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Poly sci! > Exam 3 > Flashcards

Exam 3 Flashcards

1
Q

Civil LIBERTIES

A

Protections FROM government

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2
Q

Civil RIGHTS

A

Protections provided BY the government.

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3
Q

Prior to the bill of rights, where did liberties come from?

A

Some state constitutions

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4
Q

When did the constitution support civil liberties?

A

1790, with the Bill of Rights.

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5
Q

Bill of rights?

A

The civil rights mentioned in the constitution.

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6
Q

1st amendment?

A

Freedom of…

Religion
Speech
Press
Assembly

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7
Q

2nd amendment

A

Militia

Bear arms

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8
Q

3rd amendment

A

No quartering soldiers (primarily for British troops)

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9
Q

4th amendment

A

Protection from unreasonable search and seizure.

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10
Q

5th amendment?

A

Indictment by grand jury, double jeopardy, testify against self, due process.

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11
Q

6th amendment

A 
Speedy trial
 Impartial jury of peers
  Informed of accusation
   Right to face accuser
    Compel witnesses
     Right to counsel
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12
Q

7th amendment

A

Right to trial in civil cases.

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13
Q

9th amendment

A

Enumeration in constitution does not dent other rights, retained by the people.

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14
Q

10th amendment

A

Powers not delegated to federal government retained by the states or the people.

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15
Q

Did the BoR originally apply to the states?

A

Nope!

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16
Q

Selective incorporation?

A

Some states didn’t use the entire bill of rights.

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17
Q

What are the civil war amendments?

A

13th-15th amendments.

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18
Q

13th amendment

A

Abolished slavery

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19
Q

14th amendment

A

Citizenship to all persons born or naturalization in the United States, due process.

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20
Q

15th amendment

A

Gives right to vote to all adult male citizens

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21
Q

What is the significance of the 14th amendment?

A

It gave the Supreme Court the ability to apply the BoR to the states.

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22
Q

Due process?

A

Needing support of the law to do so.

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23
Q

Are there any amendments not selectively incorporated?

A

3rd, 5th, 7th, 8th.

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24
Q

Clear and present danger?

A

People have complete freedom of speech unless the speech endangers the nation.

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25
Fighting words
Constitute violent acts and are not protected by 1st amendment.
26
Balancing doctrine
Freedom of speech must be balanced against other competing public interest at stake in particular circumstances.
27
Fundamental freedoms doctrine
The courts should scrutinize impinging laws.
28
Prior restraint doctrine
No censorship!!! Doesn't prevent prosecution, however.
29
Limitations?
Yes! Commercial speech, and obscenity.
30
Libel?
False statement defaming another person!
31
Establishment of religion clause?
Keeps the gov from establishing any single religious practice as superior.
32
Free exercise of religion clause?
Protects the right of individuals to practice their religion without gov influence.
33
Separation of church from state doctrine?
A wall should separate the government from religious activity.
34
Lemon test?
1. The statute must have secular legislative purpose. 2. Primary effect can't advance or inhibit religion 3. The statue must not foster entanglement between religion and government.
35
What types of protection are given to those who commit a crime?
Search and seizure Immunity against self-incrimination Legal counsel Impartial jury Double jeopardy
36
Is the right of privacy in the BoR?
Not explicitly, however, it is implied by the 9th amendment
37
Supreme Court on abortion?
Kinda all over the place...granted privacy, however.
38
Baron v Baltimore?
Baron was pissed at road crews for dumping sand in is wharf. Suggested that states amend their constitutions.
39
Dred Scott v Sanford
Didn't qualify as a person?
40
Gitlow v. New York.
Court ruled that they couldn't interfere with fundamental personal right of free speech.
41
Scneck v US
Established clear and present danger after he sent out mailers opposing the draft.
42
Abrams v US
Posed no threat.
43
Stromberg v. California
Protects unpopular speech
44
Chaplinsky v. New Hampshire
Stupid Jehovah's Witness cussed out the cops. Threatening words are not protected.
45
Texas v. Johnson
Flag burning is a protected expression.
46
RAV v. City of St. Paul.
Protected speech against ethnic groups.
47
Near v. Minnesota
Protected right to print distasteful material.
48
New York Times v. US.
Pentagon papers.
49
NAACP v. Bama.
Couldn't be forced to turn over membership.
50
Miller v. California
Established community standards. "Know it when I see it"
51
New York Times v. Sullivan
False statement defaming another.
52
Brad field v. Roberts.
Allowed subsidation of a catholic hospital that provided service to all patients.
53
Emerson v. Board of education.
Can't pass laws that aid a religion.
54
Lemon v. Kurtzman
Can't reimburse catholic schools.
55
Meek v. Pittenger
More payment to religious schools.
56
Can't well v. Connecticut.
Can't censor religious rights.
57
Wisconsin v. Yoder
Amish folk don't have to send their kids to school based on religious grounds.
58
Oregon v. Smith
Just because it was religious, doesn't mean it wasn't an illegal practice.
59
Mapp v. Ohio
Fake warrant and unconstitutionally acquired material.
60
Miranda v. Arizona
Only evidence in the case was that he was coerced into saying he committed the crime.
61
Gideon v. Wainwright
Too poor to have a lawyer. Now we have right to legal counsel.
62
Benton v. Maryland
States can't try the same person for the same offense.
63
Griswold v. Connecticut.
Supreme Court rules in favor of griswold, finding pseudo clauses of privacy.
64
Bowers v. Hard wick
No sodomy!
65
Lawrence v. Texas?
Court reverses sodomy rule, rules that under the 14th, it's all good.
66
Roe v. Wade
Basically ruled that abortion was at least a little private.
67
Planned parenthood v. Casey
Upheld some Penn. regulations on abortions, but struck down others.
68
Gonzales v. Carhart
Upheld ban on late term abortions.
69
Reconstruction period?
Military presence in the south enforcing civil rights.
70
Why did reconstruction end?
Hayes was elected.
71
What new things did the south Do after reconstruction ended?
Literacy tests, white primaries, Jim Crow laws

Poly sci! (4 decks)

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