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Govt > Exam 2 > Flashcards

Exam 2 Flashcards

1
Q

What was the ruling in Barron v Baltimore (1833)?

A

Bill of Rights did not apply to the states but the national govt

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2
Q

What was the ruling in the slaughterhouse case? (3)

A

14th amendment only applied to former slaves

drafters of the 14 amendment did not intend to apply Bill of Rights to states

killed the privileges and immunities clause

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3
Q

What was the Gitlow v NY (1925) about? What type of due process was involved?

A

freedom of speech; substantive

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4
Q

What was the Near v Minn (1931) about? What type of due process was involved?

A

prior restraints (freedom of speech); substantive

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5
Q

What was Dejonge v Oregon (1937) about? What type of due process was involved?

A

freedom of assembly; substantive

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6
Q

What was Palco v Conn (1937) about? What type of due process was involved?

A

double jeopardy; procedural

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7
Q

What rule was established in the Mapp v Ohio (1961) case? What type of due process was involved?

A

exclusionary rule; procedural

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8
Q

What was Gideon v Wainwright (1963) about? What type of due process was involved?

A

right to counsel (lawyer) in felony case; procedural

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9
Q

What was Miranda v AZ (1966) about? What type of due process was involved?

A

right of someone to be told of their rights upon arrest; procedural

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10
Q

What was Benton v MD (1969) about? Which case did it overturn? What type of due process was involved?

A

double jeopardy; Palco v Conn; procedural

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11
Q

What happened in the Santa Fe (2005) case? Which clause did it violate?

A

prayer before game was found to still involve the school despite the claim of it being student led (coercion); establishment clause

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12
Q

What was the Kennedy (2022) case about? What was the ruling?

A

prayer by the team only; non-coercion

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13
Q

What was schenk v US (1920) about? What was the ruling?

A

freedom of speech; govt can restrict speech if the danger posed in “clear and present”

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14
Q

What kind of test did the Miller v CA (1973) case used? What were the categories?

A

3 pronged test
1. to the average person, apply community standards does material appear to prurient interest (sexual)
2. patently (obviously) offensive
3. lack scientific or artistic value

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15
Q

What was the ruling in Dennis v US (1951)?

A

limiting speech to protect national security is acceptable

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16
Q

What did the US v Emerson confirmed?

A

2nd amendment is an individual right and not a collective right

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17
Q

What is the idea behind fruit of a poisonous tree?

A

can’t make good evidence from bad evidence

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18
Q

What was the US v Miller (2001) case over?

A

collective right (2nd amendment)

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19
Q

What was the DC vs Heller case over?

A

individual right (2nd amendment)

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20
Q

Who are the Chief Justices we talked about? (from oldest to now)

A

Warren
Burger
Rehnquist
Roberts

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21
Q

Which one of the courts was liberal?

A

Warren

22
Q

Which one of the courts was moderate/liberal?

A

Burger

23
Q

Which one of the courts was moderate/conservative?

A

Rehnquist

24
Q

Which one of the courts was conservative?

A

Roberts

25
Q

What significant cases came from the Warren court? (2)

A

Mapp v Ohio
Miranda v AZ

26
Q

What significant case came from the Burger court?

A

Roe v Wade

27
Q

Were there any significant cases in Rehnquist court? Why?

A

No; more deferential to precedents than Roberts court; applied Stare Decisis (let decision stand)

28
Q

What can be said about the Roberts court?

A

less deferential to precedents than Rehnquist court

29
Q

What were the significant cases of the Roberts court?

A

Harring v US (2008)
Dobbs (2022)

30
Q

What was the Harring v US (2008) case about? What was the ruling?

A

due to cops negligence of not having an up to date search warrant, Harring went to jail for illegal possessions; exclusionary rule no applied

31
Q

What did the Dobbs (2022) case do?

A

overturned Roe v Wade; becomes a state issue

32
Q

What is the difference between civil rights and civil liberties?

A

civil rights - govt obligation to intervened in order to protect US citizens from illegal actions
civil liberties - protection from the govt/ govt can’t take these away

33
Q

What is the equal protection rights clause?

A

all citizens are protected equally from govt, govt agencies, and private individuals that provide public service

34
Q

What did the civil rights act (1875) do?

A

protected african americans from private and public discrimination

35
Q

What did the civil rights cases (1883) do?

A

ruled civil rights act as unconstitutional against private discrimination

36
Q

What came out of Plessey v Fergusen (1896)?

A

separate but equal; govt can discriminate

37
Q

What happened in Missouri Gaines (1938)?

A

colored students given scholarships to study out of state for law school

38
Q

What was Shelly v Kraemer (1946) about?

A

racial covenant (legal contract) that runs with land

39
Q

What happened in Sweatt v Painter (1950)?

A

UT law school for whites had better funding than law school for blacks

40
Q

What was the ruling from Brown v Board (1954)? What were the states response to the ruling?

A

separate but equal is inherently unequal; states were non-compliant

41
Q

What was the ruling of the civil rights act (1964)? (4)

A

title 2- no discrimination in public accomodations affecting interstate commerce
title 6- national govt must act against those who discriminate and receive federal funding
title 7- no discrimination in employment
title 9- no gender discrimination in education

42
Q

What did the Swann v Mecklenburg case (1971) brought about?

A

busing; forced defacto integration in schools

43
Q

What was the issue in Miliken v Bradley (1974)? What was the ruling?

A

middle class disliked busing; busing only applied to southern states

44
Q

What case was an example of affirmative action?

A

Swann v Mecklenburg

45
Q

What was the Regents v Bakke (1978) case about? What was the ruling?

A

medical school reserving 20 seats for minorities; affirmative action okay, but can’t use quotas anymore

46
Q

What was the California civil rights initiative (1996) case ruling?

A

bans all affirmative action in the states; started using point system

47
Q

What was the Gratz v Bollinger (2003) ruling?

A

no use of point system anymore; use more holistic process for admission

48
Q

What was the Gruter v Bollinger (2006) ruling?

A

highly holistic individual taken to account; race can be taken into account for admission

49
Q

What was the SFFA v Harvard (2023) ruling?

A

overturn affirmative action; can no longer take race into account

50
Q

What factors affect the low percentage of women in higher paying jobs? (4)

A

have children
have lower expectations on salaries
won’t relocate as compared to men
under different pressures than men

51
Q

Describe hispanic politics. What are the issues in this group?

A

less educated compared to whites; largest minority group; very diverse; associated with agriculture; fastest growing segment

lack wealth
lack of higher education
not voting

52
Q

What are the 3 things that came from the disabilities act (ADA) of 1990?

A

not denied employment if reasonable accomodations allows the job’s performance

not denied to access govt benefits

public accomodations must allow full access

Govt (3 decks)

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