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Government > Chapters 4/5 Test > Flashcards

Chapters 4/5 Test Flashcards

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1
Q

Bill of Rights

A 
First 10 Amendments to the Constitution
1. RAPPS
2. Right to Bear Arms
3. Quartering Soldiers
4.Unreasonable Searches/Seizures + Warrants
5. Self-Incrimination, Double Jeopardy, Right to Jury, Eminent Domain, 
6. 
7. 
8. 
9. 
10.
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2
Q

Barron v. Baltimore

A

1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, to the states and cities

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3
Q

Gitlow v. New York

A

1925 Supreme Court decision holding that freedoms of press and speech are “fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states” as well as by the federal government

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4
Q

14th Amendment

A

Adopted after the Civil War; states that “No State shall make or enforce any law which shall abridge the privileges or immunities of cities of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

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5
Q

Due Process Clause

A

part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, and property by the United States or state governments without due process of law

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6
Q

incorporation doctrine

A

the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment

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7
Q

selective incorporation

A

?

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8
Q

establishment clause

A

part of the First Amendment stating that “Congress shall make no law respecting an establishment of religion”

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9
Q

Lemon v. Kurtzman

A

1971 Supreme Court decision that established that aid to church-related schools must 1. have a secular legislative purpose 2. have a primary effect that neither advances nor inhibits religion and 3. not foster excessive government entanglement with religion

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10
Q

Engel v. Vitale

A

1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by new York’s schoolchildren

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11
Q

Abington v. Schempp

A

1963 Supreme court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment

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12
Q

Free Exercise Clause

A

A First Amendment provision that prohibits government from interfering with the practice of religion

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13
Q

Employment Division v. Smith

A

decision that allowed state to deny unemployment benefits to worker fired because of illegal drug use for religious purposes

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14
Q

Reynolds v. US

A

polygamy is illegal even if for religion

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15
Q

Wisconsin v. Yoder

A

parents can refuse to send their kids to school past 8th grade for religious reasons

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16
Q

pure speech

A

legit speech

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17
Q

symbolic speech

A

nonverbal communication

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18
Q

Texas v. Johnson

A

1989 case in which the Supreme kurt struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment

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19
Q

clear and present danger

A

freedom of speech can be limited if there is a clear and present danger; established in Schenck v. US

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20
Q

Bad Tendency Doctrine

A

Gitlow v. New York; if speech has bad tendency to cause harm then it can be limited

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21
Q

Schenck v. US

A

1919 Supreme decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I; government can limit speech if the speech provokes a “clear and present danger” of substantive evils

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22
Q

slander

A

spoken defamation

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23
Q

libel

A

the publication of false or malicious statements that damage someone’s reputation

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24
Q

NYT v. Sullivan

A

1964 Case established the guidelines for determining whether public officials and public figures could win damage suits for libel; individuals must prove that the defamatory statements were made with “actual malice” and reckless disregard for the truth

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25
Q

Roth v. US

A

1957 Supreme Court decision ruling that “obscenity is not within the area of constitutionally protected speech or press.”

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26
Q

Miller v. California

A

1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a “prurient interest” and being “patently offensive” and lacking in value

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27
Q

Prior Restraint

A

a government preventing material from being published. usually unconstitutional in U.S.

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28
Q

Near v. Minnesota

A

1931 Supreme Court decision holding that the First Amendment protects newspapers from prior restraint

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29
Q

Zurcher v. Stanford Daily

A

1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press

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30
Q

Tinker v. Des Moines

A

ruling that said students have a right to freedom of speech and expression within a school as long as it doesn’t disrupt the learning environment

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31
Q

Bethel v. Fraser

A

the First Amendment does not prohibit schools from restricting vulgar and lewd speech

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32
Q

Morse v. Frederick

A

public schools can prohibit students from displaying messages promoting the use of illegal drugs at school-supervised events

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33
Q

Hazelwood v. Kuhlmeir

A

Court held that the First Amendment did not require schools to affirmatively promote particular types of student speech; teen pregnancy articles in school paper restricted

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34
Q

Federal Communications Commission

A

regulates content, nature, and very existence of radio and television broadcasting

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35
Q

Federal Trade Commission

A

FTC regulates advertisements

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36
Q

Snyder v. Phelps

A

the First Amendment protects protesters at a funeral from liability for intentionally inflicting emotional distress on the family of the deceased

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37
Q

Limitations on Assembly

A

place, time and manner restrictions; need permit

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38
Q

NAACP v. Alabama

A

Supreme Court protected right to assemble peaceably when it decided the NAACP did not have to reveal its membership list and thus subject its members to harassment

