Exam 2 Flashcards
Areas of personal freedom constitutionally protected from government interference, three major areas
Civil liberties
First ten amendments defining personal freedoms of the constitution added by antifederalists. Contains concerns for individual rights.
Bill of rights
One of three areas of civil liberties, established the three exercise clause. Says congress shall make no law respecting an establishment of religion to create a wall of separation between church and state. Press and assembly
First amendment rights
A part of the first amendment. Establishment clause and free exercise clause. Congress cannot favor a religion
Freedom of religion
The first amendment clause that says congress shall make no law respecting an establishment of religion. Wall of separation of church and state, Congress cannot establish an official religion or favor one over another.
Establishment clause
A case of establishment clause, argued the prayer said in classroom was not a prayer the child would hear at home and was therefore a violation of the child’s freedom of religion. Banned led prayer in public schools
Engel v Vitale
First amendment clause that protect’s a citizens right to believe and practice whatever religion he or she chooses.
Free exercise clause
prohibit the federal government from burdening a person’s free exercise of religion. prohibits any agency, department, or official of the United States or any State (the government) from substantially burdening a person’s exercise of religion … except that the … burden to the person: (1) furthers a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.”
Religious freedom restoration act
Protected under the first amendment, allows people and the press to report without government intervention
Freedom of speech
consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing armbands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public ordeR
Symbolic speech
speech relating to the state, government, body politic, or public administration as it relates to governmental policy‑making, and the term includes speech by the government or candidates for office and any discussion of social issues.
Political speech
public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation
Hate speech
Speech that directly incites damaging conduct
Fighting words
the rights of students to “speak”, which may include the right to do or say something in a school setting – such as protest against actions that violate legally-protected rights – but may also include symbolic speech actions such as the wearing of armbands or graphic tees.
Student speech
refers to any speech which promotes at least some type of commerce. As established in Central Hudson v. Public Svn. Comm’n, commercial speech is less protected under the First Amendment than other forms of speech.
Commercial speech
is a landmark decision by the Supreme Court of the United States in which the Court held that speech made in a public place on a matter of public concern cannot be the basis of liability for a tort of emotional distress, even if the speech is viewed as offensive or outrageous. Westboro Baptist Church protesting a funeral
Snyder v phelps
Speech accompanied by conduct such as sit ins, picketing, and demonstration; protection of this form of speech under the first amendment is conditional
Speech plus
areas on college campuses and at certain public events, such as political conventions, specifically designated for protesters and demonstrators to exercise their right to freedom of speech
Speech zones
First amendment right, we have a right to inform
Freedom of the press
Burden on government to have no censorship from the press. Pentagon papers, court ruled the NYT had the right to publish
Prior restraint
Written statements proven to be false and meant to harm one’s reputation. Must be proven to be false and harmful
Libel
Spoken statements proven to be false and meant to harm one’s reputation
Slander
An action, freedom to associate in a democracy to organize for political, social means
Freedom of assembly
Wanted to do voter registration in Alabama and had to register with the state, who wanted a list of members. Won the case and decided any group had the right to keep their membership private
NAACP v Alabama
Small community outside Chicago populated by holocaust survivors. Skinhead group wanted to march on the anniversary of Crystal Night, the community tried to block. Won the right to march: a group cannot be banned from exercising freedom of assembly
Skokie case
4th-8th amendments, against cruel and unusual punishments
Defendant’s rights
Protects against unreasonable search and seizures by the government
Fourth amendment
Prevents criminals from testifying if they will incriminate themselves by testifying
Fifth amendment
guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
Sixth amendment
ensures that citizens’ civil cases can be heard and decided upon by a jury of their peers. The jury trial provides a forum for all the facts to be presented, evaluated impartially and judged according to the law.
Seventh amendment
Cruel and unusual punishment/excessive bail
Eighth amendment
No constitutional definition, not in bill of rights. Interpreted on a case by case basis
Right to privacy
Based on the notion of liability, grants a woman the right to choose up to 24 weeks. Government has no right to restrict abortion at that stage.
Roe v Wade
the Supreme Court ruled that a state’s ban on the use of contraceptives violated the right to marital privacy. The case concerned a Connecticut law that criminalized the encouragement or use of birth control.
Griswold v Connecticut
Obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies and private citizens.
