exam 2.1 Flashcards
what is habeas corpus
a court order demanding an individual in custody be brought into court and shown the cause for detention
when was the bill of rights ratified
1791
what did the 4th amendment do
made sure that the bill of rights applied to organisations and people outside of the national government
five freedoms made in the first amendment
religion speech press assembly petition of government
what is selective incorporation
Process by which different protections in the Bill of Rights were incorporated into the 14th Amendment, thus guaranteeing citizens protections from state as well as national governments
what is the free exercise clause
First Amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses.
what are the three steps of the Lemon Test when it comes to church and state
•Government action permissible if•1. secular in purpose•2. neither promotes nor inhibits the practice of religion•3. no “excessive entanglement” with religion
what is meant by the term strict scrutiny
Requires a compelling interest when policies and practices clash with certain constitutional rights.
what is the test called that determines the extent to which freedom of speech is being exercised
clear and present danger test
what is meant by the term prior restraint
Effort by government to prohibit the publication of information or viewpoints. Generally viewed as a violation of 1st Amendment by the Court.
what is the focus of the 4th amendment
the idea that police can’t be too powerful, like they can’t force you to do anything without proper paperwork such as a warrant
what is the exclusionary rule
Generally, evidence obtained illegally cannot be used against a defendant in a criminal prosecution.
what is the focus of the 5th amendment
court stuff.
can’t be forced to testify
can’t be tried twice
innocent until proven guilty
what is the focus of the 6th amendment
fair trial of impartial jury
right to an attorney
what is the focus of the 8th amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
what are some famous cases that challenged the idea of the right to privacy
- Griswold v. Connecticut (1965)-Birth control
- Roe v. Wade (1973)- Abortion
- Lawrence v. Texas (2003) States not allowed to prohibit same sex activity between consenting adults
define civil rights
obligation imposed on government to take positive action to protect citizens from any illegal action of government or private citizens
define equality of condition
valuing equal economic status, housing, health care, and education and government services.
Seeks to provide all citizens with opportunities for participation in the economic system and public life but accepts unequal results.
when and where did the women’s suffrage movement begin
Begins in Seneca Falls Convention in 1848.
what and when was the plessy v ferguson case
Supreme Court case that permits racial segregation, separate but equal facilities are constitutional. Although in actual practice these facilities were frequently not equal.
(1896)
what is meant by the term de jure segregation
racial segregation mandated by laws and policies created by government.
what is meant by the term de facto segregation
segregation often presumed to occur for voluntary reason, but frequently a result of discriminatory actions.
what and when was the brown v board of education of topeka case
Supreme Court case that struck down “separate but equal” doctrine as fundamentally unequal. Overturns Plessy V. Ferguson.
what was significant about the 1971 case of Reed v Reed
First application of 14th Amendment to gender discrimination.
what were some key points that came out of the civil rights act of 1964
outlaws discrimination based on race, color, religion, or national origin.Includes public accommodations.
what were some key points that came out of the voting rights act of 1965
prohibits racial discrimination in voting. Includes Section 5 preclearance requirement for any voting changes for some jurisdiction.
what and when was the shelby v holder case
Declares Section 5 (preclearance for some jurisdictions) of the Voting Rights Act of 1965 unconstitutional because of outdated criteria.
(2013)
What and when was the Missouri ex. Rel. Gaines v. Canada, Registrar of the University of Missouri case
States that provide only one educational institution must allow African Americans and Whites to attend if there is no separate school for African Americans.
(1938)
what are the three levels of scrutiny for discrimination claims
rational basis test (let’s not get hasty here)
intermediate scrutiny (affects some government)
strict scrutiny test (unconstitutional)
define constituency
the residents in the area from which an official is elected.
define incumbency
holding the political office for which one is running (running for re-election)
what is the difference between a delegate and a trustee
Delegate -representative who votes according to the preferences of his or her constituency
Trustee –representative who votes based on what he or she thinks is best for his or her constituency.
qualifications to become a member of the house of reps
25y.o.
7 years a citizen
must be loyal to their state
qualifications to become a member of the senate
30.y.o.
9 years a citizen
who is the president of the senate?
mike pence
what is a president pro tempore
a fill-in VP, usually given to the most senior member of the majority party of the senate
what and when was the trial of baker v carr
Supreme Ct. case that says House districts must contain equal number of constituents, establishes “one person, one vote” rule
(1961)
what is a standing committee
permanent committee on particular subject
what is a subcommittee
specialized groups within standing committees.
what is a conference committee
committee of members of the House and Senate that iron out differences in similar measures that have passed both houses to create a single bill.
what is a filibuster
an unlimited debate in which one senator or a group of senators keeps talking without interruption unless three-fifths (60) of the chamber votes to end discussion.
what is a cloture
rule declaring the end of debate in the Senate, requires 60 votes.
what do i need to watch a youtube video on before the exam?
how a law is passed in congress
17th amendment
people could directly vote for state senators
what was the outcome of the 1961 Baker v Carr case
one vote one value idea was put into place with equal congressional districts
how many senators need to vote for ending a filibusting debate
60/100
