Exam 1 Flashcards

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1
Q

Government

A

formal institutions and procedures through which people are ruled

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2
Q

Politics

A

Who get what and how?; a process for determining how power and resources are distributed in a society without recourse to violence

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3
Q

What are the three types of political systems?

A

authoritarian government; anarchy; democracy

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4
Q

Authoritarian Government

A

a system of rule in which the government recognizes no formal limits, but may be restrained by the power of other social institutions

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5
Q

Anarchy

A

a system in which there is no government or laws; does not exist

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6
Q

Democracy

A

a system of rule that permits citizens to play a significant part in the governmental process, usually the election of key public officials

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7
Q

What are the types of political-economic systems?

A

laissez-faire capitalism; regulated capitalism; social democracy; socialism

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8
Q

Laissez-Faire Capitalism

A

economics guided only by “free hand”

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9
Q

Regulated Capitalism

A

private ownership, but some governmental intervention

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10
Q

Social Democracy

A

mostly private ownership, but more extensive government control

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11
Q

Socialism

A

complete government ownership and control

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12
Q

What are the theories of Democracy?

A

elite; pluralist; participatory

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13
Q

Elite

A

role of citizens is simply to choose leaders

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14
Q

Pluralist

A

role of individual citizen participation is not as important as participation in groups which are active

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15
Q

Participatory

A

citizens participate on behalf of themselves

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16
Q

What did John Locke create and what did it state?

A

Social Contract Theory; inalienable rights predate government, citizens make the decision that government is necessary, citizens exchange rights for protections, government only has the power people ascribe to it

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17
Q

What type of government is America?

A

constitutional democracy; rare and recently established

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18
Q

What two important changes regarding government happened in the seventeenth century?

A

governments began to acknowledge formal limits on their power; government began to provide ordinary citizens with the vote as a formal voice in public affairs; mostly as a result of the Bourgeoisie

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19
Q

Representative Democracy

A

a government system that gives individual citizens the regular opportunity to elect government officials to represent them in decision making (the American nation)

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20
Q

Direct Democracy

A

a government system that allows individual citizens to vote directly on all laws and policies

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21
Q

In America the national government is _______________, but many states and localities practice _______________ through the use of referendums or ballot initiatives

A

Representative democracy; direct democracy

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22
Q

Political Culture

A

the broadly shared values, beliefs, and attitudes about how the government should function

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23
Q

Examples of Resources

A

tax revenues, gov jobs, laws

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24
Q

What are some of the tools of politics?

A

compromise and cooperation; discussion and debate; deal making; bargaining; etc

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25
Q

When is politics broken down?

A

when violence is used

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26
Q

Examples of American Politics

A

campaign trails; laws; deals; what happens in congress halls

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27
Q

Examples of American Government

A

constitution and institutions set up for the exercise of authority by American people over the people

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28
Q

Why can government exercise authority?

A

the people have consented to it/ recognized it as legitimate

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29
Q

Rules

A

can be thought of as the “how” in politics; directives that determine how resources are allocated and how collective action takes place; they determine how we try to get the things we want

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30
Q

Institutions

A

the “where” in politics; organizations where government power is exercised

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31
Q

Economics

A

concerned specifically with the production and distribution of societys wealth; material goods like toothpaste and housing or services like med-care and entertainment

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32
Q

(Pure) Capitalist Economy

A

economic system in which the market determines production, distribution, and price decisions; property is privately owned; relies on market/ supply and demand; government has no economic role; aka Laissez-Faire

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33
Q

Regulated Capitalism

A

United States; maintains capitalism and individual freedom but allows gov. to step in and regulate the economy to guarantee individual rights and procedural guarantee that the rules will work smoothly and fairly; when market crashes gov. comes in to help

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34
Q

Socialism

A

Soviet Union; economic system in which the state determines production, distribution, and price decisions and property is gov. owned; substantive guarantee not procedural guarantee

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35
Q

In socialism….

