#apgap notes

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feminism

1920- 19th ammendment

1960s- ending inequality, the feminine mystique, sexual harassment, violence

NOW - national organization for women

title 9- prohibits sex discrimination in schools receiving federal aid

section 9.4- equal rights amendment- passed by congress, failed by states

strict scrutiny- govt has to show a compelling interest to justify unequal treatment

rational basis standard- differential treatment must be shown to be reasonable and not arbitrary

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brown v board of education

oliver brown tried to enroll his daughter, Linda, in an all-white elementary school closer to their house. they were denied

issue: does segregation in public education violate 14th amendment equal protection clause

decision: YES segregation based on race does violate the equal protection clause bc it causes a sense of inferiority in African American children- ends separate but equal

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brown v board of education

dred scott v sandford (1857)- ruled slaves are not citizens- deprived of natural rights

emancipation proclamation issued during the war- freed slaves

changed the war because it got escaped slaves to join union army

southern states pass black codes after war

meant to restrict social rights and economic opportunity of freedom

amendments- 13 (prohibit slavery), 15 (granted voting to AA men)

14th- citz to all born in the states, due process clause, equal protection clause- protect civil rights

jim crow laws - enforced segregation

poll taxes, literacy tests, economic intimidation, violence

1896- plessy v furgusson- 7/8 caucasion - arrested and fined for violating state law abt separate cars--- separate but equal

thurgood marshall and the NAACP challenge legal segregation

legal segregation- De Jure- same thing

use the school system to challenge segregation in education

lawsuits were only opportunity to change policy in southern states

de facto segregation- implied/ systematic-white flight

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constitution provided some protection to those accused an convicted of crimes-

ex post facto- criminalize conduct that was legal when it occurred

bills of attainder- law passed by congress punishing an individual without a trial

habeus corpus- setting out reasons for an arrest or detention

procedural sue process- judicial standard req, fairness be applied individually

4th -- search warrent- mapp v ohio- wrongly obtained inadmissable

not absolute- plain sight

5th-

grand jury- group of citz who decide whether or not a person should be indicted on criminal charges and subsequently tried in court

double jeopardy

miranda v arizona 1966 est miranda rights-rights must be stated

-pleading the 5th- self incrimination

6th

speedy fair trial w impartial jury

gideon v wainright - florida denied his request for attonrney, he defended himself, loses case, appeals- says they violate 6th ammendment right and scotus agrees w him

8th

excusive bail

cruel and unusual punishment

certain methods of death penalty

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freedom of expression- fundamental 1st amendment right

criticizing those in power is a cornerstone of american civil liberties

the right to publish, speak, and assemble comes without fear of retribution or imprisonment

how do govts balance the needs of national security with the fundamental rights of political expression

in times of war free speech can be suppressed

Schenck vs united states- espionage act-

Schenck posted leaflets encouraging young men to avoid the draft , issue of national security- if serious threat to national security ur 1st amendment rights don't count

prior restraint- supression of material prior to publication on the grounds that it might endanger national security

New York Times v U.S. - pentagon papers, Nixon tried to stop them from publishing the classified papers , The first amendment DOES protect their ability to publish the material

SYMBOLIC SPEECH - images, signs, symbols.

Tinker v Des Moines- Independent community school district - black armband 2 class 2 protest war--non disruptive- both suspended for refusal to remove them- 1st amendment DOES cover symbolic speech

libel- untrue written statement that injures a persons reputation- illegal

hate speech- legal on its own

freedom of assembly

dejonge v oregon- communist convicted for commie meeting- ok

2nd ammendment- mcdonald v chicago- 2nd ammendment is fundamental right but reasonable restrictions are allowed

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establishment clause- protection against the government requiring citizens to join or support a religion

the free exercise clause- cannot stop u from practicing whatever religion you believe in - creates separation of church and state

Engel v Vitale> prayer in public school >NY school district began each day with a non-denominational prayer read over the pa> Does a school sponsored prayer violate est clause?> ruled YES - students do not have a choice in whether they wanna hear the prayer or not- captive audience

school officials may not encourage or discourage prayer but may participatewhen not in official capacity

lemon test- lemon v Kurtzman- outdated

wisconsin v yoder- amish parents challenged state of wisconsin cumpulsory school attendance law that required children to attend school till age 16> do cumpulsory school attendance laws violate the free exercise of the amish religion> YES ruled in favor of amish, special permission

cantwell c connecticut

tarkaso v watkins

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the bill of rights do not applly to the states - specifically protects citizens from fed govt

the bill of rights has been applies to the states over time on a case by case basis

the 14th amendment 1868 laid the foundation for the extending the protections of the bill of rights to state laws and actions

due process clause- no STATE can deny a person life limit or persuit of happoness without due process of law

there are limits to the states

Gitlow v new York (1925)> charged under NY anarchy law for criticising america during ww1 -- argues NY law violates rights of due process- court rules in favor of NY, but it started selective incorporation.

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civil liberties- fundamental rights and liberties protected from infringement by govt- protections from govt

civil rights- protections from discrimination as a member of particular group- protections for govt

constitution bill of rights- debate in 1787 over necessity of such a document

state govts had own version of constitution

certain protections placed in articles of the constitution

powerful argument of the antifederalists when a comprehensive list was not included in constitution

antifederalists argues a list of fundamental rights was necesarry protection against growth of central power

hamilton (fed) argued it was not a necessity, argued no list would be complete, leaving room for abuse, govt designed to protect individual rights

bill of rights added as separate doc 2 yrs later - james madison drafted 12 amendments, formally ratified 10 in 1971

1st 3 easy

4- search n seizure

5- double jeopardy/ self incrimination/ due process of law

6- speedy and public trial

7- trial by jury

8- cruel and unusual

9- rights not listed in constitution

10- state rights