Civil rights
By fact, refers to practices that occur when there is no legal enforcement
De facto discrimination
By law, refers to legally enforced practices like school segregation
De jure
Abolished slavery
13th amendment
Citizenship amendment
14th amendment
Extended voting rights to black men, who often still couldn’t vote due to regional problems
15th amendment
If they missed a payment for an election, they would have to pay twice at next. An obstacle on voting
Poll tax
If your grandfather couldn’t vote before 1870, you can’t vote after 1870. Obstacle to voting
Grandfather clause
Prove you could read and write, was not given to white men. Obstacle to voting
Literacy tests
Extended voting rights to women
19th amendment
1964, congressional law banned discrimination based on race in public accommodations, public transport, employment
Civil rights act
1965, banned all tests for voting. One person one vote, only required citizenship, proof of state residency, 18 or older, no felony conviction. Created a list of states to keep an eye on
Voting rights act
Practice of segregating neighborhoods by designating white communities and black. Even if a black person could afford to buy a White House, legally they couldn’t. Legacy of owning a home
Redlining
Government programs that seek to redress past injustices against groups by making efforts to provide educational and employment opportunities
Affirmative aciton
1970, civil rights act went back to congress for funding. Gave legislatures the opportunity to expand the act, extended gender as a protected class
Title seven
1972, banned gender discrimination in education, focus changed to women’s athletic programs. By the 1990s schools could be liable for monetary programs
Title nine
Justification; stealing jobs from men, expected women didn’t provide for families, weren’t doing the same work, seen as more expensive
Comparable worth
Treaty of Guadalupe hidalgo expanded US territory into Mexico, making them Mexican Americans. Treaty granted citizenship but faced discrimination, with segregated schools and others. Focus on voting rights and trying to turn them to one side
Latinx and civil rights
Not eligible to become citizens, Chinese exclusionary act. Segregated schools and Japanese internment
Asian Americans and civil rights
1990 act that guaranteed equal employment rights and access to public businesses, and prohibited discrimination in housing, employment, and health care for disabled people
ADA
Delays the deportation of people who immigrated to the US as children, isn’t automatic and has to be applied for
Deferred action for childhood arrivals
Courts defined tribes as a separate nation and noncitizens, didn’t own land they lived on. Indian removal act created the reservation system, later granted US citizenship and the American Indian movement used protests to raise awareness.
Native Americans and civil rights
Movement drew attention in 1969 with the stonewall riot, legalized privacy with Lawrence v Texas and then same sex marriage with Obergefell v Hodges
LGBTQ and civil rights
Court ruled in 2015 that the equal protection clause guaranteed same sex couples the right to marry
Obergefell v Hodges
a cohesive set of beliefs that forms a general philosophy about a government. Answering the question “what should be the role of government
political ideology
limited government only taking the role of security, liberties, and private property, along with very few basic public goods. Support for unregulated capitalism and belief in equality in opportunity. Focus on self initiative and self alliance
conservatism
Instead of no government, minimal government. There to provide security and law/order. Protects freedoms, liberty, and private property. Not there to provide public goods and services. John Locke
Libertarianism
Active government in security, defense, liberties, and private property, along with public goods and services. Supports the free market but believes the government needs to correct the imperfections (regulations, redistribution of wealth). Equality of results, affirmative action
liberalism
more active government, equality has to be greater than liberty. Public sector is greater than the private sector. Universal healthcare
socialism
introduction of individuals into the political culture, learning the underlying beliefs and values on which the political system is based
political socialization
social institutions, including families and schools, that help to shape individual’s basic political beliefs and values
agents of socialization
distinctive pattern of voting behavior reflecting the differences in views between women and men
gender gap
helps the government by shaping the political agenda and identify what issues need to be addressed. Formed through both formal and informal institutions to shape our opinions.
public opinion
Instruments for measuring public opinion. Tracking, push, and exit
public opinion polls
Tend to be related to elections to push ones opinion from one candidate to another. Point is to make someone change their preference. “Would you support candidate A if”, doesn’t have to be truthful
push poll
a method used by pollsters to select a representative sample in which every individual in the population has an equal probability of being selected as a respondent
simple random sample
no poll is fully accurate, typically plus or minus two percent. Must be evaluated for accuracy
margin of error
the effect that results when respondents in a survey report what they expect the interviewer wishes to hear rather than what they believe
social desirability effect
considered to be the most accurate, come up after people already voted. They already made up their minds, no incentive to sabotage the polls
exit polls
asking the same questions over time, measures shifts and fluctuations in public opinion. Approval rating, direction of the country, etc
tracking polls
originated in Schenck v. the United States. The test says that the printed or spoken word may not be the subject of previous restraint or subsequent punishment unless its expression creates a clear and present danger of bringing about a substantial evil.
clear and present danger test
unanimous Supreme Court, in an opinion by Justice Oliver Wendell Holmes Jr., concluded that Charles Schenck, who distributed flyers to draft-age men urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense. The First Amendment did not protect Schenck
Schneck v US
a form of judicial review that courts use to determine the constitutionality of certain laws. Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination.
Strict scrutiny
A man born into slavery who left to a free state to be free. Lost the case and established “once a slave, always a slave”
Dred Scott v Sanford
