was unconstitutional because it violated the Tenth Amendment’s reserve power clause. The court ruled that the act had nothing to do with interstate commerce and the authority to pass such legislation rested with the states.

40. UNITED STATES V. LOPEZ

After President Reagan’s press secretary, Jim Brady, was shot during the assassination attempt on Reagan, he and his wife led a campaign to establish legislation that would create a system of instant background checks before someone could purchase a gun

Congress passed the law in 1994 and states were required to fund the implementation of the background checks until the federal government was able to do so

Police offi cials in Arizona challenged the law because the felt that the law placed an unfair burden on the states to fund the program. The case reached the Supreme Court as Printz v. United States.

The court ruled that the provision requiring state funding was unconstitutional became it violated federalism principles. The federal government created a computerized instant background check and the states did not have to fund the program

41. THE BRADY LAW

Adopted two years after the ratification of the US Constitution after delegates to the Constitutional Convention agreed to the concept of a Bill of Rights as the fi rst 10 amendments to the Constitution

Established a basic definition of civil liberties-those rights that government cannot take away

Established an individual’s due process rights as uses similar language from the Declaration of Independence to protect individuals against the government depriving them of “life, liberty and property without due process”

The bill of rights initially applied only to laws passed by the federal government. As a result of Supreme Court Cases in the twentieth century, the Bill of Rights was applied to the states through selective incorporation

42. BILL OF RIGHTS

Guarantee that Congress could not make laws:

Establishing a state supported religionProhibiting the free exercise of a

person’s religionAbridging freedom of speechAbridging freedom of the pressRespecting the right to peaceably

assembleRespecting the right to petition the

government

43. FIRST AMENDMENT

Thomas Jeff erson called for a “wall of separation between church and sate”

The clause was intended to prevent the federal government from supporting a national religion

Supreme Court interpretations of the clause deal with state financial support of religion, school prayer, and government-supported religious symbols

The court has been inconsistent in rulings that deal with establishment issues, placing limitations on government support of religion while supporting a government entity’s right to recognize religion

44. ESTABLISHMENT CLAUSE

Facts: NY state had a mandatory requirement that all students must recite a nondenominational prayer that started with “Almighty God we acknowledge our dependence on thee…” each day along with the pledge

Issue: Whether the establishment clause was violated by NY

Decision: The court struck down the prayer, ruling that it violated the 1 st Amendment’s separation of church and state

Significance: Schools could not include a daily prayer as part of a formal daily activity

Related Cases: Lee v. Weisman (1992), clergy at graduation ceremonies unconstitutional; Santa fe ISD v. Doe (2000), school-led prayer prior to football game unconstitutional

45. ENGLE V. VITALE

Facts: a Pennsylvania law allowed state financial support, such as textbooks and teacher salaries, for secular subjects taught in parochial schools

Issue: Did the Pennsylvania law violate the 1 st Amendment’s establishment clause?

Decision: The court ruled that the state violated the separation of church and state by providing aid to parochial schools

Significance: The court also developed a three-prong test as criteria for determining whether the establishment clause has been violated 1. Purpose of the legislation must be secular, not religious 2. Primary effect of the legislation must neither advance nor

inhibit religion 3. The legislation must avoid an excessive entanglement of

government with religion

46. LEMON V. KURTZMAN

This clause was included to allow citizens to practice religion without government interference

Free exercise of religion guarantees that one’s beliefs are protected but raises questions of whether actions based on those beliefs constitute a violation of the free exercise clause

Issues such as working on the Sabbath, the practice of polygamy, using illegal drugs as part of religious exercise, pledging allegiance to the flag, and home schooling because of religious beliefs have been raised and decided by supreme court.

47. FREE EXERCISE OF RELIGION

Reynolds v. US (1878) dealt with the practice of polygamy in the territory that would become Utah

Reynolds, a mormon, was a polygamist and was arrested and convicted for violating a Utah law making polygamy illegal. Reynolds challenged the law based on the free exercise clause

The supreme court ruled that the law was constitutional and the practice of polygamy was not a violated on the free exercise clause

Employment Division of Oregon v. Smith (1990) dealt with the practice by a native american indians of using peyote as part of their religious ritual

Oregon refused to grant unemployment benefi ts because the Native Americans used illegal drugs and were dismissed from drug counseling jobs. The Supreme Court upheld Oregon’s decision stating that there was a compelling govt. interest regulating drugs

48. REYNOLDS V. US & EMPLOYMENT DIVISION OF OREGON

V. SMITH

The issue of free speech revolves around the extent and limits the government can place on free expression

Speech is classified as expressive and symbolic Individuals can bring up lawsuits, called slander,

against entities that use speech to defame one’s character

Speech can also be limited during times of war if it can be proved that the speech limits the government’s ability to conduct its war policies

Speech can be limited if it obscene or if the speech creates a threat to an individual or group

The supreme court has ruled that the 1 st amendment spplies to the states through selective incorporation

49. FREE SPEECH PRINCIPLES

In Gitlow v. NY (1925), Gitlow was a socialist who advocated through speech and pamphlets strikes and other civil actions that would accomplish his goals. NY State had an antianarchy law and Gitlow was arrested and convicted for his actions.

