New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here


by: Estelle Prosacco


Estelle Prosacco
GPA 3.84


Almost Ready


These notes were just uploaded, and will be ready to view shortly.

Purchase these notes here, or revisit this page.

Either way, we'll remind you when they're ready :)

Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

Class Notes
25 ?




Popular in Course

Popular in Political Science

This 9 page Class Notes was uploaded by Estelle Prosacco on Saturday September 12, 2015. The Class Notes belongs to POLS 1105H at University of Georgia taught by Staff in Fall. Since its upload, it has received 15 views. For similar materials see /class/202254/pols-1105h-university-of-georgia in Political Science at University of Georgia.

Similar to POLS 1105H at UGA

Popular in Political Science




Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 09/12/15
Civil Rights V Liberties 10122011 21000 PM 1 Civil rights a Freedoms that people possess related to membership in a demographic 2 Civil liberties a Freedoms that people possess based on individuality How gov t treats as individuals 3 Liberties individuals 4 Rights Groups 5 Equality ofoutcome everyone is equal down to their given talents blahhh 6 Equality of opportunity give people opportunities and resources that they can achieve something reasonable EX give someone the tools to pursue a college degree etc 7 Dred Scott v Sandford 1857 a Background transferred from a slave to a free state by master so he is free Since his master CHOSE to bring him there he sues that he is now free BUT since he is not a citizen and not a human in their eyes he has no legal standing to sue his master in court i Whole idea is that all slaves are property and that any decision by the state is them infringing on their right to property ii 14th amendment is a direct result 8 14th amendment a all ppl born or naturalized in US and subject to the jurisdiction thereof blah blah blah right to life liberty and property with due process of law equal protection for everyone i Basis for legal rights in the legal system 9 Plessy v Ferguson 1896 a Background i Blacks sitting in white section on the train he is 18 black and he is arrested sues based on 14th amendment equal protection but is told that it only applies to political equality 10Shelley v Kramer 1948 a Homeowners can only sell to nonminority b Private covenant therefore its fine to be racist 0 But in order to keep the covenant they have had to get the gov t involved to stop the sale 11Brown v Board of Education 1954 a Background girl wanted to go to a white school because the black school is too far to take to every time b Supreme court first blackjustice of the supreme court i In terms of education the schools are equal ii But not fair for a girl to have to go all the way across town 0 Rules that education is fundamental availability for good citizenship and needs to be available equally for all students i Separate but equal is inherently unequal ii Policy for desegregation issued as well because southern schools would not enforce 12Loving v Virginia 1967 a Black woman and white man get married in DC then move to VA where it is illegal b Rules that marriage is one ofthe most basic civil rights of man It is something that we are all entitled to and so that overturned the VA laws 13Regents of the University of CA v Bakke 1978 a Affirmative action minorities in the past have been disadvantaged so in the future going to give a leg up b UC bad track record of accepting minority students i Correct for that with af rmative action ii UC gives a certain number for minority candidates quota iii White people get mad and sue 1 Violates the 14th amendmentsgtcannot use quotas 14Alexander v Sandoval 2001 a Went to take the driver s license test of cial language is English and all state administered tests are in English and Sandoval doesn t speak English b Sucks to suck but test is not intentionally discriminatory because it is not singling out any one group c SOOOO ifa state chooses it can have the tests in one language 15Romer v Evans 1996 a Protected groups they have a history of discrimination against them and they are protected by law i EX cannot be fired because you are in that minority but CAN be fired because you suck b Gays are not a protected classgtnot given the protection status of protected groups c Constitutional amendment does not allow for gays to be protected and are this amendment 16Boy Scouts of America v Dale 2000 a Dale is gaygay activist and is fired because he is gay and they said that it was not consistent with the BSA s values i Court says that they cannot fire because just because they allow someone who is gay in does not mean they are accepting his values b Goes up to the supreme court i They can associatedissociate on certain terms ii They have to show that it is contrary to their express values 17Lawrence v Texas 2003 a Bowers v hardwick b Arrested for the sole purpose of going to the supreme court c Rule cannot outlaw gay sex To enforce the law it is a violation of privacy i This does not in any way affect gay marriage ii Civil Liberties 10122011 21000 PM Civil rights Freedoms that people possess related to membership in a demographic Civil liberties Freedoms that people possess based on individuality How gov t treats as individuals Libertieseindividuals RightseGroups Civil liberties ex o Freedom speech o Freedom religion o Freedom arms We have because we are humans Bill of Rights 14th amendments Barron v Baltimore 1833 o Background barron owns a warf Baltimore builds road and piles debris in his warf and makes it pretty much unusable o Taken to court bc they basically took his property and prevented him from using it without fair compensation o Ruling Bill of Rights only applies to FEDERAL GOV T 0 Le only have right to compensation if fedgov took property Freedom of Speech o Say what you want expressing yourself painting witchcraft to political candidate o can be regulated Schenck v