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39
Q

DC v. Heller

A

held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home

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40
Q

probable cause

A

situation occurring when the police have reason to believe that a person should e arrested. in akin the arrest, police are allowed legally to search for and seize incriminating evidence

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41
Q

search warrant

A

written authorization from a court specifying the area to be searched and what the police are searching for

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42
Q

good faith exception

A

illegally obtained evidence can be used if the police who seized it mistakenly thought they were operating under a constitutionally valid warrant

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43
Q

plain view doctrine

A

clause to exclusionary rule; if in plain view police can use as evidence even without warrant

44
Q

exigent circumstances

A

if police suspect harm (screaming in house) they can enter without warrant

45
Q

Weeks v. US

A

created exclusionary rule

46
Q

exclusionary rule

A

the rule that evidence, no matter who incriminating, cannot be introduced into a trial if it was not constitutionally obtained

47
Q

Mapp v. Ohio

A

1961 Supreme Court decision ruling that the Fourth Amendment’s protection against unreasonable searches and seizures must be extended to the states as well as to the federal government; applied exclusionary rule to states

48
Q

USA Patriot Act

A

gave the government road new powers for the wiretapping, surveillance, and investigation of terrorism suspects; eased restrictions on domestic spying in counterterrorism operations; federal government has the power to examine a terrorist suspect’s 3rd party records; searches of private property without probable cause and without notice the owner until after the search has been executed

49
Q

Miranda v. Arizona

A

1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self incrimination and to protect their right to counsel

50
Q

Fifth Amendment

A

designed to protect the rights of persons caused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law

51
Q

Due Process

A

all of judicial process must be done

52
Q

Double Jeopardy

A

can’t try one for same crime twice

53
Q

Gideon v. Wainwright

A

1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer

54
Q

Sixth Amendment

A

designed to protect individuals accused of crimes; includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial

  1. Change of Venue
  2. Question Witnesses/supply
  3. Question Favorable Witnesses
  4. Face Accusers
  5. Lawyer/Own layer
  6. speedy, public trial by impartial jury of peers
  7. know charges
55
Q

Writ of Habeas Corpus

A

court order requiring jailers to explain to a judge why they are holding a prisoner in custody

56
Q

plea bargain

A

bargain struc between the defendant’s lawyer and prosecutor to the effect that the defendant will plead guilty to a lesser and/or fewer crime(s) in exchange for the state’s promise not to prosecute the defendant for a more serious/additional crime(s)

57
Q

terrorists’ rights

A

?

58
Q

Eighth Amendment

A

forbids cruel and unusual punishment, but doesn’t define it

59
Q

Furman v. Georgia

A

overturned Georgia’s death penalty law because the state imposed the penalty in a “freakish” and “random” manner

60
Q

Gregg v. Georgia

A

1976 Supreme Court decision that upheld the constitutionally of the data penalty, stating, “It is an extreme sanction, suitable to the most extreme of crimes.” The Court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment

61
Q

McCleskey v. Kemp

A

1987 decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than were White defendants

62
Q

Griswold v. Connecticut

A

various portions of the Bill of Rights cast “penumbras” (or shadows)–unstated liberties implied by the explicitly stated rights–protecting a right to privacy, including a right to family planning between husband and wife

63
Q

Roe v. Wade

A

1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional; forbade state control over abortions during the fist trimester of pregnancy, permitted states to limit abortions to protect the mother’s health in the second trimester, and permitted states to protect the fetus during the third trimester.

64
Q

Planned Parenthood v. Casey

A

1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of “strict scrutiny” of any restraints on a “fundamental right” to one of “undue burden” that permits considerably more regulation

65
Q

protections for women’s access to clinics

A

Court upheld 36 ft. buffer zone around a Florida abortion clinic; abortion clinics can sue antiabortion protest groups for damages

66
Q

14th Amendment

A

adopted after the Civil War: “No State shall make or enforce ay law which shall abridge the priceless or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

67
Q

Equal Protection clause

A

of the 14th amendment; emphasizing that the laws must provide equivalent “protection” to all people

68
Q

three levels of scrutiny

A

standards of review;

  1. race = inherently suspect/difficult to meet: is the classification necessary to accomplish a compelling governmental purpose and the least restrictive way to reach the goal?
  2. gender = intermediate standard/moderately difficult to meet: does the classification bear a substantial relationship to an important governmental goal?
  3. other (age, wealth, etc.) = reasonableness/easy to meet: does the classification have a rational relationship to a legitimate governmental goal?
69
Q

right to privacy

A

right to a private personal life free from the intrusion of government

70
Q

equal opportunity vs. equal results

A

American political culture includes equal opportunity but not equal results

71
Q

Scott v. Sanford

A

1857 Supreme Court decision ruling that a slave who had escaped to a free state enjoyed no rights a s a citizen and that Congress had no authority to ban slavery in the territories

72
Q

13th Amendment

A

ratified after Civil War; forbade slavery/involuntary servitude

73
Q

Jim Crow Laws

A

segregational laws; relegated African Americans to separate public facilities, school systems, restrooms, etc.

