exam 2 Flashcards
What are civil liberties?
Freedoms granted by the U.S. constitution
What part of the Constitution was used to nationalize the Bill of Rights upon the states?
The 14th Amendment
What is the clear and present danger test?
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
What freedoms are contained within the First Amendment?
Freedom of speech, press, assembly and religion
What is the Lemon test?
Used to determine when laws or practices violated the first amendment clause
What is the Establishment Clause?
prohibits the government from establishing a religion
What is the Free Exercise Clause?
protects citizens right to practice their religion as they please to
What did the Court decide in Engel v. Vitale?
they decided praying in school was unconstitutional
What did the Court decide in Texas v. Johnson?
ruled in favor of johnson
What is contained within the Second Amendment?
The right to bear arms
What is the exclusionary rule?
prevents the government from using most evidence gathered in violation of the United States Constitution
What did the Court decide in Mapp v. Ohio (1961)?
voted in favor of Mapp
What freedoms are contained within the 4th, 5th, 6th & 8th Amendments?
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
What did the Court decide about the death penalty for minors and the mentally ill?
It found that they have diminished responsibility for their actions
What did the Court decide in Miranda v. Az. (1966) and Gideon v. Wainwright (1963)?
Ruled in favor of Miranda and they ruled in favor of Gideon
What did the Court decide in Gregg v. Ga (1976)?
Court decided his 8th and 14th amendments weren’t violated
What did the Court decide in Lawrence v. Texas (2003)?
Court decided same sex sexual activity was legal
What are equal rights (civil rights)?
the right of every person to equal protection under the laws and equal access to society’s opportunities and public facilities
What is contained within the 14th Amendment?
the 14th amendment declares it no state shall “deny to any person within its jurisdiction the equal protection of the laws.
What were Jim Crow (separate but equal) laws?
laws that were made to separate the whites and blacks in the south
What did the Court rule in Brown v. Board of Education (1954)?
the court invoked the 14th amendments equal-protection clause
What is strict scrunity?
which presumes that the law is unconstitutional unless the government can provide a compelling reason for it
What is the reasonable (rational) basis test?
the courts require government only to show that a particular law is reasonable
What is intermediate scrutiny?
Government must prove its classification is substantially related to an important government interest
What is affirmative action?
refers to deliberate efforts to provide full and equal opportunities in employment, education, and other areas for members of traditionally disadvantaged groups
What was significant about the Bakke (1978) case?
the court issued its first affirmative action ruling, holding that a California medical school had violated the equal-protection rights of Bakke
What was important about Grutter/Gratz v. Bollinger (2003)?
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
What is de facto segregation?
the condition whereby historically disadvantaged groups have fewer opportunities because of prejudice and financial constraints
What is de jure segregation?
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
What is the fate of the Equal Rights Amendment?
it failed because not enough states ratified the amendment before the deadline set by congress
What is contained within the 19th amendment?
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
Who was the first woman to serve on the U.S Supreme Court?
Sandra Day O’Connor
What countries have the most women serving in their national legislature?
Sweden, Spain and Great Britain
What did the Court decide in Mendez v. Westminster (1947)?
Ruled in favor of Mendez
Who was Cesar Chavez?
He led the first successful farm workers union in American History
Who was the first Hispanic person to serve on the U.S. Supreme Court?
Justice Sonya Sotomayor
What did the Court decide in Lau v. Nichols?
They ruled 9-0 that they must provide non-english speaking students help in learning english
What did the Court decide on Cobell v. Salazar (1996-2009)?
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
What did the Court decide in Obergefell v. Hodges?
the courts said the states must allow and recognize same-sex marriages under the due-process and equal protection clauses of the 14th amendment
Does the Civil Rights Acts of 1964 apply to discrimination based upon sexual orientation?
it applies nationwide and protects employees from discrimination based on sexual orientation or gender identity regardless of state or local laws
What are the pros and cons of affirmative action according to Steele and Kennedy?
Steele argues minorities should have more job training, better education and safer neighborhoods
What was at issue in NFL v. Harjo (2003-present)
cancel federal trademarks involving the washington redskins, because it found that the marks “may disparage” Native Americans
What is the Defense of Defense of Marriage Act of 1996?
no state shall be required to recognize a same-gender marriage performed in another state
What was at issue on McDonald v. Chicago (2010)?
Chicago’s ban violated his second amendment right to keep and bear arms for the purpose of self defense
What did the Supreme Court decide in Kennedy v. La. (2008)?
the 8th amendments cruel and unusual punishments clause prohibits imposing the death penalty for a crime where the victim did not die
What does Stephen Manning argue about death sentences?
Black offenders who kill white victims are more likely to receive the death penalty
Who was Jack Kevorkian?
an american physician and euthanasia proponent
What was result of the last Jack Kevorkian trial?
he was found guilty
In the Netherlands, can euthanasia be legally conducted?
Euthanasia in the Netherlands is regulated by the “Termination of Life on Request and Assisted Suicide” which was passed in 2001
What did the U.S. Supreme Court decide regarding Oregon’s Assisted-Suicide law?
the U.S. supreme court upheld Oregon’s 1977 law allowing physicians to aid in the suicide of terminally ill adults
What is at issue in the Mississippi abortion case, Dobbs v Jackson Women’s Health organization (2021)?
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
What did the Supreme Court decide in Caniglia v. Strom (2021)?
warrantless searches and seizures of homes exceed the authority of police officers pursuant to any so-called community care taking duties
What is involved in Fulton v. philadelphia (2023)?
the court found that Philadelphia was allowed to prohibit discrimination by its contracted agencies
What is at issue in the most recent affirmative action case before the Supreme Court?
Students for Fair Admissions (sffa), a group whose members believe that racial classifications and preferences in college admissions are unfair, unnecessary and unconstitutional
