USA- civil rights and liberties
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- Created by: am3l1a467
- Created on: 11-04-23 01:42
Example of a consitutional ammendment to ensure and protect consitutional rights
24th ammendment
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Example of leglisation
voting rights act (1965)
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Example of decision of the supreme court
brown vs board of education (1954)
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Example of presidential leadership
president eisenhower's use of federal troops in little rock, arkansas (1957)
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Example of citizen action
march for jobs and freedom (1963)
black lives matter protests (2020)
black lives matter protests (2020)
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Example of public policy
policing reform
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Example of constitutional amendment which invloves gender rights
19th amendment- womans right to vote (1920)
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Example of leglisation involving disability
americans with diabilities act (1990)
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Example of decision of supreme court invloving same sex marriage
Obergefell vs Hodges (2015)
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Key points of equality of opportunity
-focuses on giving the same rights and opportunities for all
-focuses on the theory of rights and of equality rather than its outcome
-regards affirmitive action programmes such as reverse discrimination
-believes all right should be colour blind
-focuses on the theory of rights and of equality rather than its outcome
-regards affirmitive action programmes such as reverse discrimination
-believes all right should be colour blind
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Key points of equality of outcome
- focuses on the outcome
- focuses on giving advantages to previously disadvantged groups in order to bring about equality in reality, not just in theory
-advocates such schemes as affirmative action and quotas
- focuses on giving advantages to previously disadvantged groups in order to bring about equality in reality, not just in theory
-advocates such schemes as affirmative action and quotas
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What happend in gratz vs bollinger- 2003
The University of Michigan's affirmative action-based admissions programme was unconstitutional because it was too 'mechanistic'; all minority students were automatically awarded bonus marks regardless of whether they had experienced disadvantage.
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What happend in Grutter v Bollinger (2003)
The University of Michigan's Law School's admissions programme was upheld as constitutional because it used a more 'individualised' approach.
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What happend in Parents Involved v Seattle
School District (2007)
School District (2007)
It is unconstitutional to assign students to public (i.e. state-run) schools solely for the purpose of achieving racial balance.
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What happend in Fisher v University of Texas
(2013)
(2013)
The university's use of race in its admission policy must be subjected to a stricter scrutiny because it involved possible discrimination against white students
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What happend in Fisher v University of Texas
(2016)
(2016)
The university's admission programme based on affirmative action was constitutional
(A rehearing of the 2013 case)
(A rehearing of the 2013 case)
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Which party tend to argue for affirmative action
Democrats and liberals tend to argue in favour of affirmative action programmes, claiming that they have made society more diverse and given equality of results to previously disadvantaged groups.
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Which party tends to be argue against affirmative action
Republicans and conservatives tend to argue against affirmative action programmes, claiming that they merely perpetuate decisions being made based on race.
