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American Government > chapter 3 > Flashcards

chapter 3 Flashcards

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1
Q
  1. What are civil liberties?
A

individual freedoms guaranteed by the constitution

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2
Q
  1. What are civil rights?
A

freedom for individual groups (think equal rights)

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3
Q
  1. When was the Bill of Rights added to the Constitution and what was its purpose?
A

1791 restricts the federal government from infringing listed rights. it was a compromise between federalists and anti-federalists

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4
Q
  1. Who did it restrict? Did it apply restrictions to states?
A

Federal government, not states

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5
Q
  1. What amendment did the court start using to apply the Bill of Rights as restrictions to the states?
A

14th

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6
Q
  1. What is selective incorporation? How is it applied? What does the 14th Amendment have to do with it? *This will be very important throughout our class.
A

The ability of the court to apply rights to the states on a case-by-case basis

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7
Q
  1. Have all amendments been applied to the states?
A

no

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8
Q
  1. What were Jim Crow laws and/or “black codes”? What did they try to do?
A

Laws restricting the freedoms of black Americans

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9
Q
  1. What is the difference between de facto and de jure discrimination?
A

de facto: habit, custom (harder to fix)

de jure: laws

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10
Q
  1. What happened to Japanese Americans during World War II?
A

they were sent to internment camps

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11
Q
  1. What happened in Plessy v. Ferguson?
A

establishment of “separate but equal”

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12
Q
  1. What happened in Brown v. Board of Education? How are these (Plessy v. Ferguson) cases related?
A

undid separate but equal established in Plessy v. Ferguson

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13
Q
  1. In the Little Rock 9, what branch was responsible for enforcing Brown decision? How was it enforced?
A

Executive, paratroopers escorted the students to school

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14
Q
  1. What happened to the Equal Rights Amendment? Who would it have applied to?
A

The ERA was never fully ratified, it would have applied to women

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15
Q
  1. How does the court test freedom of speech? Know the ones discussed in the book and how they are applied.
A

clear and present danger test
imminent lawless action test
miller test (obscenity must be based on local standards)

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16
Q
  1. Are there limits on freedom of speech and expression?
A

yes

17
Q
  1. What are due process rights and what is their purpose?
A

laws must be fair and suspects must be treated fairly

18
Q
  1. What is libel?
A

written defamation of character

19
Q
  1. What is habeas corpus?
A

The right to be brought before a judge and informed of the charges and evidence against you

20
Q
  1. What was the purpose of the 19th Amendment?
A

women’s right to vote

21
Q
  1. Why is there a debate about religion and the Constitution? Is the Constitution ambiguous in its handling of religion and the role of the state?
A

many differing opinions

Yes, there is ambiguity

22
Q
  1. What is the Lemon test and how is it applied?
A

Law must:
have secular purpose
not advance religion
not have excessive entanglement with religion

23
Q
  1. What does imminent lawless action mean and how is it used?
A

speech that is aimed at or likely to incite lawless action

24
Q
  1. What is the difference between separationists and accommodationists?
A

separationists: separate church and state
accommodationists: want to accommodate all religions equally

25
Q
  1. Why did many of the framers value religious freedom?
A

The pilgrims were fleeing religious establishment

26
Q
  1. What is the difference between strict constructionists and judicial interpretivists (also known as loose constructionists)? Give an example of a case with each type of interpretation.
A

strict constructionists: constitution must be read as the founders intended it to be read

judicial interpretivists: constitution should be read interpreted through a modern lens

Right to privacy is believed to be implied by interpretivists in griswold (Roe v. Wade)

27
Q
  1. Did the Civil Rights Act originally apply to people with disabilities and other minorities?
A

no

28
Q
  1. What is the theory of the “glass ceiling”?
A

The invisible but impenetrable barrier that women face when trying to climb the corporate ladder

American Government (5 decks)

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