Assignment9

Question 1

DC v Heller

Answer 1

court case civil liberties

selectively incorp 2nd am
gun rights

Question 2

civil liberties

Answer 2

personal guarantee and a freedom that the govt cannot abridge by law
rights, freedoms that cannot be taken by law
protection FROM govt
more associated with the Bill of Rights
due process

Question 3

substantive due process

Answer 3

you have the right not to be arbitrarily dealt with

Question 4

selective incorporation

Answer 4

rights in the bill of rights apply to the state govts in a selective process

Question 5

Gitlow v New York

Answer 5

court case civil liberties

1925 gitlow v. new york
free speech rights were being infringed upon by the state of new york
supreme court ruled that the 14th amendment denied states from taking away fundamental rights- in this case, free speech
incorporates the first amendment, but only part of it
there has to be a precedent first, so broad changes can’t be made, it has to be one case at a time

Question 6

Palko v Connecticut

Answer 6

court case civil liberties

limiting selective incorp

Question 7

establishment clause

Answer 7

prevents govt from establishing a state religion

Question 8

Engel v Vitale

Answer 8

civil liberties court case

1962 engel v. vitale
school sponsored prayer was a violation of the first amendment
conservatives refer to this as the case where the nation went off track

Question 9

Abington School Dist. v Schempp

Answer 9

civil liberties court case

?

Question 10

“wall of separation”

Answer 10

establishment clause

no state church

Question 11

Lemon v Kurtzman

Answer 11

civil liberties court case

supreme court case
lemon test
1971- lemon v. kurtzman
a practice or policy is constitutional if
1)it has a legitimate secular purpose
2)neither advances nor inhibits religion
3)does not foster excessive government entanglement with religion

Question 12

free exercise clause

Answer 12

you have the freedom to practice your religion free from govt interference

Question 13

Religious Freedom Restoration Act

Answer 13

2000- religious freedom restoration act

allowed peyote use in native american religions and it had to be on the reservation and you have to be native american

Question 14

prior restraint

Answer 14

1971 new york times v. the united states
pentagon papers- leak of classified information
the government cannot suppress the press before it is published

Question 15

“clear and present danger”

Answer 15

if your speech has the direct potential to endanger someone, that free speech wouldn’t be covered by the constitution

you can’t yell “fire” in a crowded theater

Question 16

symbolic speech

Answer 16

speech that doesn’t involve words

art, armbands, etc

Question 17

New York Times v US

Answer 17

prior restraint, pentagon papers,

you can’t suppress press BEFORE they even release stuff

Question 18

libel and slander

Answer 18

prohibits people from printing or speaking blatantly false things
we’ve made it so it’s hard to prove

Question 19

New York Times v Sullivan

Answer 19

civil liberties court case

you can’t
established libel and slander

Question 20

“fighting words”

Answer 20

limitations to speech

Question 21

obscenity and pornography

Answer 21

limitations to speech

Question 22

Miller v California

Answer 22

civil liberties court case

defined obscenity

Question 23

habeas corpus

Answer 23

keeps the government from holding you indefinitely without showing cause

Question 24

grand juries

Answer 24

a group of people who look at the evidence against someone who has been accused of a crime in order to decide if there should be a trial

Question 25

Miranda v Arizona

Answer 25

civil liberties court case ADD MORE

Question 26

eminent domain

Answer 26

end of the 5th amendment- just compensation, for public use govt can take property in the interest of the public like 10th west

Question 27

exclusionary rule

Answer 27

if evidence is found in an uncool way, it's not usable in court

Question 28

Mapp v Ohio

Answer 28

civil liberties court case incorporation and exclusionary rule seized evidence 4th amendment

Question 29

inevitable discovery rule

Answer 29

exception to the exclusionary rule | if a piece of evidence would have been found inevitably

Question 30

Gideon v Wainwright

Answer 30

civil liberties court case 1963 right to an attorney guy in the pool hall was convicted without an attorney selectively incorporated a right to a lawyer in STATE crimes

