Study Guide: Civil Liberties and Civil Rights

 

Date Due

Assignments

Fri., Feb. 27

1. Read the handout on incorporation doctrine and take margin notes.  This is an extremely important topic and you might have to read it a couple of times to master it. 

2. Read p. 495 – 500

3. Answer questions 1 – 2

Mon., Mar. 2

1. Read p. 508 – 511 (to “Crime and Due Process”)

2. Answer questions 3 – 4

3. Make flashcards on the cases we have gone over so far in this unit that have an asterisk by them.  Keep adding to your list.  On one side put the name of the case and the date.  On the other put a short summary of the facts involved and then describe the issues in question.  Indicate the decision and the implications of each decision.  Don’t make these on little scraps of paper, but use index cards or something sturdier than paper.  For the cases we haven’t discussed yet, you can prepare everything and leave space for the decision.

3. You should also start making flashcards for the important terms such as incorporation and preferential freedoms that have asterisks on the Study Guide

4. Research and start flashcards for Everson v. BOE, Lemon v. Kurtzman and Westside School District v. Mergens

Tues., Mar. 3

1. Research Reynolds v. United States and Employment Division v. Smith

2. Start researching which case you want to do for your paper. Check out the websites I gave you.

Weds., Mar. 4

1. Read p. 500 – 508

2. Answer questions 5 and 6

3. Research Schenck v. U. S. and  Tinker v. Des Moines

Thurs., Mar. 5

1. Read the handout on Freedom of Speech and Press and make margin notes.  Be prepared to state where you stand on these issues.

Fri., Mar. 6

1. Research D.C. v. Heller

2.Keep up with your flashcards

Mon., Mar. 9

1. Read the handout on Due Process and make summarizing notes in the margin

2. Read p. 511 – 518

3. Answer question 7

4. Research Mapp v. Ohio, Gideon v. Wainwright,  and Miranda v. Arizona

Tues., Mar. 10

Get started on the HW for the Wednesday; there’s a lot of it

Weds., Mar. 11

1. Read p. 521-537 AND 541 – 548 (skip p. 546-7)

2. Answer questions 1 – 9 from Chapter 19

3. Research Plessy v. Ferguson, Korematsu v. U.S., Brown v. BOE, and Regents of the University of California v. Bakke

Thurs., Mar. 12

1. Short quiz on the cases we’ve discussed up to this point.

Fri., Mar. 13

1. Read p. 537 – 541, 546-7, AND 548 – 549

2. Read through the handouts on the Right to Privacy and Abortion and take margin notes about the key issues.

3. Answer questions 10 – 13

4. Research Griswold v. Connecticut and Roe v. Wade

Tues., Mar. 17

1. Finish all your flashcards for the cases and terms with asterisks in this unit.  Bring them to class to be checked.

Weds., Mar. 18

1. Topic due for your Supreme Court Case Paper – type or neatly write the name of the case down on a piece of paper and summarize 2-3 arguments that you think you will be using to show why this case was decided improperly.  You will be turning this in.

Thurs., Mar. 19/Friday, Mar. 20

Test

Chapter 18: Reading Questions

 

1. Read the handout on incorporation doctrine and write a definition of incorporation clarifying the concept of incorporation in your own words as well as explaining the role of the 14th Amendment in incorporation.

2. What are the three reasons why the liberties claimed by some people become major issues?  Give one or two examples for each reason.

3. Explain briefly how the Supreme Court has interpreted the Free Exercise and Establishment clauses.

4. What are the difficulties in using the “wall of separation” principle?

5. List and explain the circumstances when the Supreme Court has ruled that freedom of speech may be limited.

6. Define the “clear-and-present-danger test,” libel, preferred position, prior restraint, imminent danger, and symbolic speech.  You may just want to put these straight onto your flashcards

7. Summarize the Supreme Court’s changing interpretations of how to protect both the due process rights of accused criminals and to preserve the safety of the community.  Define the exclusionary rule and the “good faith exception.”.

Chapter 18 – Civil Liberties

 

Terms to Know

 

1.

Civil Liberties

18.

“Clear and Present Danger”

35.

Slander

2.

McCarthyism

19.

“time, place, and manner” restrictions*

36.

Commercial speech

3.

Incorporation Doctrine*

20.

Symbolic Speech*

37.

Right to assemble

4.

Fourteenth Amendment

21.

“Hate Crime”

38.

Right to associate*

5.

Equal protection clause*

22.

Speech codes

39.

Search warrant

6.

Due process clause*

23.

Prior Restraint*

40.

Indictment*

7.

Selective Incorporation*

24.

Libel*

41.

Grand Jury*

8.

Preferred freedoms*

25.

“actual malice”

42.

Substantive due process*

9.

Establishment Clause*

26.

Obscenity

43.

Procedural due process

10.

Free Exercise Clause*

27.

“Community standards”

44.

Probable cause*

11.

Wall of Separation Principle

28.

“Prurient interests”

45.

Exclusionary rule*

12.

Lemon Test*

29.

Preferred position

46.

“fruit of the poison tree”

13.

Equal Access Act

30.

Imminent danger*

47.

“good faith” exception*

14.

Parochial Schools

31.

Neutrality and Clarity

48.

Miranda rights

15.

School Vouchers

32.

Least-restrictive means

49.

Capital Punishment

16.

Freedom of Expression*

33.
John Peter Zenger

50.

Self-incrimination*

17.