A

politics controls the distribution of all resources; state owns everything not individuals

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36
Q

Authoritarian System

A

ultimate power to the state rather than to the people to decide how they want to live their lives; people can not effectively claim rights against the state; people have no choice but to submit; ex) dictatorship, monarchy, fascism, oligrachy

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37
Q

Totalitarian

A

combines authoritarian gov. with a socialist economy; gov. controls every aspect of life

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38
Q

Anarchy

A

no government

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39
Q

Democracy

A

government is the people; gov. that vests power in the people; if individuals in a democracy feel their rights have been violated they have the right to ask the gov. to remedy the situation; based on popular sovereignty; there is no higher power than the people and the document establishing their authority

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40
Q

Citizens

A

in a democracy; possess certain rights or powers that the gov. can not limit; citizens also have obligations such as paying taxes, jury duty, and obeying the law

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41
Q

Social Contract

A

notion that society is based on an agreement between gov. and governed in which people give up some rights in exchange for the protection of others; citizens must consent to it

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42
Q

Republic

A

differs from democracy in that it employs representation and can work in a large state; we choose representatives instead of each person having direct say on laws and other things; decisions are made through representatives of the people

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43
Q

Immigrants

A

people who are citizens or subjects of another country who come here to live or work; immigrants are entitled to due process; can not be discriminated; can not vote

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44
Q

American Political Culture

A

our expectations focus on rules and process rather than results; fair rules but does not expect equal outcome; individualism (individuals, not gov. or society, are seen responsible for their own well being; democracy; equality; freedom

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45
Q

Democracy in America

A

representative democracy based on majority rule; fair way of making a decision

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46
Q

Freedom in America

A

freedom for the individual from restraint by the state

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47
Q

Equality in America

A

being treated the same; equal access to run the race but we dont expect to see them all win the same place

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48
Q

What are the two main ideologies in America?

A

Conservative and Liberals

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49
Q

Conservative

A

promote traditional social values, distrust of gov. action expect in matters of national security, resistance to change and maintain prescribed social order

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50
Q

Liberals

A

based on the potential process and change, trust in government, innovations as answers to social problems and expansion of visual rights and expressions

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51
Q

Benefits on being a Colonial Subject

A

settlement by British funded companies; protected by British Army and Navy; and secure market for agriculture products

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52
Q

How did the colonies see Britains taxes?

A

that the colonies were taxed without consent and infringed on their liberty; taxed without representation

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53
Q

Declaration of Independence

A

political document; created in 1776 by Thomas Jefferson; first part basically uses Locke’s ideas except replaced “property” with “the pursuit of happiness”; rest of document states how colononists rights were violated and social contract broken

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54
Q

Constitution

A

rules that establish a government

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55
Q

Articles of Confederation

A

the first constitution of the US (1777); created an association of states with weak central government; without a strong central gov. they were unable to provide the economic and political stability

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56
Q

Confederation

A

a system in which each state would retain almost all of its own power to do what it wanted; aka each state is sovereign and central gov. only deals with collective business of the states; individual states provided rights to citizens

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57
Q

Popular Tyranny

A

unrestrained power of the people

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58
Q

Constitutional Convention

A

assembly of 55 delegates in the summer of 1787 to recast the Articles of Confederation; the result was the US constitution

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59
Q

Federalism

A

a political system in which power is divided between the central and regional units; gives central gov. its own source of power (constitution) and also gives independent power to the states

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60
Q

Federalist

A

sided with new constitution and ratification and federalism

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61
Q

Antifederalist

A

strong state and weak central gov. opinion

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62
Q

Virginia Plan

A

created by James Madison; representation should be based on population; favoured large states

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63
Q

New Jersey Plan

A

representation should be equal; favored small states

64
Q

Great Compromise

A

kept a lot of Virginia Plan framework; provided two houses one based on population and the other each states gets the same amount

65
Q

Three Fifth Compromise

A

temporarily dealt with the issue of slavery; each slave would count as 3/5 of a person (every 5 slaves would count as 3 people)

66
Q

Legislative Branch

A

law making power; bicameral; house and senate; Article I of the constitution outlines this branch

67
Q

Executive Branch

A

“executes” the law or sees that they are carried out; President selected by electoral college; Article II of the Constitution outlines this branch

68
Q

Judicial Branch

A

Power to interpret the law and judge whether they have been broken; interpreter of the constitution; Article III establishes it

69
Q

Judicial Review

A

allows the supreme court to rule that an act of congress or the executive branch is unconstitutional

70
Q

Separation of Powers

A

legislative, executive, and judicial powers are not controlled/exercised by the same group of pople or person; so they do not abuse the power

71
Q

Checks and Balances

A

allows each of the branches to police the others, checking any abuses and balancing the powers of gov.

72
Q

How many votes were needed for ratification?

A

9 out of 13 states were needed

73
Q

The Federalists Papers

A

a series of essays written in support of the constitution to build support for its ratification

74
Q

The Bill of Rights

A

first 10 amendments of the constitution ; a listing of the protections against gov. infringement of individual rights gauranteed to citizens by the gov. itself; added as a compromise to ratify the constitution

75
Q

What literature helped fuel the revolution?