Question 31

death penalty

Answer 31

1972 court case Furman v. Georgia death penalty is imposed in an arbitrary fashion and by making it arbitrary, it’s by definition cruel 1976 court case Gregg v. Georgia the way that georgia imposes the death penalty was unconstitutional, so they rewrote things and made it less arbitrary their law WAS the constitution, so the death penalty was an acceptable form of punishment

Question 32

Gregg v Georgia

Answer 32

civil liberties court case the way that georgia imposes the death penalty was unconstitutional, so they rewrote things and made it less arbitrary their law WAS the constitution, so the death penalty was an acceptable form of punishment

Question 33

right to privacy

Answer 33

9th amendment/ nonenumerated 1960s birth control later roe v wade later patriot act/ NSA

Question 34

Griswold v Connecticut

Answer 34

1965 couple said their rights were violated 9th amendment supreme court: 1st amendment plus the 4th amendment and the 9th and the 14th (due process) includes freedom from arbitrary laws (laws with no rational basis) combined = right to privacy and the right to birth control and access to it because it’s none of the govt’s business

Question 35

Roe v Wade

Answer 35

1973 the right to abortion is solely based on this right to privacy broke pregnancy into trimesters first trimester= pregnancy is private, abortion unrestricted 2nd= some restrictions, mainly for the safety of the mother 3rd= not private anymore, also fetus can survive outside the womb at this point, now it’s technically a human, state interest in the fetus outweighs the woman’s right to abortion

Question 36

Lawrence v Texas

Answer 36

2003 right to privacy was given to heterosexual couples texas had laws that stated that homosexual behavior was criminal sodomy laws 2003 6-3 supreme court decision strike down texas laws dealing with sodomy decision based on right to privacy also equal protection got brought up

Question 37

civil rights

Answer 37

protection BY govt thinking of groups that want equal and fair treatment by govt slavery -> abolition women also involved women’s rights -> suffrage

Question 38

equal protection clause

Answer 38

in the 14th amendment: | No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

Question 39

Jim Crow laws

Answer 39

racist rules in the south during reconstruction

Question 40

Plessy v Ferguson

Answer 40

civil rights court case 1896 PLESSY V FERGUSON established the doctrine of separate but equal not overturned until brown v board of education

Question 41

Brown v Board of Education

Answer 41

civil rights court case 1954 brown v board of education gets rid of segregated schools effectively overturns plessy v ferguson

Question 42

NAACP, SCLC, SNCC

Answer 42

``` naacp: whole goal is to get rid of plessy v ferguson SCLC 1960 SNCC marching in places like Birmingham conducting sit-ins and freedom rides showing where law isn’t enforced ```

Question 43

Civil Rights Act 1964

Answer 43

1964 civil rights act | outlawed discrimination in public places, accommodations, and employment

Question 44

Voting Rights Act 1965

Answer 44

1965 voting rights act: eliminated literacy tests/ restrictions also gave federal government authority to intervene in trouble states

Question 45

de jure vs de facto segregation

Answer 45

de facto means by fact in schools everywhere there are lunch tables of segregated groups de jure means by law this is ok because legally things are now equal but it’s very hard to get rid of de facto

Question 46

NOW & the ERA

Answer 46

national organization for women betty friedan ``` ERA equal rights amendment illegal to discriminate based on gender doesn’t pass on states 35/required 38 ```

Question 47

suspect classifications

Answer 47

no rational reason to discriminate against based on race and religion gender is not considered suspect

Question 48

Equal Pay Act 1963

Answer 48

now it’s legal to ask coworkers how much they make

Question 49

Title IX

Answer 49

``` 1972 title ix an amendment to the civil rights act specific focus is education athletics there have to be opportunities for both boys and girls sexual harassment or assault schools have to investigate ```

Question 50

Americans with Disabilities Act 1990

Answer 50

provided guidelines in terms of education, employment, public accommodations kind of an unfunded mandate for old buildings

Question 51

affirmative action

Answer 51

intended to give opportunities to minorities can also take away opportunities from the majority under lyndon johnson in the 1960s because of a history of discrimination, we encourage affirmative action to rectify past wrongs supposed to be a voluntary thing some people call it reverse discrimination

Question 52

University of California v Bakke

Answer 52

admitting medical students with a quota system 10 black, 15 female, etc strict quotas were ruled as violating the idea of equal protection