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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
Q

Fighting words

A

Constitute violent acts and are not protected by 1st amendment.

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26
Q

Balancing doctrine

A

Freedom of speech must be balanced against other competing public interest at stake in particular circumstances.

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27
Q

Fundamental freedoms doctrine

A

The courts should scrutinize impinging laws.

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28
Q

Prior restraint doctrine

A

No censorship!!! Doesn’t prevent prosecution, however.

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29
Q

Limitations?

A

Yes! Commercial speech, and obscenity.

30
Q

Libel?

A

False statement defaming another person!

31
Q

Establishment of religion clause?

A

Keeps the gov from establishing any single religious practice as superior.

32
Q

Free exercise of religion clause?

A

Protects the right of individuals to practice their religion without gov influence.

33
Q

Separation of church from state doctrine?

A

A wall should separate the government from religious activity.

34
Q

Lemon test?

A
  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
Q

What types of protection are given to those who commit a crime?

A

Search and seizure

Immunity against self-incrimination

Legal counsel

Impartial jury

Double jeopardy

36
Q

Is the right of privacy in the BoR?

A

Not explicitly, however, it is implied by the 9th amendment

37
Q

Supreme Court on abortion?

A

Kinda all over the place…granted privacy, however.

38
Q

Baron v Baltimore?

A

Baron was pissed at road crews for dumping sand in is wharf.

Suggested that states amend their constitutions.

39
Q

Dred Scott v Sanford

A

Didn’t qualify as a person?

40
Q

Gitlow v. New York.

A

Court ruled that they couldn’t interfere with fundamental personal right of free speech.

41
Q

Scneck v US

A

Established clear and present danger after he sent out mailers opposing the draft.

42
Q

Abrams v US

A

Posed no threat.

43
Q

Stromberg v. California

A

Protects unpopular speech

44
Q

Chaplinsky v. New Hampshire

A

Stupid Jehovah’s Witness cussed out the cops. Threatening words are not protected.

45
Q

Texas v. Johnson

A

Flag burning is a protected expression.

46
Q

RAV v. City of St. Paul.

A

Protected speech against ethnic groups.

47
Q

Near v. Minnesota

A

Protected right to print distasteful material.

48
Q

New York Times v. US.

A

Pentagon papers.

49
Q

NAACP v. Bama.

A

Couldn’t be forced to turn over membership.

50
Q

Miller v. California

A

Established community standards. “Know it when I see it”

51
Q

New York Times v. Sullivan

A

False statement defaming another.

52
Q

Brad field v. Roberts.

A

Allowed subsidation of a catholic hospital that provided service to all patients.

53
Q

Emerson v. Board of education.

A

Can’t pass laws that aid a religion.

54
Q

Lemon v. Kurtzman

A

Can’t reimburse catholic schools.

55
Q

Meek v. Pittenger

A

More payment to religious schools.

56
Q

Can’t well v. Connecticut.

A

Can’t censor religious rights.

57
Q

Wisconsin v. Yoder

A

Amish folk don’t have to send their kids to school based on religious grounds.

58
Q

Oregon v. Smith

A

Just because it was religious, doesn’t mean it wasn’t an illegal practice.

59
Q

Mapp v. Ohio

A

Fake warrant and unconstitutionally acquired material.

60
Q

Miranda v. Arizona

A

Only evidence in the case was that he was coerced into saying he committed the crime.

61
Q

Gideon v. Wainwright

A

Too poor to have a lawyer.

Now we have right to legal counsel.

62
Q

Benton v. Maryland

A

States can’t try the same person for the same offense.

63
Q

Griswold v. Connecticut.

A

Supreme Court rules in favor of griswold, finding pseudo clauses of privacy.

64
Q

Bowers v. Hard wick

A

No sodomy!

65
Q

Lawrence v. Texas?

A

Court reverses sodomy rule, rules that under the 14th, it’s all good.

66
Q

Roe v. Wade

A

Basically ruled that abortion was at least a little private.

67
Q

Planned parenthood v. Casey

A

Upheld some Penn. regulations on abortions, but struck down others.

68
Q

Gonzales v. Carhart

A

Upheld ban on late term abortions.

69
Q

Reconstruction period?

A

Military presence in the south enforcing civil rights.

70
Q

Why did reconstruction end?

A

Hayes was elected.

71
Q

What new things did the south Do after reconstruction ended?

A

Literacy tests, white primaries, Jim Crow laws

Poly sci! (4 decks)

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