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Advantages of affirmative action
-Leads to greater levels of diversity
-Rights previous wrongs - those previously disadvantaged are now advantaged
-Opens up areas of education and employment that otherwise would be out of the reach of disadvantaged minorities
-In education, creates a mor
-Rights previous wrongs - those previously disadvantaged are now advantaged
-Opens up areas of education and employment that otherwise would be out of the reach of disadvantaged minorities
-In education, creates a mor
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Disadvantages of affirmative action
-Advantage for one group leads to disadvantage for other groups - 'reverse discrimination'
-Can lead to minorities being admitted to higher education courses and jobs for which they are il-equipped to cope
-Can be condescending to minorities
-Perpetuates
-Can lead to minorities being admitted to higher education courses and jobs for which they are il-equipped to cope
-Can be condescending to minorities
-Perpetuates
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What are there still concerns about with minority voting rights
-the introduction by some states of a photo ID requirement at polling stations
-the removal of voting rights following criminal convictions
-the removal of voting rights following criminal convictions
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In congress how has black members incresed over recent years
Up from:
16 in 1979-80
49 in 2017
57 in 2020
16 in 1979-80
49 in 2017
57 in 2020
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In congress how has hispanic menbers increased over recent years
Up from:
6 in 1979-80
38 in 2017
51 in 2020
6 in 1979-80
38 in 2017
51 in 2020
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In 2021 how many congress members idenitifed as black/ hispanic
What proportionas of congressional did they make up- %
What proportionas of congressional did they make up- %
124
23%
23%
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How many ethnic minority democratic presidential candidates ran in 2020
6
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Who became the first african american/ asian american vice president in 2021
Kamala Harris
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Whos cabinet was the most racially diverse
Obama's (2009)
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When biden's cabinet was announced in december 2020 how many woman and ethnic minorities were there out of the total of 25 members
woman-10
minority ethnics- 8
minority ethnics- 8
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What has fuelled immigration reform
concerns over illegal immigration and security fears after 911
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Who tried to gte immigartion reform through congress but failed
George W.Bush
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What act did Obama get congress to pass
The DREAM act (development, relief and education for alien minors)
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Obama created the DACA (Deferred action for childhood arrivals) in 2012 what did this do
it gave some individuals who had entered the country as the children of illegal immigrants the temporary right to live, study and work in the USA.
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What did trump announce in the 2016 election
his intention to end the DACA programme, make the deportation of all illegal immigrants a top priority, and build a wall along the USA-Mexico border. By 2020 he had succeeded in closing the DACA programme and building a small section of the border wall.
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What was a was a contributory factor in a short-term partial shutdown of parts of the federal government.
In January 2018, Trump's intention to carry through on his threat to end the DACA programme
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How does immigration reform positvely effect equality
-Development, Relief, and Education for Alien Minors (DREAM): stopped the deportation of
Development, Relief, and Education for Alien Minors (DREAM): stopped the deportation of undocumented immigrants who met certain criteria (e.g. they had been b
Development, Relief, and Education for Alien Minors (DREAM): stopped the deportation of undocumented immigrants who met certain criteria (e.g. they had been b
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How does immigration reform positvely effect equality
Deferred Action for Childhood Arrivals (DACA): allowed 1.5 million people who had been brought into the country illegally as children to continue to live and work in the USA.This is very similar to the DREAM Act described above.
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How does immigration reform positvely effect equality
Deferred Action for Parental Accountability (DAPA): designed to allow undocumented immigrants who had had children born in the USA to live and work in the country.
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How does immigration reform negatively effect equality
-DREAM was ended by President Trump
-
-DACA was ended by President Trump
-DAPA was overturned by President Trump
-Framework for Immigration Reform and Border
Security: introduced by President Trump, part of this policy separates illegal immigrant childr
-
-DACA was ended by President Trump
-DAPA was overturned by President Trump
-Framework for Immigration Reform and Border
Security: introduced by President Trump, part of this policy separates illegal immigrant childr
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What is the most significant differnce in protection of rights in the Uk and the US
The most significant difference is that in the USA, rights are entrenched in a codified constitution. Whereas in the UK with no codified constitution rights are not entrenched and can be changed simply by Act of Parliament. This shows that different struc
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Rights of citizens in the USA
-Bill of Rights (Amendments I-X of the Constitution)
-Later amendments, e.g. Fifteenth, Nineteenth, Twenty-Fourth, Twenty-Sixth
-Later amendments, e.g. Fifteenth, Nineteenth, Twenty-Fourth, Twenty-Sixth
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Rights of citizens in the USA ( Laws passed by congress)
Laws passed by Congress
e.g:
-various Civil Rights Acts + Voting Rights Act (1965)
-Americans with Disabilities Act (1990)
-Fair Pay Act (2009)
e.g:
-various Civil Rights Acts + Voting Rights Act (1965)
-Americans with Disabilities Act (1990)
-Fair Pay Act (2009)
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Rights of citizens in the USA (decisions of the supreme court)
-Decisions of the Supreme Court, e.g.:
-Roe v Wade (1973)
-Obergefell v Hodges (2015)
-Roe v Wade (1973)
-Obergefell v Hodges (2015)
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Rights of citizens in the UK
Acts of Parliament, e.g. Human Rights Act (1998), which incorporated the European Convention on Human Rights into British law
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Rights of citizens in the UK
Decisions of the courts that protect citizens against unlawful acts of government- e.g:
-extent of government spying powers
-length of time police can keep DNA of acquitted
persons
-whole-life sentences must be reviewable
-employers must respect religiou
-extent of government spying powers
-length of time police can keep DNA of acquitted
persons
-whole-life sentences must be reviewable
-employers must respect religiou
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What is key to a key to a liberal democracy
effectivness of the protection of rights, Constitutions and laws don't in themselves deliver rights.