The Supreme Court upheld his conviction, creating a “dangerous tendency” test, and in its decisions ruled that the 1st amendment applied to the states by virtue of the due process clause of the 14 th amendment. This was the fi rst time selective incorporation was used by the court.

In Chaplinksy v. New Hampshire (1925), Chaplinsky called a city offi cial “a damned fascist” in a public place. He was arrested for violating a breach of the peace

The Supreme court upheld his conviction and in its ruling established the “fighting words doctrine” – words that can infl ict injury or cause a breach of the peace can be regulated

50. GITLOW V. NEW YORK & CHAPLINSKY V. NEW HAMPSHIRE

Facts: Schenck mailed flyers to potential draftees urging them to defy the draft during WW1. He traveled around the country speaking out against the war and urged people to oppose the draft

Issue: The US government accused Schenck of violating the Espionage Act, which makes insubordination and draft resistance illegal. Were Schenck’s actions a violation of his 1st amendment right of free expression and free speech?

Decision and Significance: The Supreme Court upheld Schenck’s conviction. Justice Holmes equated Schenck’s actions to yelling in fi re in a darkened movie theater. The court ruled that Schenck created a “clear and present danger” by advocating his position

This doctrine gives the government the right to prosecute individuals who through expressive or symbolic speech create a “clear and present danger”

51. SCHENCK V. UNITED STATES

Facts: Mary Beth Tinker was suspended from school for wearing a black armband protesting the Vietnam War

Issue: Whether the ptotest represented symbolic speech under the 1st Amendment

Decision: The court ruled that the suspension was unjustified and that the black armband represented symbolic speech that was protected under the 1 st amendment. The court states that students rights “do not stop at the schoolhouse gates” but also recognized that schools had the right to intervene if there was a “material and substantial” disruption of the school environment

Significance: this was the fi rst in a number of cases that raised the issue of whether students attending public schools were protected by the Bill of rights

52. TINKER V. DES MOINES

Facts: Gregory Lee Johnson was arrested for burning a US flag protesting Reagan’s policies and his nomination for a second term outside the Republican National Convention in Dallas. He was accused and convicted of breaking a law that prohibited the “desecration of a venerated object”

Issue: Whether Johnson’s protest represented symbolic speech under the 1 st amendment

Decision: The court ruled 5-4 that burning the flag for the purpose of political protest was symbolic speech and constitutional

Significance: Congress failed to pass a constitutional amendment banning flag burning after a national law that prohibited flag burning also was ruled unconstitutional

53. TEXAS V. JOHNSON

The fi rst amendment guarantee of a free press deals with the written word and whether there can be legitimate limitations placed on it by the govt.

One issue that is raised is whether the government can censor the press during a time of war

A second issue is whether the press can be censored as a result of the use of obscenities

A third issue is to what extent an individual is protected from the abuses of a free press. Libel is defined as the defamation of an individual’s character by the written word

54. FREE PRESS PRINCIPLES

John peter zenger, a journalist writing for the New york gazette, was highly critical of NY governor william cosby and wrote stinging editorials denouncing the governor

Governor cosby accused zenger of “seditious libel” and brought zenger to trial

Alexander Hamilton defended zenger and a jury found zenger not guilty

As a result of his trial, a foundation was laid that a press can operate freely and openly if it meant public offi cials were criticized

55. JOHN PETER ZENGER TRIAL

Facts: Daniel Ellsberg leaked a secret Pentagon study of the Vietnam War that was published by the NY Times and Washington Post. President Richard Nixon obtained an injunction against both papers that forced the papers to stop publication of the material. Nixon claimed that the release of the Pentagon Papers would hurt national security during the Vietnam War

Issue: Whether the publication of the Pentagon Papers was protected by the 1st amendment’s free press clause

Decision and significance: The court ruled that the New York Times and Washington Post had the right to publish the Pentagon Papers and that the government misused its authority of “prior restraint” when it asked the courts to censor the publications

56. NY TIMES V. US (PENTAGON PAPERS)

The right of people to gather in places and express their point of view without government interference

The right of people to freely associate with groups they choose

The right to petition government offi cials for policies they want

Assembly and association rights must be balanced with the time, manner, place, and nature of assembly

Issues such as whether individuals can freely associate with the Communist Party (yes); whether Nazi Party can march in Skokie, Illinois (yes); and where individuals can demonstrate peaceably on public property (yes) have been decided in courts

57. ASSEMBLY AND PETITION OF GRIEVANCES PRINCIPLES

The second Amendment’s original intent was to guarantee the rights of states to maintain an armed militia

The amendment has been interpreted as the people’s right to bear arms

The National Rifle Association (NRA) has been the primary special-interest group advocating gun rights and opposing gun control

Issues such as gun control legislation including a ban on assault weapons, a waiting period for gun purchases, and regulation of gun shows have been dealt with by Congress