74
Q

Plessy v. Ferguson

A

1896 Supreme Court decision that provided a constitutional justification for segregation by ruling that a Louisiana law requiring “equal but separate accommodations for the White and colored races” was constitutional

75
Q

Brown v. Board

A

1954 Supreme Court decision holding that school segregation was inherently unconstitutional because it violated the Fourteenth Amendment’s guarantee of equal protection; marked end of legal segregation

76
Q

De Jure vs. De Facto

A

by law vs. in reality

77
Q

Civil Rights Act of 1964

A

law that made racial discrimination against any group in hotels, motels, and restaurants illegal and forbade many forms of job discrimination

78
Q

15th Amendment

A

constitutional amendment adopted in 1870 to extend suffrage to African Americans

79
Q

Grandfather Clause

A

exempted persons whose grandfather were eligible to vote in 1860 from taking literacy tests; allowed illiterate whites to vote

80
Q

Poll Taxes

A

small taxes levied on the right to vote that often fell due sat a time of year when poor A. A. sharecroppers and the least cash on hand; declared void by the 24th Amendment in 1944

81
Q

White Primary

A

one of the means used to discourage A.A. voting that permitted political parties in the heavily Democratic South to exclude A.A. from primary elections, thus depriving them of a voice in the real contests

82
Q

civil rights

A

policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals

83
Q

24th Amendment

A

declared poll taxes void in federal elections

84
Q

1965 Voting Rights Act

A

law designed to help end formal/informal barriers to A.A. suffrage; under law, hundreds of thousands of A.A. were registered

85
Q

Shelby County v. Holder

A

?;4B of Voting Rights Act is now void

86
Q

Native Americans

A

Dawes Act; NARF gets them hunting/land rights

87
Q

Hispanic Americans

A

!

88
Q

Hernandez v. Texas

A

1954 Supreme Court decision that extends protection against discrimination to Hispanics

89
Q

Asian Americans

A

!

90
Q

Korematsu v. US

A

1944 Supreme Court decision that upheld as constitutional the internment of more than 100,000 Americans of Japanese descent in encampments during World War II

91
Q

Arab Americans/Muslims

A

increased tax on them since 9/11; Congress made it illegal to give suspensions of writ of habeaus corpus because they

92
Q

The Doldrums: 1920-1960

A

?

93
Q

Equal Rights Amendment

A

introduced in Congress 1923, passed by Congress 1972: “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”

94
Q

Reed v. Reed

A

1971 case in which the Supreme Court first upheld a claim of gender discrimination

95
Q

Craig v. Boren

A

1976 ruling which established the “medium scrutiny” standard for determining gender discrimination

96
Q

1964 Civil Rights Act

A

banned gender discrimination in employment

97
Q

Virginia Military Institute

A

Supreme Court declared school’s categorical exclusion of women from education opportunities at the state-funded VMI violated women’s right to equal protection of the law; had to integrate

98
Q

comparable worth

A

issue raised when women who hold traditionally female jobs are paid less than men for working at jobs requiring comparable skill

99
Q

sexual harassment

A

?

100
Q

aging Americans

A

illegal to discriminate over 40, mandatory retirement,

101
Q

Americans with Disabilities Act

A

1990 law that requires employers and public facilities to make “reasonable accommodations: for people with disabilities and prohibits discrimination against these individuals in employment

102
Q

AIDS

A

not considered disabled

103
Q

DADT

A

Don’t Ask, Don’t Tell: policy that barred the Pentagon form asking military recruits or service personnel to disclose their sexual orientation, but reaffirmed the Defense Department’s strict prohibition against homosexual conduct

104
Q

Regents of the University of California v. Bakke

A

1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race

105
Q

Grutter v. Bollinger

A

2003; court upheld the University of Michigan law school’s use of race as one of many factors in admission; use was narrowly tailored and made individualistic, holistic reviews of applicants in a non mechanical fashion

106
Q

Adarand Constructors v. Pena

A

1995 Supreme Court decision holding that federal programs that classify people by race, even for an ostensibly benign purpose such as expanding opportunities for minorities, should be presumed to be unconstitutional

107
Q

reverse discrimination

A

less qualified individuals are hired or admitted to educational or training programs because of their minority status

Government (5 decks)

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