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Some see the protection of the rights of one group leading to a threat to the rights of another group- give an example
for example, same-sex marriage rights as opposed to the rights of groups and individuals that take an orthodox view of marriage
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What has this issue led to
court battles in both the USA and the UK.
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What does effective protection of rights need to be
balanced against the need for security in the light of terrorist threats
This is another issue that has led to much debate in both countries
This is another issue that has led to much debate in both countries
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A combination of what means that the rights of racial minorities, women and those with physical disabilities are better protected than they were half a century ago.
legislative and judicial action
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Who has have played a significant role in both countries to promote the elective protection of a range of right
interest groups such as the ACLU, NAACP in the USA; Liberty and Stonewall in the UK
They have done this through various means
They have done this through various means
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In the USA what do interest groups try to do
bring influence on the legislature and the executive but most especially on the judiciary.
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What is there more focus on in the USA than in the UK and why
There is much more focus on the judiciary in the USA than in the UK because of the power of judicial review.
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What may Interest groups legally and financially support
the bringing of potentially landmark cases to the Supreme Court for its ruling.
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An example of when Interest groups may legally and financially support the bringing of potentially landmark cases to the Supreme Court for its ruling.
Brown v Topeka (1954) was effectively brought by the black civil rights interest group the National Association for the Advancement of Colored People (NAACP). In June 2020, a coalition of LGBTQ+ groups combined to file a lawsuit against the Trump administ
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What may they also submit
What can they also engage in
What can they also engage in
amicus curiae briefs to the courts ("friend of the court." A non-party with an interest in the outcome of a pending lawsuit who argues or presents information in support of or against one of the parties to the lawsuit)
building public support.
building public support.
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What can they also engage in
building public support.
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In the UK what do interest groups try to do
bring influence on Parliament, relevant government departments and (recently) the new Supreme Court. They also try to build public support.
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Interest group success in both countries will be determined by a number of variables, what are these
financial backing, the balance of public opinion, strength of countervailing groups, access to the media, etc.
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Bill of rights (USA) Cultural approach
The US Constitution and the rights enshrined within it are central to US society and to American's sense of identity.
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Bill of rights (USA) Structural approach
The Bill of Rights consists of the first ten
amendments to the US Constitution -a fundamental structure of the US political
process.
amendments to the US Constitution -a fundamental structure of the US political
process.
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Other consitutional amendments (USA) Cultural approach
The US Constitution and the rights enshrined within it are central to US society and to an American's sense of identity
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Other constitutional amendments (USA) Structural approach
Civil rights are protected by the US
Constitution - a fundamental structure di
an the US political process.
Constitution - a fundamental structure di
an the US political process.
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Laws made by congress (USA) Structural approach
Discussion of the legislative process in the USA.
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Decisions of the supreme court (USA) Structural approach
Discussion of the judicial process in the
USA.
USA.
