Exam #2 Flashcards
what is selective incorporation?
the ability of the fed gov to prevent its from creating laws violating constitutional rights of American citizens
what is the imminent lawless action (incitement test)?
requires the speech to have been intended to incite or produce imminent lawless action in order to punish the speaker
- think Trump
what is the Lemon Test?
three-part tests that determines when a law violates the Establishment Clause
what’s the right to privacy? why is it so contested?
the right of an individual to be left alone and make decisions freely, w/out the interference of others
- contested bc. it’s not explicitly said in the Constitution
Why is Roe v. Wade (1973) important?
expanded the right to privacy to include women’s right to have an abortion, balanced by the sts concern to protect the health of the woman and the potential of human life
Why was the Dobbs (2022) decision important?
overturned Roe v. Wade (1973) - DISGUTING :(
What amendment do Miranda Rights come from?
Criminal due process rights (4th, 5th, & 6th Amendments)
Define the 14th Amendment Equal Protection Clause
a government body may not deny people equal protection of its governing laws
Define the 15th Amendment
guaranteed that the right to vote could not be denied on “race, color, or previous condition of servitude”
What are/is black codes?
laws passed to enforce segregation and limit the power of Black voters (similar to Jim Crow laws)
What is a white primary?
a st primary election that restricts voting to whites only
What’s a poll tax? Why does it matter?
a tax levied as a prerequisite for voting
- used as a way to prevent black voters
Why is Plessy v. Ferguson (1896) important?
“separate but equal”, overturned by Brown v. Board of Education
What did the Civil Rights Act (1964) do?
banned discrimination in employment & public places by private individuals
What did the Voting Rights Act (1965) do?
selective incorporation: fed. gov. forced st govs to protect everyones vote
- end literacy tests everywhere