The 3 rd Amendment’s ban on quartering soldiers was included in the Constitution as a result of British troops saying in the colonist’s homes without permission during Revolutionary War

Union troops occupied sotherners’ homes during the Civil War

58. SECOND AND THIRD AMENDMENTS

District of Columbia v. Heller was the fi rst federal case since 1939 that ruled on the question of whether the Second Amendment’s guarantee of the right to bear arms constitutionally protected individuals

The case challenged a Washington, D.C., gun control law that banned guns in the district and required any legal guns to be unloaded

The court ruled 5-4 that the law was unconstitutional and the Second Amendment’s guarantee of the right to bear arms was protected by federal laws

In McDonald v. Chicago, the court ruled that Chicago’s law that banned most handguns was also unconstitutional. This extended the Second Amendments right to bear arms to state laws

The court also ruled that the federal government and states could still pass gun control legislation such as outlawing certain types of weapons and ammunition.

59. DISTRICT OF COLUMBIA V. HELLER AND MCDONALD V.

CHICAGO

The Fourth Amendment deals with privacy rights even though the word “privacy” is not found in the amendment

The clause “the right of people to be secure in their persons, houses, papers…” is the basis of the privacy right

A search warrant is necessary if there is probably cause in order for the police to obtain evidence against an individual

The Fourth Amendment is also the fi rst due process that is included as part of the Bill of Rights. Police must follow the dictates of this amendment in gathering evidence against an individual

60. FOURTH AMENDMENT

Federal and state governments have attempted to define a broad manner the rights of law offi cials to obtain evidence

“Probable cause” has come under close scrutiny by the courts. In cases related to students attending public schools, reasonable suspicion is the criterion for a search

The Fourth Amendment’s protections have been applied to the states through selective incorporation

Courts have found exceptions to the “probable cause” standard. The police can obtain evidence if it in “plain view” or if the evidence was obtained as a result of an emergency

Issues such as abortion and extent the government can use warrantless wiretaps raise privacy issues

61. FOURTH AMENDMENT PRINCIPLES

Wolf v. colorodo was a key incorporation case that made the 4 th amendment applicable to the states through the due process clause of the 14 th amendment. The decision allowed illegally obtained evidence to be used in state courts

Mapp v. ohio overturned wolf v. coloradoFacts: Dolree Mapp accused police of obtaining

evidence used against her without a valid search warrant

Issue: Whether illegally obtained evidence can be used in trial

Decision and Significance: Mapp v. ohio established the exclusionary rule: if the police obtained evidence wihtout a valid search warrant it would not be admissible in court; characterized illegal evidence as “fruit of the poisonous tree”

62. WOLF V. COLORADO & MAPP V. OHIO

Facts: Griswold, the executive director of Planned Parenthood of Connecticut, was convicted for violating a Connecticut law that made it illegal to give information to married couples regarding birth control

Issue: Whether Connecticut’s law violated the 4 th amendment’s right to be “secure in their persons” as a result of the counseling that was done

Decision and significance: The Supreme court ruled that the law prohibiting obtaining information about birth control was illegal under the 4 th amendment. The court ruled that there was an inferred privacy right given to people in the 4 th amendment.

63. GRISWOLD V. CONNECTICUT

Facts: Norma McCorvey, using Roe as a pseudonym, violated Texas state law that banned all abortions

Issue: Did Texas state law violate a woman’s right to privacy that was established in Griswold v. Connecticut?

Decision and significance: the supreme court ruled that women had the constitutional right under the 14 th amendment to an abortion. The court determined that in the fi rst trimester women had the right to abortion on demand. During the second trimester, the state could place restrictions on abortions, and during the 3 rd trimester more restrictions could be placed on a woman’s decision to have an abortion

Future decisions by the Court gave the state even more authority to place restrictions on abortions. Congress also passed a law that banned a procedure called “partial birth abortions,” and the Supreme Court upheld that law

64. ROE V. WADE

Facts: Pennsylvania law required that women seeking abortions had to wait 24 hours, that minors had to get consent from their parents, and that a married woman had to notify her husband if she was going to have an abortion

Issues: whether the law violated the 14 th amendment and whether Roe v. Wade should be overturned

Decision and significance: the Court upheld the 24-hour waiting period and parental approval (with judicial bypass if challenged) but struck down spousal approval

Roe v. wade was upheld and the Casey case became the precedent for future cases dealing with this issue

65. PLANNED PARENTHOOD V. CASEY

Both cases dealt with privacy issues established in the 4 th amendment

In NJ v. T.L.O. a 14-yr old minor was accused of violating a school policy that prohibited smoking in the bathrooms. The principal searched her pocketbook for evidence without a search warrant and found illegal drug paraphernalia.

The supreme court ruled that the principal had the authority to conduct the search without a warrant because there was a reasonable suspicion

In vernonia school district v. acton, the school district imposed a random drug test for all school athletes

The supreme court ruled that the school did not violate the privacy rights of the students. A future case extended the school’s right to randomly drug test any student who was involved in an extracurricular activity.