US 1919 o Background sends out flyers saying to not go to war if you re drafted o Ruling not able to do that because you cannot do that if it causes harm to ppl ie Yelling fire in a crowded theater and causing panic o Schenck can be arrested because his mailings presented clear and present danger Possibility that it would harm the turnout for the draft 0 Problem vague Dennis v US 1951 o Background ppl gathered in a room like our room to plan the overthrow of the gov t 0 Very low likelihood of it actually happening o Ruling didn t really present a problem o Clear and probable danger Brandburg v Ohio 1969 o KKK master in OH Invited TVRadio to broadcast Said that we should send blacks back to Africa and jews back to Israel Arrested can t say that Appeal to SC o Ruling can t do that because nothing is really going to come from what he is saying have to show that something is DEFINITELY going to come to fruition from what they said o Impact Imminent lawless danger Freedom of Religion o 1St amendment o most involve the establishment clause Lemon v Kurtzman 1971 o Background PA law public funded private schools as long as it was going to secular teaching As long as your teaching was SECULAR public money can fund you c Ruling Lemon test 0 1 Must have a secular legislative purpose 0 2 Primary effect must neither advance or inhibit religion 0 3 Not foster excessive gov t entanglement with religion 0 but accding to this test the govt is entangled with religion Board of Ed of Kiryas Joel Village School District v Grument o Asked to draw a district line such that everyone in their district could go to the same school o Get to SC and throw out Lemon test o Adopt Neutrality test 0 Have to show that a gov t policy is not giving preference to one religious or secular group o But since you are drawing the lines to accommodate a jewish group you are violating the neutrality test and the redrawing of the lines was not allowed Private Property c When can fedgov take private property 0 Can t unless it s paid and for public use Kelo v New London 2005 o Background new London is a shitty town D house was taken and given to private developer 0 Ppl whose houses were taken say WOAH Property was taken and given to a private company for a private cause o Ruling 5th amendment allows it to be transferred because it would be enhancing the local economy which is a public use Cruel and Unusual Punishment o Death penalty Atkins v VA 2002 o States have diff DP laws and rules o Background Daryl Atkins and friend got drunk and high Kidnap an airmen in the airforce and make him withdraw a large sum of money then kill him There is video of them doing this During trial it is revealed that Atkins is mentally retarded so it is argued that he didn t really comprehend what he was doing Ruled that it doesn t matter he killed someone blah blah o SC rules that they need to take into acct of the evolving standards of decency test 0 As in what does the constitution mean in current society o Rules that because our standards of decency have evolved cannot kill mentally handicapped Roper v Simmons 2005 o Background 17 yo plans to kidnap a woman and throw her off a bridge does it and doesn t think he ll get death penalty o Ruling he gets the DP even though he is a minor o Appeal to SC o Evolving Standards of Decency Test 0 Most states outlaw execution of minors 0 Studies show that 17 yo brains are not as developed as 18 20 yo o 2 conservative justices are furious bc SOME states don t do it and other countries do it Privacy Right to it 0 9th amendment Rights that aren t listed doesn t mean it doesn t exist 14th amendment 3rd amendment home cannot be invaded by outside forces cannot be forced to quarter soldiers except during time of war Griswold v Conneticut 1965 o Background open clinic distribute birth control Griswold arrested o Rules several amendments that say there is a zone of privacy that cannot be infringed upon Roe v Wade 1973 o Background preg with third child doesn t want it In TX can only get an abortion if a victim of rape or incest Goes to clinic says she was raped the investigate and find that she wasn t raped and denies her an abortion o Rules abortion is a fundamental right Regulate abortions only in 2nd and 3rd trimesters After this ruling 46 states had to change policy o Interpret as coming straight from 14th amendment BASIS FOR FUTURE RULINGS Webster v Reproductive health services 1989 o Background Missouri law says that public funds cannot be used to performed abortions cannot provide councils regulating when abortions can occur o Due process cannot make the states enforce the ruling for abortions states can do what they want o Planned Parenthood v Casey 1992 o Roe v Wade doesn t apply anymore Gonzales v Carhart 2007 o Partial Birth Abortion Ban Act of 2003 O O o Fetus removed from body and killed fetus can survive on own at this point though introduced 3rd party 0 3 exceptions rape incest mother s life in danger 0 however this ban act has no exception for the mother s life o Ruling SC rules that they can find no circumstance when a mother s life can be saved by a partial birth abortion and since it is not an option it doesn t need an exception


Buy Material

Are you sure you want to buy this material for

25 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Jim McGreen Ohio University

"Knowing I can count on the Elite Notetaker in my class allows me to focus on what the professor is saying instead of just scribbling notes the whole time and falling behind."

Amaris Trozzo George Washington University

"I made $350 in just two days after posting my first study guide."

Steve Martinelli UC Los Angeles

"There's no way I would have passed my Organic Chemistry class this semester without the notes and study guides I got from StudySoup."


"Their 'Elite Notetakers' are making over $1,200/month in sales by creating high quality content that helps their classmates in a time of need."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.