Civil Rights & Liberties: Key Concepts

• The study guide covers key terms, concepts, court cases, and questions related to civil liberties, civil rights, political socialization, ideology, public opinion, and historical movements for equality.

Key Terms and Concepts

• Establishment Clause: Prohibits the government from establishing a religion.
• Free Exercise Clause: Protects citizens' right to practice their religion.
• Double Jeopardy: Being tried twice for the same crime, prohibited by the Fifth Amendment.
• Miranda Rights: Rights read to a suspect in custody, including the right to remain silent and the right to an attorney.
• Self-Incrimination: The act of exposing oneself to prosecution by being forced to testify against oneself.
• Reconstruction: The period after the Civil War focused on rebuilding the United States and addressing slavery's legacy.
• Grandfather Clause: Laws that allowed individuals who could vote before Reconstruction, or their descendants, to bypass literacy tests and poll taxes, effectively disenfranchising African Americans.
• White Primary: Primary elections in the South where only white voters could participate, effectively excluding Black voters from the electoral process.
• Jim Crow Laws: State and local laws enforcing racial segregation in the Southern United States.
• Literacy Tests: Used to prevent Black people from voting.
• Equal Rights Amendment (ERA): A proposed amendment to guarantee equal rights for women.
• NOW (National Organization for Women): A feminist organization founded in 1966.
• Lily Ledbetter Fair Pay Act: Amended the Civil Rights Act of 1964 to allow victims of pay discrimination to file complaints within 180 days of their last paycheck.
• Public Opinion: The attitudes of the public on political issues.
• Political Culture: The shared values, beliefs, and attitudes about how the government should function.
• Political Socialization: The process by which individuals acquire their political beliefs and values.
• Agent of Political Socialization: Factors that influence the process of political socialization, such as family, school, and media.
• Modern Liberalism: A political ideology that generally supports social and economic equality and government intervention in the economy.
• Modern Conservatism: A political ideology that generally supports limited government intervention, individual liberty, and traditional values.

Key Questions

• Civil liberties are basic rights and freedoms that protect individuals from government actions, while civil rights are protections against discrimination based on certain characteristics.
• Interpreting specific amendments and putting them into practice is difficult and controversial due to differing interpretations of the Constitution and evolving societal values.
• The African American civil rights movement included key events such as the Montgomery Bus Boycott, the March on Washington, and the passage of landmark legislation.
  • The Civil Rights Act of 1964 outlawed discrimination based on race, color, religion, sex, or national origin.
  • The Voting Rights Act of 1965 prohibited racial discrimination in voting.
  • The Fair Housing Act of 1968 prohibited discrimination in the sale, rental, and financing of housing.
• Significant events in the women's suffrage movement included protests, lobbying, and civil disobedience.
  • Some states allowed women to vote prior to the 19th Amendment.
  • Abolitionists and suffragists initially allied but later diverged over priorities.
  • Women used their position during WWI to advocate for suffrage, influencing President Wilson's support.
  • Women acquired greater rights through legislation in the twentieth century.
  • Women continue to experience unequal treatment in areas such as pay and representation in leadership positions.
• Native Americans, immigrants, and LGBTQ+ groups have struggled for rights through activism, litigation, and political advocacy.
• Political socialization in the U.S. occurs through various agents like family, school, peers, and media, shaping citizens' political information and attitudes.
• Political ideology is a set of beliefs about the role of government and society, placed on a political spectrum ranging from liberal to conservative.
• Political polarization is the divergence of political attitudes toward ideological extremes, exacerbated by media influence and selective exposure to information.
• Factors that can affect public opinion include personal experiences, media coverage, and political events.
• Public opinion affects Congress and the presidency, influencing policy decisions and legislative priorities.
• Presidents attempt to influence public opinion through speeches, media appearances, and policy initiatives; high approval ratings can enhance a president's ability to enact their agenda.

Significance of Court Cases

• Marbury v. Madison (1803): Established the principle of judicial review.
• Engel v. Vitale (1962): Ruled that mandatory prayer in public schools is unconstitutional.
• Texas v. Johnson (1989): Held that burning the U.S. flag is protected speech under the First Amendment.
• Mapp v. Ohio (1961): Established that illegally obtained evidence cannot be used in a state criminal trial.
• Miranda v. Arizona (1966): Established that criminal suspects must be informed of their constitutional rights before interrogation.
• Gideon v. Wainwright (1963): Held that the state must provide legal counsel to indigent defendants in criminal cases.
• Elonis v. U.S. (2015): Involved the mens rea requirement for conviction of threatening another person via social media.
• Virginia v. Black (2003): Ruled on the limits of cross burning as protected speech.
• Snyder v. Phelps (2011): Upheld the right of protesters to picket military funerals.
• District of Columbia v. Heller (2008): Affirmed an individual's right to possess firearms for traditionally lawful purposes, such as self-defense at home.
• Atkins v. Virginia (2002): Held that executing individuals with intellectual disabilities violates the Eighth Amendment.
• Kennedy v. Louisiana (2008): Limited the death penalty to cases not involving murder.
• Roe v. Wade (1972): Established a woman's right to an abortion, based on the right to privacy.
• Dobbs v. Jackson Women's Health Organization (2022): Overturned Roe v. Wade, returning the power to regulate abortion to the states.
• Obergefell v. Hodges (2015): Legalized same-sex marriage nationwide.
• Dred Scott v. Sandford (1857): Held that enslaved people were not citizens and could not sue in federal court.
• Plessy v. Ferguson (1896): Upheld the constitutionality of racial segregation under the "separate but equal" doctrine.
• Guinn v. United States (1915): Found grandfather clauses unconstitutional.
• Smith v. Allwright (1944): Ruled that white primaries were unconstitutional.
• Brown v. Board of Education (1954): Declared state-sponsored segregation in public schools unconstitutional, overturning Plessy v. Ferguson.