66. NEW JERSEY V. T.L.O & VERNONIA SCHOOL DISTRICT V.

ACTON

Originally passed by Congress in response to the terrorism attacks carried out on 9/11; it was reauthorized in 2006

The act has provisions that expand the government’s role in dealing with domestic terrorism including surveillance and wiretapping

Gives the government the rights to conduct secret searches and phone and Internet surveillance as well as access to private records if there is evidence of possible terrorist activity

Permits the imprisonment of noncitizens without due process if there is evidence they are involved in terrorist plots

Raises the issue of whether the 4 th amendment’s protections can be diminished in the name of national security

67. PATRIOT ACT

Establishes individual procedural rightsThese rights include

An indictment obtained by the police that charges a person with a crime

A protection against double jeopardy (being tried for the same crime twice)

The right of an individual not to testify against himself, also called “taking the 5 th”

The guarantee of due process before a person’s life, liberty, or property can be taken

Just compensation by the government if property is taken from an individual called eminent domain

68. FIFTH AMENDMENT

Due process established in the Constitution through habeas corpus protection. Habeas corpus is Latin for “presenting the body.” Its application to the law is that an individual cannot be detained without being charged with a crime

Habeas corpus can be suspended by Congress during war

Habeas corpus rights also guarantee individuals the right to appeal a conviction

Due process guarantees that an individual is protected from unfair treatment by the government from arrest through conviction

The 6 th, 7 th, and 8 th Amendments to the Constitution give individuals protections related to obtaining a lawyer, the trial process, and the sentencing if a person is found guilty

69. DUE PROCESS PRINCIPLES

Facts: ernesto miranda was charged and convicted of rape and kidnapping. During his interrogation he was not told what the consequences would be if he answered questions. He was never told he could as for a lawyer during the questioning. Ultimately he signed a confession.

Issue: whether Miranda’s due process rights were violated as a result of the interrogation techniques used by the police

Decision and significance: the court in a landmark decision ruled that Miranda’s confession was illegally obtained. It also ruled that the police had to inform an individual at the time of arrest the rights from the 5 th amendment including the right to remain silent, that anything said could be used in court, that there is a right to consult with a lawyer, and a lawyer will be provided if the accused could not aff ord one.

70. MIRANDA V. ARIZONA

Gives the individual the protections guaranteed during a trial: 1. a speedy and public trial by an impartial jury The trial taking place in the geographic location where the

crime was committed The court informing the accused of the nature of the

charges The accused having the right to confront witnesses The right of the accused to call witness for the defense The right of the accused to obtain a lawyer

71. SIXTH AMENDMENT

Facts: earl gideon was accused and convicted of robbery, a felony under florida law. He could not aff ord a lawyer and was forced to defend himself.

Issue: whether gideon’s 5 th amendment due process rights and 6 th amendment right of assistance of counsel were violated

Decision: the court ruled that florida had to provide Gideon with an attorney. While in prison gideon did legal research and submitted to the Supreme court a “pauper’s brief,” an appeal written by a person who could not aff ord a lawyer

Significance: as a result of this case, the accused were guaranteed the right to an attorney

72. GIDEON V. WAINWRIGHT

The seventh amendment guarantees the right of trial by jury for civil trials

The 7 th amendment has not been applied to the states through selective incorporation

The 8 th amendment establishes bail procedures giving the accused the right to post bail that is based on the nature of the crime and the history of the accused

The 8 th amendment also protects the accused against “cruel and unusual punishment”

Death penalty cases dealing with when the death penalty can be imposed and whether the death penalty represents cruel and unusual punishment have been brought before the courts

73. SEVENTH AND EIGHTH AMENDMENTS

Facts: Toney Gregg was convicted of armed robbery and murder and sentenced to death by a Georgia jury. Georgia’s death penalty was previously ruled unconstitutional by the Supreme Court in Furman v. Georgia in 1972

Issue: Whether the death penalty was cruel and unusual punishment and whether the jury process followed the procedures set forth by the Furman decision

Decision and significance: the Court ruled that the death penalty did not represent cruel and unusual punishment. It also declared that the jury procedure that imposed the sentence was constitutional because the trial and sentencing were conducted separately

74. GREGG V. GEORGIA

The ninth amendment guarantees that those undefined rights not listed anywhere in the Constitution cannot be taken away from the people

Even though the right to privacy is not listed right found in the Bill of Rights, the 9 th amendment protects that fundamental right

Issues such as “the right to die,” either by euthanasia or assisted suicide, and abortion have been brought before the courts

75. NINTH AMENMDMENT

Nancy Beth Cruzan was left in a coma after a car accident and was diagnosed by physicians as being in a “persistent vegetative state.” Cruzan’s parents wanted the hospital to stop life support and the hospital refused

Issue: did the 9 th amendment give Cruzan the “right to die”?

Decision and significance: because there was no evidence that cruzan would have chosen to end her life, the court ruled that the hospital had the authority to continue treatment. However, the supreme court declared that if any individual signed a “living will,” the hospital would have to respect the individual’s choice to end life support

In a related case, the Supreme court ruled that doctor-assisted suicide is not a protected right. However, oregon voters using the initiative process approved assisted suicide for its residence.