A

Hobbes, Locke, and Montesquie

76
Q

What was part of British’s reasoning for the taxes?

A

due to continuing British protection of the colonies during and after the French and INdian war

77
Q

What resulted in the Boston Tea Party?

A

The British Tea Act of 1773; which granted the East India Company the tea export monopoly

78
Q

What happened at the First Continental Congress?

A

America considered independence from Britain

79
Q

What did the Declaration of Independence say?

A

asserted that “unalienable rights” (including life, liberty, and the pursuit of happiness) could not be denied by the government and the attempted to identify and articulate the national unity principles

80
Q

Annapolis Convention

A

Fall of 1776; met with delegates from all states and resolved that commissioners would be sent to Philadelphia to devise a constituional revision that would meet the needs of the union

81
Q

Shay’s Rebellion

A

farmers rebellion against Massachusetts to prevent foreclosure of their debt-ridden land; led Americans to push for the Philadelphia Constitutional Convention because the central gov. had been unable to act devisively in a time of crisis

82
Q

What did the framers want the new government to do?

A

promote commerce, protect individual property, limit excessive democracy, promote widespread public support of the constitution and limit governmental power abuse

83
Q

Examples of Checks and Balances

A

presidential veto, power of Senate to approve presidential appointments, and judicial review of congressional enactments

84
Q

Senate

A

appointed by state legislatures (1913, 17th amendment changed this to direct voter election) for 6 year terms and staggered so that only one third of the senate changes in any given election

85
Q

What are some expressed congressional powers?

A

collecting taxes, borrowing money, regulating commerce, declaring war, and maintaining an army and navy; all other powers belong to the states unless otherwise included in the elastic or necessary and proper clause

86
Q

Executive Branch

A

article II of the constitution established a presidency; framers wanted an energetic executive to be capable of timely action to deal with public problems; also wanted the president to be somewhat independent from the people and other branches of gov

87
Q

What are some of the powers granted to the President?

A

recognize other countries, negotiate treaties (but acceptance of treaties is required by a 2/3 approval from Senate), grant reprieves and pardons, convene congress in special sessions, and veto congressional enactments

88
Q

Judicial Branch

A

Article III creates the Judicial branch; Justices have lifetime terms and are appointed by the President with approval of the senate

89
Q

What are some of the Judicial powers?

A

no direct mention is made in the constitution of a power eventually assumed by the Supreme court; judicial review

90
Q

What does Article IV do?

A

establishes reciprocity among states; states were prohibited from discriminating against the citizens of other states in favor of their own citizens; institutes national supremacy with the supremacy clause

91
Q

Supremacy Clause

A

laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision

92
Q

To amend the Constitution, what must happen?

A

must be approved by 2/3 of Congress and ratified by 3/4 of the states to be adopted

93
Q

What article set forth the ratification rules?

A

Article VII

94
Q

Who wrote the Federalist Papers?

A

Alexander Hamilton, James Madison, and John Jay

95
Q

What did Antifederalists say about representation?

A

representatives mist be a “true picture of the people” and favored more direct democracy which would not be possible to attain in such a large nation

96
Q

What did Federalists say about representation?

A

felt that it was not necessary for representatives to be exactly like those represented; the advantage of a representative gov. over a direct democracy was to choose representatives with superior qualifications than those possessed by the people

97
Q

What was the Antifederalists view of tyranny?

A

danger rested on the ability of the few to tyrannize the many

98
Q

What was the Federalists view of tyranny?

A

recognized the danger in tyranny by the majority, the tendency of majorities to trample on the rights and interests of other citizens

99
Q

What was the antifederalists view on gov.?

A

sought to enumerate the national power in relation to the states and the people

100
Q

What was the Federalists view on gov.?

A

favored a national gov. with broad powers capable of protecting and providing for the welfare of the people and the states; Federalists were aware of possible power abuse by the gov. but felt that the constitution had enough internal checks and balances to deter abuse; this led the Federalists to reject the Bill of Rights, but they would ultimately agree to it in order to assure ratification

101
Q

What are some of the solutions to the problem of how to protect individual liberty and still give the gov. the power it needs?

