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political science > exam 2 > Flashcards

exam 2 Flashcards

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1
Q

What are civil liberties?

A

Freedoms granted by the U.S. constitution

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2
Q

What part of the Constitution was used to nationalize the Bill of Rights upon the states?

A

The 14th Amendment

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3
Q

What is the clear and present danger test?

A

Interpretation of the first amendment that says the government cannot interfere with speech unless the speech presents a clear and present danger that will lead to illegal acts

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4
Q

What freedoms are contained within the First Amendment?

A

Freedom of speech, press, assembly and religion

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5
Q

What is the Lemon test?

A

Used to determine when laws or practices violated the first amendment clause

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6
Q

What is the Establishment Clause?

A

prohibits the government from establishing a religion

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7
Q

What is the Free Exercise Clause?

A

protects citizens right to practice their religion as they please to

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8
Q

What did the Court decide in Engel v. Vitale?

A

they decided praying in school was unconstitutional

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9
Q

What did the Court decide in Texas v. Johnson?

A

ruled in favor of johnson

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10
Q

What is contained within the Second Amendment?

A

The right to bear arms

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11
Q

What is the exclusionary rule?

A

prevents the government from using most evidence gathered in violation of the United States Constitution

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12
Q

What did the Court decide in Mapp v. Ohio (1961)?

A

voted in favor of Mapp

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13
Q

What freedoms are contained within the 4th, 5th, 6th & 8th Amendments?

A

5th- protection against self-incrimination and double jeopardy
4th- protection against unreasonable search and seizure
6th- the right to a jury trial, to an attorney, and to confront witnesses
8th- protection against cruel and unusual punishment

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14
Q

What did the Court decide about the death penalty for minors and the mentally ill?

A

It found that they have diminished responsibility for their actions

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15
Q

What did the Court decide in Miranda v. Az. (1966) and Gideon v. Wainwright (1963)?

A

Ruled in favor of Miranda and they ruled in favor of Gideon

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16
Q

What did the Court decide in Gregg v. Ga (1976)?

A

Court decided his 8th and 14th amendments weren’t violated

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17
Q

What did the Court decide in Lawrence v. Texas (2003)?

A

Court decided same sex sexual activity was legal

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18
Q

What are equal rights (civil rights)?

A

the right of every person to equal protection under the laws and equal access to society’s opportunities and public facilities

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19
Q

What is contained within the 14th Amendment?

A

the 14th amendment declares it no state shall “deny to any person within its jurisdiction the equal protection of the laws.

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20
Q

What were Jim Crow (separate but equal) laws?

A

laws that were made to separate the whites and blacks in the south

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21
Q

What did the Court rule in Brown v. Board of Education (1954)?

A

the court invoked the 14th amendments equal-protection clause

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22
Q

What is strict scrunity?

A

which presumes that the law is unconstitutional unless the government can provide a compelling reason for it

23
Q

What is the reasonable (rational) basis test?

A

the courts require government only to show that a particular law is reasonable

24
Q

What is intermediate scrutiny?

A

Government must prove its classification is substantially related to an important government interest

25
Q

What is affirmative action?

A

refers to deliberate efforts to provide full and equal opportunities in employment, education, and other areas for members of traditionally disadvantaged groups

26
Q

What was significant about the Bakke (1978) case?

A

the court issued its first affirmative action ruling, holding that a California medical school had violated the equal-protection rights of Bakke

27
Q

What was important about Grutter/Gratz v. Bollinger (2003)?

A

the law school’s narrowly tailored use of race in admissions decision to further a compelling interest in obtaining the educational benefits that flow from a diverse student body is not prohibited by the equal protection clause

28
Q

What is de facto segregation?

A

the condition whereby historically disadvantaged groups have fewer opportunities because of prejudice and financial constraints

29
Q

What is de jure segregation?

A

which is discrimination based on law, as in the case of state laws requiring Black and White children to attend separate schools during the pre-brown period

30
Q

What is the fate of the Equal Rights Amendment?