76. CRUZAN V. MISSOURI DEPARTMENT OF HEALTH

The 10 th amendment codifies the definition of federalism- delegated powers are given to the federal government and those powers not denied to the states are reserved to the states and the people

Delegated powers are those defined by Article 1 of the Constitution. Powers denied to the states are those powers specifically given to the federal government such as the congress’s power to declare war

Reserved powers are those powers not listed in the constitution such as authority of the states to pass laws in such areas as education, general health, and welfare

77. TENTH AMENDMENT

In march 2010, president barack obama signed into law the aff ordable health care act that required people who did not have health care to purchase it. This was called the individual mandate. The law soon became known as “obamacare”.

Soon after the law was signed over 20 states attorneys’ generals brought the law to the courts challenging the constitutionality of the individual mandate

After diff erent federal appeals courts ruled that the mandate was constitutional and unconstitutional, the supreme court merged three cases

The court in a 5-4 decision ruled that the individual mandate was constitutional. Chief justice john roberts was the deciding vote and wrote that the mandate was a form of a tax and that Congress had the power to implement the law by imposing a penalty to those who do not pay for health insurance

78. NATIONAL FEDERATION OF INDEPENDENT BUSINESSES ET AL.

V. SIBELIUS

The eleventh amendment establishes state sovereignty, protecting states from lawsuits against them from citizens of their own state, citizens from other states, or other states or foreign countries

Congressional laws such as americans with disabilities act and the violence against women act as well as state public employee laws and issues raised by Native american tribes against states have been decided by the supreme court

In many cases, specific provisions of laws have been struck down because individuals have attempted to sue states. The court ruled that the state sovereignty provisions of the 11 th amendment protects the state against these lawsuits

79. ELEVENTH AMENDMENT

These three were amendments adopted as a result of the Civil War

The 13 th amendment abolishes slaveryThe 14 th amendment defines citizenship, forbids the

state from denying its citizens the rights guaranteed by the Constitution, equal protection under the law, and due process of life, liberty, and property

The 15 th amendment gives the right to vote to former slaves and prohibits the states from denying the right to vote based on race

80. THIRTEENTH, FOURTEENTH, AND FIFTEENTH AMENDMENTS

Original intent of the 14 th amendment was to provide equal protection for the feed slaves and give Congress the ability to pass legislation to support this goal

Congress passed Civil Rights Act of 1975, which prohibited discrimination in public accommodations. The Supreme court ruled that this legislation was unconstitutional.

States passed black codes and jim crow laws establishing segregation doctrine for former slaves

The 14 th amendment protections were extended to non-citizen immigrants in the 1880s

The 14 th amendment due process provisions were not applied to the states until the 1920s through the process of selective incorporation

81. FOURTEENTH AMENDMENT PRINCIPLES

Selective incorporation is defined as the supreme court using the due process clause of the Fourteenth Amendment to apply the Bill of Rights to the states

The court interpreted that only the “fundamental” rights of the Bill of Rights would apply to the states

Gitlow v. New York was the fi rst case the Supreme court decided that applied the 1 st amendment to the states

Wolf v. colorodo applied the 4 th amendment to the states

Mapp v ohio, gideon v. wainwright, and miranda v. arizona further extended the Bill of Rights to the states by guranteeing specific rights

82. SELECTIVE INCORPORATION OF THE BILL OF RIGHTS

Facts: dred scott was a slave who was taken to a free state that was made free as a result of the Missouri Compromise. He claimed that he was no longer a slave as a result of the fact he lived in a free state.

Issue: whether scott was a slave because he was living in a free territory

Decision and significance: roger taney, writing the majority decision, ruled that scott was a slave because he did not enjoy protections guaranteed to citizens in article III of the constitution and that slaves were property

The court also ruled that the Missouri compromise was unconstitutional. This ruling became a catalyst for the start of the civil war.

83. DRED SCOTT V. SANFORD

Facts: homer plessy challenge a louisiana state law that banned blacks from the fi rst-class section in a train. Even though Plessy had only “10% African American ancestry, he was denied a fi rst-class ticket

Issue: whether the 14 th amendment’s equal protection clause made louisiana’s law unconstitutional

The Supreme Court ruled that the law was valid because the law did not violate the equal protection clause since louisiana was providing separate but equal accommodations

The significance of this decision was the the “separate but equal” doctrine became the acceptable treatment for African-Americans

84. PLESSY V. FERGUSON

African Americans had to fight segregation resulting from jim crow laws and the supreme court decision in plessy v. ferguson

The equal protection clause of the 14 th amendment was the constitutional argument used in court cases

President truman sent a signal that segregation was wrong when he ordered the army to integrate in 1948

The 1950s saw african americans participate in civil disobedience. The supreme court changed the course of the civil rights movement in the landmark case brown v. the board of education in 1954. rosa parks refused to sit In the back of a bus in 1955, an act of defiance that triggered the civil rights movement

Congress responded to the call by the reverend martin luther king jr. at the 1963 march on washington by passing the historic civil rights act of 1964 and the voting rights act of 1965

85. CIVIL RIGHTS FOR AFRICAN-AMERICANS

Facts: linda brown was refused admission to an all-white school because the topeka board of education made the case that the school she was attending had separate but equal facilities. Thurgood marshall, a lawyer for the NAACP (National association for the advancement of colored people) argued the case for brown

Issue: whether topeka’s segregation policies violated the 14 th amendment’s equal protection clause

Decision: In a landmark unanimous decision, the supreme court ruled that “separate but equal was inherently unequal.” It ordered an end to school segregation “with all deliberate speed”

Signifi cance: even though the court ordered an end to school segregation, the change to integration took decades.