A

separated powers, internal checks and balances, federalism, and the Bill of Rights

102
Q

Devolution

A

the transfer of powers and responsibilities from the federal gov. to the states

103
Q

Enumerated Powers of Congress

A

congressional powers specifically named in the constitution

104
Q

Necessary and Proper Clause

A

constitutional authorization for congress to make any law required to carry out its power

105
Q

Concurrent Powers

A

power that are shared by the federal and state gov

106
Q

Dual Federalism

A

federal system where the national and state gov. are responsible for separate policy areas; they are self contained layers and carrying out functions independently

107
Q

Cooperative Federalism

A

federal system where the national and state gov. share responsibilities for most domestic policy areas; they are interdependent and need the cooperation of the other to get things done

108
Q

What does federalism mean/do?

A

forces the states to continually negotiate their relationships not only with the national gov. but also with each other; federalism leaves flexibility; means there is real power close to the citizens; federalism permits local prejudices to find their way into law

109
Q

What supreme court ruling confirmed the supremacy of the national gov. over state gov.?

A

McCulloch v. Maryland

110
Q

What did the civil war do for the future of US gov.?

A

a giant step towards a stronger national gov.

111
Q

What did the New Deal do?

A

relationship between national and state became more cooperative as the gov. became employer, provider, and insurer; sharp contrast to Laissez-Faire

112
Q

Categorical Grants

A

federal funds provided for a specific purpose and restricted by detailed instructions, regulations, and compliance standards ; preferred by congress/national gov

113
Q

Block Grants

A

federal funds provided for a broad purpose and unrestricted by detailed requirements and regulations; preferred by state gov.

114
Q

Unfunded Mandates

A

federal order mandating that states operate and pay for a program created at the national level

115
Q

What are the two ways that rights conflict?

A

individual rights conflict (ex: school prayer) and individual rights vs. the good of society (ex: drug laws)

116
Q

Incorporation

A

the supreme court action making the protections of the bill or rights applicable to the states

117
Q

Selective Incorporation

A

the incorporation of rights on a case-by-case basis

118
Q

14th Amendment

A

states must protect their citizens civil liberties; state can not deprive any person of life, liberty, or property without due process; cannot deny any person the equal protection of the law

119
Q

Gitlow v. New York

A

1925; some rights are so fundamental that they deserve protection by the states as well as the federal gov.

120
Q

Separationists vs. Accommodationists

A

Separationists: believe that a “wall” should be between church and state
Accomodationists: state should not separate from religion but rather should accomodate it without showing preference for one religion over the other

121
Q

Sherbert v. Verner

A

1963; businesses did not have the right to discriminate or fire an employee due to religious beliefs ??????

122
Q

What are the values of Freedom of Expression?

A

citizens can be informed about their gov. that is a free and independent source that is not corrupted by the gov. (informed citizenry); free speech can limit gov. corruption (we can check the gov. by investigating the gov. decisions and debate them; watchdog for the gov.); voice for the minority (censorship can allow the majority voice to be mainly heard); protection and/or preservation of the truth

123
Q

What tests are involved with the restrictions on Sedition?

A

bad tendency test; clear and present danger test; and imminent lawless action test

124
Q

Clear and Present Danger Test

A

rule used by the courts that allows language to be regulated only if it presents immediate and urgent danger

125
Q

Imminent Lawless Action Test

A

rule used by the courts that restricts speech only if it is aimed at producing or it likely to produce imminent lawless action

126
Q

Symbolic Speech

A

this has to do with an action that has a symbolic meaning or is an expression; ex) burning of the American flag; gov. has been more willing to restrict symbolic speech than actual speech; burning the flag is considered protected speech in the US

127
Q

Freedom of Assembly

A

the right of the people to gather peacefully and to petition the gov.

128
Q

Restricting of Obscenity/pornography

A

Miller test is used (rule that asks if the work depects or describes in a offensive way sexual conduct specifically defined by state law and whether the work lacks serious literary, artistic, political or scientific value)

129
Q

Fighting Words or Offensive Speech Protections

A

Threatening and provocative speech is protected unless it is likely to produce a clear and present danger of serious substantive evil that rises far above public inconvenience, annoyance or unrest; if it contains a political message it is protected

130
Q

Prior Restraint

A

a restriction on the press before its message is actually published; this is never done unless it is a time of war or situation where it is necessary

131
Q

Libel

A

the written defamation of character (verbal is called slander)

132
Q

When is libel protected?