A

it failed because not enough states ratified the amendment before the deadline set by congress

31
Q

What is contained within the 19th amendment?

A

the right of citizens of the united states to vote shall not be denied or abridged by the united states or by any state on account of sex

32
Q

Who was the first woman to serve on the U.S Supreme Court?

A

Sandra Day O’Connor

33
Q

What countries have the most women serving in their national legislature?

A

Sweden, Spain and Great Britain

34
Q

What did the Court decide in Mendez v. Westminster (1947)?

A

Ruled in favor of Mendez

35
Q

Who was Cesar Chavez?

A

He led the first successful farm workers union in American History

36
Q

Who was the first Hispanic person to serve on the U.S. Supreme Court?

A

Justice Sonya Sotomayor

37
Q

What did the Court decide in Lau v. Nichols?

A

They ruled 9-0 that they must provide non-english speaking students help in learning english

38
Q

What did the Court decide on Cobell v. Salazar (1996-2009)?

A

the case was settled for $3.4 billion in 2009. $1.4 was allocated to be paid to the plaintiffs and $2 billion allocated to repurchase fractionated land

39
Q

What did the Court decide in Obergefell v. Hodges?

A

the courts said the states must allow and recognize same-sex marriages under the due-process and equal protection clauses of the 14th amendment

40
Q

Does the Civil Rights Acts of 1964 apply to discrimination based upon sexual orientation?

A

it applies nationwide and protects employees from discrimination based on sexual orientation or gender identity regardless of state or local laws

41
Q

What are the pros and cons of affirmative action according to Steele and Kennedy?

A

Steele argues minorities should have more job training, better education and safer neighborhoods

42
Q

What was at issue in NFL v. Harjo (2003-present)

A

cancel federal trademarks involving the washington redskins, because it found that the marks “may disparage” Native Americans

43
Q

What is the Defense of Defense of Marriage Act of 1996?

A

no state shall be required to recognize a same-gender marriage performed in another state

44
Q

What was at issue on McDonald v. Chicago (2010)?

A

Chicago’s ban violated his second amendment right to keep and bear arms for the purpose of self defense

45
Q

What did the Supreme Court decide in Kennedy v. La. (2008)?

A

the 8th amendments cruel and unusual punishments clause prohibits imposing the death penalty for a crime where the victim did not die

46
Q

What does Stephen Manning argue about death sentences?

A

Black offenders who kill white victims are more likely to receive the death penalty

47
Q

Who was Jack Kevorkian?

A

an american physician and euthanasia proponent

48
Q

What was result of the last Jack Kevorkian trial?

A

he was found guilty

49
Q

In the Netherlands, can euthanasia be legally conducted?

A

Euthanasia in the Netherlands is regulated by the “Termination of Life on Request and Assisted Suicide” which was passed in 2001

50
Q

What did the U.S. Supreme Court decide regarding Oregon’s Assisted-Suicide law?

A

the U.S. supreme court upheld Oregon’s 1977 law allowing physicians to aid in the suicide of terminally ill adults

51
Q

What is at issue in the Mississippi abortion case, Dobbs v Jackson Women’s Health organization (2021)?

A

the 5th circuit struck down a mississippi law prohibiting abortion after the first fifteen weeks of pregnancy, except in cases of medical emergency or severe fetal abnormality

52
Q

What did the Supreme Court decide in Caniglia v. Strom (2021)?

A

warrantless searches and seizures of homes exceed the authority of police officers pursuant to any so-called community care taking duties

53
Q

What is involved in Fulton v. philadelphia (2023)?

A

the court found that Philadelphia was allowed to prohibit discrimination by its contracted agencies

54
Q

What is at issue in the most recent affirmative action case before the Supreme Court?

A

Students for Fair Admissions (sffa), a group whose members believe that racial classifications and preferences in college admissions are unfair, unnecessary and unconstitutional

political science (1 decks)

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