86. BROWN V. BOARD OF EDUCATION OF TOPEKA, KANSAS

De facto segregation is segregation of schools, housing, and other facilities through circumstance not as a result of law

De facto segregation is not illegal. However, congress passed legislation such as the civil rights act of 1964and the courts have made rulings that made aspects of this practice illegal

De jure segregation is segregation resulting from laws passed by state governments such as jim crow laws and decisions made by the supreme court such as plessy v. ferguson

De jure segregation is illegal as a result of laws passed by congress and court decisions

87. DE FACTO AND DE JURE SEGREGATION

Became the main spokesperson for the civil rights movement in the 1950s and 1960s, advocating civil disobedience as the means to achieve the goals

Led by montgomery bus boycott in 1955Founded the southern christian leadership conference

in 1957; named the fi rst president of the conferenceLed the march on Washignton in 1963 and gave the

famous “I have a dream” speech before hundred of thousands of marchers

Named the winner of the nobel peace prize in 1964Led a voting rights demonstration in selma, alabama,

in 1965Was assassinated in 1968 in memphis, tennessee by

james earl ray

88. MARTIN LUTHER KING JR.

Sent to congress by john f. kennedy after the march on washington

Signed into law by lyndon johnson after a senate fi libuster

Made discrimination in public accommodations such hotels and restaurants illegal based on race, religion, and national origin

Made discrimination in employment illegal based on race, religion, or national origin

Created the equal opportunity commission (EEOC) that had the responsibility of reporting and investigating complaints of job discrimination

Title VII of the act made discrimination against women illegal

89. CIVIL RIGHTS ACT OF 1964

Facts: the Heart of Atlanta Motel was located just off an interstate highway running through Atlanta. The motel owner refused to abide by the provisions of the Civil Rights Act of 1964 and would not allow African American patrons

Issue: Whether the Congress had the authority to pass the Civil Rights Act of 1964 by using the elastic clause of the Constitution that expanded the interpretation of interstate commerce

Decision: the supreme court ruled that the motel owner violated the civil rights act of 1964 and that the act itself was constitutional

Significance: the court in its decision upheld the act on the basis of Congress’s authority to regulate interstate commerce- “in relation to the interstate flow of goods and people”

90. HEART OF ATLANTA MOTEL V. UNITED STATES

Southern states had passed laws such as poll taxes and literacy tests that resulted in minorities not being able to vote

In 1964 there were almost three million African Americans who were not registered to vote in 11 southern states

The 24 th amendment to the US constitution banned all poll taxes in federal primary and general elections

As a result of this amendment, Congress began its oversight into attempts to block African Americans from voting

91. TWENTY-FOURTH AMENDMENT

Gave the attorney general the power to determine which states were in violation of discriminating against African american voters

If a state had fewer than half the eligible voters registered, the attorney general could send in federal offi cials to facilitate voter registration

As a result of this act, african american voter registration more than doubled in the south in the fi rst five years of the act

The act was challenged in 2012 and one section requiring pre-approval was ruled unconstitutional

The acts provisions were used to challenge “majority-minority” redistricting that resulted when state legislatures drew congressional districts that were gerrymandered in favor of minority groups

92. VOTING RIGHTS ACT OF 1965

Equal opportunity act of 1964 gave funding for education and work training to fight poverty; part of President Johnson’s Great Society program

The Fair Housing Act of 1968 banned discrimination in housing based on race

The Civil Rights Act of 1991 strengthened the Civil Rights Act of 1964 by providing damages to individuals employed who were intentionally discriminated against

The Disaster Relief and Emergency Assistance Act of 1988 bans discrimination in federal funding in relief operations

93. KEY CIVIL RIGHTS LEGISLATION

Affi rmative action is giving equal opportunity to individuals to attend schools, obtain employment, and housing that were denied as a result of race.

The theory behind affi rmative action programs is that the government is creating a level playing field and making up for pas inequalities

A goal of affi rmative action programs is the creation of diversity in society

Affi rmative action programs can be race-based but cannot utilize quotas to achieve its goals

Originally, affi rmative action programs were aimed at African americans but they were later expanded to include other minority groups

94. AFFIRMATIVE ACTION

Facts: Alan Bakke, a white student, applied to admission in the University of California’s medical school. His scores on the admission tests were not high enough to get admitted but higher than the standard used by the school to accept a quota of minority students. Bakke claimed that there was a reverse discrimination.

