Professional Documents
Culture Documents
A.P. Government
Chapter 15
Civil Liberties
Discrimination:
Is action(s) that denies social participation or human rights to categories of people based
on prejudice. This includes treatment of an individual or group based on their actual or perceived
membership in a certain group or social category.
Prejudice: is prejudgment, or forming an opinion before becoming aware of the relevant facts. The word is often used to refer to preconceived,
usually unfavorable, judgments toward people or a person because of gender, political opinion, social class, age, disability, religion, sexuality,
race/ethnicity, language, nationality, or other characteristics.
Civil Liberties:
are personal guarantees and freedoms that the government cannot abridge, either by law or by judicial
interpretation.
Civil Rights:
Involves the rights guaranteed to United States citizens and residents by legislation and by the United
States Constitution.
Civil Rights
7.
Protection against using the crime of treason to restrict other activities; limitation on
punishment for treason.
Unprotected Speech
Content Neutral
Viewpoint Neutral
Obscenity/Pornography (Miller v.
California, 1973)
Freedom of Assembly
Time, place, and manner regulations.
Property Rights
Eminent domain: the power of a government to take private property for public use.
Regulatory takings: governmental regulation that takes away the use of private land
by restricting its use.
Death Penalty:
Upheld by the 8th Amendment, if the crime resulted in a victims death.
Courts cant execute the mentally challenged, as they cannot understand the seriousness of
their crime.
Kennedy v. Louisiana (2008), upheld that a criminal convicted of child rape where a death
didnt occur, nor intended, couldnt be sentenced to death.
Chapter 16
Civil Rights
Citizenship Rights
Natural rights dont depend on citizenship, but important legal rights do come with citizenship.
Before 1868, when the 14th Amendment was adopted, the constitution didnt protect the basic
citizenship rights; it was left up to the states.
In order to receive citizenship rights within the United States you must be born or naturalized.
Naturalized requirements:
1. Be over the age of 18.
2. Be lawfully admitted for permanent residence, and reside for at least 5 years, and the state within 6
months.
3. File a petition for naturalization, verified by two witness.
4. Be able to read, speak, and write English.
5. Possess a good moral character.
6. Understand and demonstrate the history, principles, and form of government of the United States.
7. Demonstrate that they are toward the good order and happiness of the country.
8. No support, belief in, belonged to, advocated for, any organization that wants to overthrow the United
States Government by violence, the doctrine of Communism, or totalitarianism.
Slaughter-House cases (1873), the Supreme Court distinguished between Federal and State
citizenship rights.
Boumediene v. Bush (2008), reinforced the right of designated U.S. citizen enemy detainee
combatants have the right to appeal their detention in the federal courts.
Alien rights:
Enemy Alien Act of 1798, authorizes the president during wartime to detain and expel citizens
of an enemy country; this remains in effect to this day.
Congress and States may limit welfare and other benefits.
Prohibits employment as Police officers, schoolteachers, and probation officers.
Children cannot be prohibited from attending school, or charged tuition.
Reconstruction:
Ended in 1877, the white southern political leadership regained power.
Jim Crow laws established.
The opportunities found created a n African-American middle-class that would soon oppose segregation.
Government response:
Major Civil Rights Laws:
Brown v. Board of Education of Topeka (1954), prohibits racially segregated public schools.
Civil Rights Act of 1957, makes it a crime to prevent persons from voting in federal elections.
Civil Rights Act of 1964, bans discrimination in employment or in public accommodations on the basis or race, color, religion, sex, or
national origin, created the EEOC.
Voting Rights Act of 1965, authorizes the appointment of federal examiners to register voters in areas with a history of discrimination.
Age Discrimination in Employment Act of 1967, prohibits job discrimination against workers or job applicants aged 40 through 65 and
prohibits mandatory retirement.
Fair Housing Act of 1968, prohibits discrimination on the basis of race, color, religion, or national origin in the sale or rental of most
housing.
Title IX Education Amendment of 1972, prohibits discrimination on the basis of sex in any education program receiving federal financial
assistance.
Rehabilitation Act of 1973, requires that recipients of federal grants greater than $2,500 hire and promote qualified handicapped
individuals.
Fair Housing Act Amendments of 1988, gave the Department of Housing and Urban Development authority to prohibit housing bias
against the handicapped and families with children.
American with Disabilities Act of 1990, prohibits discrimination based on disability and requires that facilities be made accessible to
those with disabilities.
Civil Rights Act of 1991, requires that employers justify practices that negatively affect the working conditions of women and minorities
or show that no alternative practices would have a lesser impact. Also established a commission to examine what keeps women and
minorities from becoming executives and to recommend how to increase the number of women and minorities in management.
Womens Rights
The Seneca Falls Womens Rights Convention (1848), attracted men and
women for both women's rights and to abolish slavery.
The Civil war put womens rights on hold.
After the Civil War the temperance movement gained strength.
Hispanics Rights
Have experienced the same kind of discrimination as African-Americans in
employment, education, housing, and access to public accommodations.
During World War II this discrimination lead to the Zoot Suit Riots in Los Angeles,
California.
Japanese:
Came first to Hawaii in the 1860s, then California in the 1880s.
In 1905, white labor leaders organized the Japanese and Korean Exclusion league.
In 1906, San Francisco, excluded all students of Asian dissent from public schools.
World War II Interment camps.
Integration
The Affirmative Action Controversy