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Acts of parliment (UK) Structural approach
Discussion of the legislative process in the UK
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Decisions made by the courts (UK) Structural approach
Discussion of the judicial process in the UK
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CIVIL RIGHTS AND LIBERTIES
CIVIL RIGHTS AND LIBERTIES
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Describe the landmark case
plessy vs ferguson- 1896
plessy vs ferguson- 1896
upheld segregation as constitutional with the reference to seperate but equal arose from the louisiana seperate car act for rail carriges-the Court denied that segregated railroad cars for Black people were necessarily inferior
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Describe the landmark case
brown vs board of education- 1953
brown vs board of education- 1953
This case overturns Plessy v Ferguson 1896
Established that separate was inherently unequal in the provision of facilities
Paved the way for integration of blacks and whites
Ruled on through the Equal Protection Clause of the 14th Amendment
Established that separate was inherently unequal in the provision of facilities
Paved the way for integration of blacks and whites
Ruled on through the Equal Protection Clause of the 14th Amendment
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Describe the landmark case
map v ohio- 1961
map v ohio- 1961
Ruled that evidence obtained in the violation of the Fourth Amendment cannot be used in court
Arose from a dispute in Ohio which police didn’t have a warrant and found large amounts of ***********
Arose from a dispute in Ohio which police didn’t have a warrant and found large amounts of ***********
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Describe the landmark case
engel vs vitale- 1962
engel vs vitale- 1962
Ruled that it is unconstitutional for school prayers in public schools
This violates the First Amendment
This was the basis for more cases such as Wallace v Jaffree which banned meditation in Alabama
This violates the First Amendment
This was the basis for more cases such as Wallace v Jaffree which banned meditation in Alabama
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Describe the landmark case
roe v wade- 1973/2022
roe v wade- 1973/2022
Ruled that abortion was legal in the first trimester
Found on the right to Privacy under the due process clause of the 14th Amendment
Texas law made it illegal to assist a woman to get an abortion
was overturned in 2022
Found on the right to Privacy under the due process clause of the 14th Amendment
Texas law made it illegal to assist a woman to get an abortion
was overturned in 2022
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Describe the landmark case
united states vs nixon- 1974
united states vs nixon- 1974
Ruled that no person not even the President is completely above the law
Also ruled that the President cannot use executive privilege as an excuse to withhold evidence in criminal trials
Also ruled that the President cannot use executive privilege as an excuse to withhold evidence in criminal trials
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Describe the landmark case
planned parenthood vs casey- 1992
planned parenthood vs casey- 1992
Rules on abortion in Pennsylvania were challenged
The court upheld the right to an abortion but ruled that 1 out of 5 restrictions was unconstitutional
The court upheld the right to an abortion but ruled that 1 out of 5 restrictions was unconstitutional
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describe the landmark case
bush vs gore- 2000
bush vs gore- 2000
Votes in Florida were close
Supreme Court ruled that manually recounting a precinct was wrong and the entire state must be recounted
Proper recounting by deadline of Dec 12 would be unconstitutional
Supreme Court ruled that manually recounting a precinct was wrong and the entire state must be recounted
Proper recounting by deadline of Dec 12 would be unconstitutional
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describe this landmark case
obergefell v hodges- 2015
obergefell v hodges- 2015
Court ruled that the Equal Protection Clause of the Constitution guarantees the right to marry for same sex couples
This overturned Baker v Nelson and effectively legalised same-sex marriage in the United States
This overturned Baker v Nelson and effectively legalised same-sex marriage in the United States
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describe the landmark case
dobbs vs jackson
dobbs vs jackson
A landmark decision which said there was no “right to abortion” in the constitution.
This ruling overturned both Wade v Roe and Planned parenthood v Casey and said that individual states have the power to regulate abortion laws, not the federal governmen
This ruling overturned both Wade v Roe and Planned parenthood v Casey and said that individual states have the power to regulate abortion laws, not the federal governmen
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Other cards in this set
Card 2
Front
Example of leglisation
Back
voting rights act (1965)
Card 3
Front
Example of decision of the supreme court
Back
Card 4
Front
Example of presidential leadership
Back
Card 5
Front
Example of citizen action
Back
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