Issue: whether the 14 th amendment’s equal protection clause applied to Bakke even though he was not a part of a minority. Whether the practice of setting aside 18% of its seats for minority students was constitutional

Decision and significance: the supreme court ruled that bakke should have been admitted to the school. The court also decided that quotas were unconstitutional but that race could be used as a factor for admission to colleges and universities

95. REGENTS OF UNIVERSITY OF CALIFORNIA V. BAKKE

City of richmond v. J.A. Croson Co. struck down a Richmond, Virginia affi rmative action program because the state did not show a “compelling interest” in creating one

Metro Broadcasint Inc v. FCC upheld FCC’s decision to award a broadcasting license to a minority group in order to create diversity

Gratz v. Bollinger, Grutter v. Bollinger … the court upheld the Bakke principle of race-based affi rmative action by striking down the undergraduate admissions program at the university of Michigan undergraduate school in Gratz and upholding the graduate program at the university of Michigan law school

In Fisher v. University of Texas, the supreme court ruled that the Texas affi rmative action program was unconstitutional but still allowed race to be used as a factor in affi rmative action programs

96. KEY AFFIRMATIVE ACTION SUPREME COURT DECISIONS

Women were not originally given political equality in the US constitution

In 1848, at the Seneca Falls Convention, Elizabeth Cade Stanton led the fight for political suff rage through the Declaration of Sentiments and Resolutions

The 19 th amendment gave women the right to voteWomen achieved more equality in the workplace during

WWII as illustrated by the “Rosie the Riveter” posterEqual pay has been ongoing struggle for women

attempting to break through what has been called “the glass ceiling”

The ratification of the Equal Rights Amendment to the Constitution Failed

Congress passed Title IX of the Education Act of 1972, creating equity in federally funded education programs and the Equal pay act of 1973

97. CIVIL RIGHTS FOR WOMEN

The 19 th amendment, passed in 1920, gives women the right to vote and gives Congress the authority to pass legislation to enforce this

Women have become a major voting block since they received the right to vote. More women than men vote in presidential elections

There has been a “gender gap” in the support of presidential candidates with more women than men supporting Democratic candidates

Female candidates for political offi ce have also increased since 1920 with a dramatic increase taking place in 1992 and 2012

98. NINETEENTH AMENDMENT

The Amendment’s goal was to establish a constitutional guarantee of equality for women similar to the original intent of the 14 th amendments equal protection that gave equality to African americans

The house passed the amendment in 1971 and the Senate ratified it in 1972. It was then sent to the state legislatures where the amendment needed three-fourths of the states to pass It by 1982.

The national organization of Women (NOW) was one of the primary special interest groups urging adoption

Opponents claimed that the amendment was unnecessary because the 14 th amendment had provisions that gave equal protection to citizens

The equal rights amendment failed by three states

99. EQUAL RIGHTS AMENDMENTS

Act provided that there could not be discrimination based on gender in any federally funded program

As a result of Title IX there became a parity between mend and women in high school and college athletic and curricular programs

School systems had to appoint a Title IX coordinator to ensure enforcement of the regulations

School systems had to conduct a self-evaluation and correct any inequities that existed in their programs

Due to Title IX, there have been major advances made by women in athletics and achieving higher-educational degrees

100. TITLE IX OF THE EDUCATION AMENDMENTS OF 1972

“Breaking the glass ceiling” refers to women and minorities being able to break through what are considered unoffi cial barriers in business, the workplace, politics, and society

Historically, women have not been given positions such as chief executive offi cers. They have not been given positions on boards of directors and have earned less money than men working in the same job

Over the past 20 years there have been major gains made by women as corporate offi cers, business owners, and elective offi ce holders

101. GLASS CEILING

The virginia military institute (VMI), a state supported school receiving federal funds, had a male only admission policy. The US, on behalf of women applicants, brought suit against Virginia because women were forced to attend an all-female school, the Virginia Women’s institute for leadership.

Issue: Did VMI’s admission policy violate the 14 th amendment’s equal protection clause?

Decision: Ruth Bader Ginsburg wrote the majority decision ruling that the school’s female policy was discriminatory and that VMI had to accept women to their school

Significance: The decision further broadened the 14 th Amendment’s equal protection clause

102. UNITED STATES V. VIRGINIA

People having disabilities make up 20% of the american population

They include people having physical, mental, and emotional disabilities

The GI Bill of Rights (1944) and the Education of All Handicapped Children Act (1975), now called the individuals with disabilities education act, provided protection for returning soldiers with disabilities and children with disabilities attending schools

The landmark americans with disabilities act (1990) had 63 Senate cosponsors including wounded veterans, bob dole, john kerry, and john mccain

103. CIVIL RIGHTS FOR PEOPLE WITH DISABILITIES

Defined disability as “a physical or mental impairment that substantially limits one or more major life activities”

Required employees, schools, transportation systems, public buildings to reasonably accommodate the physical needs of individuals with disabilities by providing such things as ramps, elevators, and other appropriate accommodations

Made it illegal for employers to discriminate against the handicapped requiring employers to protect the rights of the disabled by providing accommodations for those workers

The equal opportunity commission enforces the lawLaw has generated litigation (lawsuits) against

employers and municipalities regarding what accommodations must be made to the disabled

States have had to provide funding to make public accommodations available.