A

libel is protected as long as the publication did not act with actual malice which means they had an evil intent when publishing

133
Q

Defense of the 2nd Amendment

A

hunting and other leisure activites are important part of american culture; gun ownership is necessary for self defense; citizens have the right to protect their family and property from a tyrannical gov.; not the gov. business to regulate gun use

134
Q

Opposition of the 2nd Amendment

A

say that guns rights has nothing to do with the 2nd amendement because it is referring to state militia; countries with stricter gun control have less violence and fewer gun deaths; none of the american rights such as speech is absolute

135
Q

Due Process of Law

A

the guarantee that laws will be fair and reasonable and that citizens suspected of breaking the law will be treated fairly

136
Q

4th Amendment

A

protects against unreasonable searches and seizures and requires probable cause to obtain a warrant

137
Q

Exclusionary Rule

A

the rule created by the supreme court that evidence illegally seized may not be used to obtain a conviction

138
Q

5th Amendment

A

provides for a number of protections for individuals, among them that no person shall be compelled in any criminal case to be a witness against himself; or self incrimination

139
Q

Miranda Rights

A

ruled by the Warren Court in Miranda v. Arizona; police had to inform suspects of their rights to remain silent and to have a lawyer present during questioning to prevent them from self incriminating themselves; resulted in the rights that police must say to you

140
Q

6th Amendment

A

the accused shall have the assistance of counsel for his defense

141
Q

Gideon v. Wainwright

A

1963; this resulted in the state having to provide an attorney for all criminal cases (except if there is more than one round of appeal)

142
Q

8th Amendment

A

protects against cruel and unusual punishment

143
Q

Furman v. Georgia

A

1972; has to do with cruel and unusual punishment; court ruled that Georgia’s and Texas’s capital laws were unconstitutional; resulted in states redoing their laws and trying to meet the courts objections (but the justices were split and filed separate opinions)

144
Q

McClesky v. Kemp

A

1987; has to do with cruel and unusual punishment; it brought up the race issue that black were more likely to receive a death penalty but the court was more conservative and did not rule in their favor

145
Q

Is the right to privacy in the Bill of Rights

A

no; but the court said that the 1st, 3rd, 4th, 5th, and 9th, amendment created a zone of privacy

146
Q

Griswold v. Connecticut

A

1965; has to do with the right to privacy and reproductive rights; Connecticut had a law preventing the use of contraceptive devices or to distribute information about them; court ruled it the law was unconstiution due to the right to privacy

147
Q

Roe v. Wade

A

1973; court ruled that the right to privacy did encompass the right to abortion; tried to balance womens right to privacy and the states interest in human life; divided it into three trimesters where the 1st has little state interest, 2nd has more state interest and 3rd has a lot of state interest

148
Q

Lawrence v. Texas

A

2003; has to do with the right to privacy and gay rights; overturned Bowers v. Hardwick which said that the state had a legitimate reason in regulating homosexual behavior

149
Q

Civil Rights

A

citizenship rights guaranteed to the people (primarily in the 13th, 14th, 15th, 19th, and 26th amendments) and protected by the gov.; basically meaning that gov. must treat all citizens equally, apply laws fairly, and not discriminate unjustly against certain groups of people

150
Q

Black Codes

A

a series of laws in the post-civil war south designed to restrict the rights of former slaves before the passage of the 14th and 15th amendments;

151
Q

Jim Crow Laws

A

southern laws designed to circumvent the 13th, 14th, and 15th amendments and to deny blacks rights on bases other than race; this basically meant to vote they started to require a poll tax most blacks were poor and could not afford it and there limited their vote but did not discrimate on the account of race

152
Q

NAACP

A

national association for the advancement of color people; aimed to help individual blacks; to raise white societys awareness of the atrocities; and to change laws and court rulings that kept blacks from true equality

153
Q

Brown v. Board of Education Cases

A

NAACP lawyers emphasized the intangible aspects of education and how it made black students feel to be made to go to seperate schools; cited sociolgical evidence and said that it made black children feel inferior; Warren court ruled that seperate schools could never be equal because it was segregation itself that made it unequal and thus segregation in education was unconstitutional

154
Q

Rosa Parks

A

she was arrested for not moving seats on the a bus; as a result there was a boycott against the Montgomery bus system and eventually the supreme court ruled that montgomerys law was unconstitutional and seperate bus accomodations were not equal; also demonstrated how peaceful protests were affective

155
Q

Affirmative Action

A

a policy of creating opportunities for members of certain groups as a substantive remedy for past discrimination; if a company did not have black employees they must actively recruit and hire blacks

156
Q

De Jure Discrimination

A

discrimination that arises from or is supported by the law; south

157
Q

De Facto Discrimination

A

discrimination that is not the result of law but rather tradition and habit; north