Oliver Wendell Holmes

34.
Pentagon Papers

51.

Patriot Act

 

Chapter 19: Reading Questions

 

1. What does the book say is the pertinent question regarding civil rights?

2. What were the strategies that black leaders followed in order to obtain civil rights? Once basic rights such as voting and integration had been obtained, what issues did civil rights leaders focus on?

3. Briefly outline the steps in the NAACP’s strategy in the fight against segregated schools and indicate the success they had in the courts and in implementing desegregation.

4. What was the issue concerning desegregation vs. integration?  How has this issue been resolved?

5. What were the four developments that made it possible to pass civil rights bills?

6. What accounts for the change in attitude in Congress towards civil rights issues from the 1960s to the present?

7. How has the Supreme Court changed in its attitudes towards equal rights for women from the early 20th century to today? What are the two standards the Court uses today to in considering sex discrimination cases?

8. What is the debate between those who support “equality of result” and those who support “equality of opportunity”?

9. What are the criteria that the Supreme Court has adapted in defining strict scrutiny of any law involving racial preferences?

10. Briefly summarize the highlights of the government’s response to abortion.

11. How did activists for the disabled manage to get The Americans with Disabilities Act passed? Briefly summarize what is included in the law and the objections that some have had to the law.

 

Chapter 19 – Civil Rights

 

1.

Civil Rights

15.

Equal Pay Act of 1963

29.

Reverse discrimination*

2.

Suspect classifications*

16.

Civil Rights Act of 1964*

30.

“Equality of opportunity:

3.

Strict Scrutiny and semi-strict scrutiny*

17.

Voting Rights Act of 1965*

31.

“Equality of result”

4.

Reasonabless or rationality standard*

18.

Open Housing Act of 1968 (Title VIII)

32.
Quotas and preferences

5.

Jim Crow laws*

19.

Higher Education Act of 1972 (Title IX) *

33.

Compensatory action

6.

“equal protections of the laws”

20.

Education of All Handicapped Children Act of 1975)

34.

“compelling government interest” *

7.

“separate but equal”

21.

Voting Rights Act of 1982

35.

“narrowly tailored” *

8.

“with all deliberate speed”

22.

Civil Rights Act of 1988

36.

Concurring opinion*

9.

Segregation and desegregation *

23.

American with Disabilities Act of 1990*

37.

Dissenting opinion*

10.

integration*

24.

Sexual harassment

38.

“comparable worth”

11.

de jure segregation

25.

Equal Employment Opportunities Commission

 

 

12.

de facto segregation

26.

Equal Rights Amendment*

 

 

13.

Civil disobedience

27.

Right to privacy*

 

 

14.

Civil Rights Act of 1957

28.

Affirmative Action*

 

 

 

Supreme Court Cases for this unit

Incorporation
Barron v. Baltimore (1833)
*Gitlow v. New York (1925)
Near v. Minnesota (1931)
Palko v. Connecticut (1937)
Freedom of Religion: Establishment Clause

*Everson v. Board of Education (1942)

*Lemon v. Kurtzman (1971)

Wallace v. Jaffree (1985)

Westside Community Schools v. Mergens (1990)

Santa Fe Independent School District v. Doe (2000)

Ten Commandments cases: McCreary County, KY v. American Civil Liberties Union of Kentucky and Van Orden v. Perry (2005)

Freedom of Religion: Free Exercise Clause

Reynolds v. United States (1879)

Sherbert v. Verner (1963)

Employment Division, Department of Human Resources of Oregon v. Smith (1990)

Church of the Lukuani Babalu Ave., v. City of Hialeah (1993)

Freedom of Speech and Press

*Schenck v. United States (1919)

*Gitlow v. New York (1925)

Near v. Minnesota (1931)

New York Times Co. v. Sullivan (1964)

*Tinker v. Des Moines Independent Community School District (1969)

*New York Times Co. v. U.S. (1971)

Miller v. California (1973)

Bethel School District No. 403 v. Fraser (1986)

Hazelwood School District v. Kuhlmeier (1988)

Texas v. Johnson (1989)

Morse v. Fredeerick (2007)

Freedom of Assembly and Petition

NAACP v. Alabama (1958)

Boy Scouts of American v. Dale (2000)

2nd Amendment rights

District of Columbia v. Heller (2008)

Due Process and the Rights of the Accused

*Mapp v. Ohio (1961)

*Gideon v. Wainwright (1963)

*Miranda v. Arizona (1966)

Death Penalty cases: Furman v. Georgia (1972) and Gregg v. Georgia  (1976)

New Jersey v. T.L.O (1985)

Equal Protection of the Laws – Minorities

*Plessy v. Ferguson (1896)

*Korematsu v. United States (1944)

*Brown v. Board of Education of Topeka (1954)

*Regents of the University of California v. Bakke (1978)

Lawrence v. Texas (2003)

Grutter v. Bollinger (2003) and Gratz v. Bollinger (2003)

Equal Protection of the Laws – Women and the Rights to Privacy and Abortion

*Griswold v. Connecticut (1965)

Reed v. Reed (1971)

*Roe v. Wade (1973)

Webster v. Reproductive Health Services  (1989)

Planned Parenthood v. Casey (1992)

Gonzales v. Carhart (2007)

 

* indicates you should know this case by name.  It is sufficient to know them by their shorthand name such as Plessy or Bakke. For the other cases, knowing them by name would be ideal, but is not required.  The important task is to understand the cases and their ramifications.