104. AMERICANS WITH DISABILITIES ACT

Gay americans have fought for equal protection under the law through legislation in Congress and state legislatures and through court fights and they have been elected to state and national offi ces

Bowers v. hardwick, declared that sodomy laws in states were constitutional. This case was reversed in 2003 (lawrence v. texas), providing a victory for gay rights

Congress passed the defence of marriage act (1996), which made it illegal for states to recognize the legality of same-sex marriages. Massachusetts became the fi rst state to legalize same-sex marriages in 2003. thirteen states and the discrict of columbia have legalized same-sex marriage

Thirty-seven states have banned same-sex marriagesThe supreme court has ruled that boy scouts of america

can bar homosexuals as scout leaders but the boy scout made a policy allowing gays to join the boy scouts

105. CIVIL RIGHTS FOR GAY AMERICANS

President clinton recommended this policy in 1993. it was adopted by the congress and regulations were written by the department of defense in 1993.

Servicemen and women could be discharged from the military on the basis of being gay only if they made a statement that were lesbian or gay, engaged in physical contact with someone of the same sex, or married or attempted to marry someone of the same sex

Over 9000 servicemen and women have been discharged as a result of this policy

The policy was repealed (reversal of the law) in 2010

106. “DON’T ASK, DON’T TELL” MILITARY POLICY

The defense of marriage act (aka DOMA) was signed into law by president clinton

The act defi nes marriage as an act as “only a legal union between one man and one woman as a husband and wife”

The law also allows states not to recognize same-sex marriages performed legally in own states

The law also prohibits same-sex couples who are legally married or are recognized as a couple as a result of a civil union from collecting any federal benefi ts that married couples get such as not being able to leave a spouse an inheritance being subject to estate tax regulations and not being able to fi le joint federal income taxes

The law was challenged and the supreme court agreed to hear the case in 2013 and ruled in the case of Windsor v. US that the section denying federal benefi ts to legally married same-sex couples was unconstitutional, thus enabling legally married gay couples to receive over 1000 federal benefi ts

107. DEFENSE OF MARRIAGE ACT

37 states have same sex marriage restrictions ranging from no recognition of legally married same sex couples to state constitution provisions prohibiting same sex marriage

11 states plus the district of Columbia have made same sex marriage legal through court decisions, laws, and popular initiatives

In 2008, the California Supreme court ruled that same-sex marriage was legal. In november 2008, the voters passed a referendum, proposition 8 that nullifi ed the law. The California supreme court and federal appeals courts ruled that the proposition violated the equal protection clause of the 14 th amendment

The US supreme court agreed to hear the case as well as a case challenging the legality of the defense of marriage act of 2013

The court ruled that the California courts ruling that proposition 8 was unconstitutional was affi rmed by the supreme court, and the court ruled that the section of defense of marriage act that prevented legally married same-sex couples from receiving federal benefi ts was unconstitutional.

108. LEGAL BASIS OF SAME-SEX MARRIAGE

The bureau of indian aff airs is the watchdog agency making sure that legislative benefits are administered to native americans

Native american tribes are recognized as independent nations

Native americans living on reservations are immune from state and federal laws

Militant leader russell means fought for the rights of native americans and he became a director of the american indian movement (AIM) in 1970

Some native americans have found financial success as a result of states granting them the right to open and operate casinos as a result of court decisions regarding land claims

109. CIVIL RIGHTS FOR NATIVE AMERICANS

Hispanics represent the largest growing minority group in the US. By 2050 the hispanic population is expected to be almost 30% of the total population.

There are significant number of hispanic representatives in state legislatures and congress. There have been hispanics elected as mayors and governors and in 2008 bill richardson, governor of new mexico, ran for the democratic nomination for president

Cesar chavez was a mexican-american activist who organized a strike in 1965 by the United farm workers on behalf of migrant workers against california farmers

Hispanic leaders have fought for the rights of undocumented immigrants and for a path to citizenship for them

110. CIVIL RIGHTS FOR HISPANIC-AMERICANS

Senior citizens make up 12% of the entire population as of 2004. by 2050 that percentage is expected to almost double as people live longer.

Senior citizens rely on the american association of retired persons (aarp) to lobby for their interests

Acts banning age discrimination were passed by congress in 1967 and 1978. there are also provisions in civil rights act prohibiting age discrimination

Supreme court cases such as tinker v. des moines established that rights for young people do not stop at the schoolhouse door

Other supreme court cases such as havelwood v. kuhlmeier, giving administrators the right to censor school-sponsored publications; bethel school district v. fraser, giving school offi cials the right to censor speech, and discipline students as a result of speech, and new jersey v. T.L.O., which establishes “reasonable suspicion” as the standard for searching students.

111. CIVIL RIGHTS FOR YOUNG PEOPLE AND SENIOR CITIZENS