Exam 3 Part 1 Flashcards
1
Q
1st amendment
A
Revolves around freedom from government abuse.
- Freedom of speech
- Freedom of the press
- Freedom of Assembly
- Right to petition government
- Freedom of Worship
2
Q
Freedom of Speech
A
Protected under law to critique government.
3
Q
Freedom of Worship
A
Free Exercise Clause: Free to worship or not
Establishment Clause: government cannot establish a national religion.
4
Q
Freedom of Press
A
Right to know what is going on or to police government
5
Q
Freedom of Assembly
A
Right to gather peacefully: protest, religious service, soccer groups.
6
Q
Right to Petition Government
A
Calling/email government
7
Q
2nd Amendment
A
Rights for a regulated militia and individual people to form militias and to own guns.
8
Q
4th Amendment
A
Unreasonable search and seizure. Government needs a justifiable and specific reason and warrant to search your property.
9
Q
5th Amendment
A
Criminal Protections
- Grand Jury
- Double Jeopardy
- Self-Incrimination
- Due process of Law (national only)
- Takings Clause
10
Q
Right to Grand Jury
A
For capital and infamous trials; must be tried by jury.
11
Q
Double Jeopardy
A
Found innocent; cannot be tried again later
12
Q
Self-Incrimination
A
Do not have to testify against self; defendant does not have to testify.
13
Q
Due Process (national)
A
Cannot be sentenced without being processed
14
Q
Takings Clause
A
Government cannot take private property unless paid for it at current market value and it will be for the public.
15
Q
6th Amendment
A
- Fair and Speedy Trial
- Right to a Jury
- Right to know what you are accused of.
- Right to face accuser
- Right to defense
16
Q
Fair and Speedy Trial
A
Trial is soon after arresting; thrown out if witness or accuser dies.
17
Q
Right to a Jury
A
Tried by peers, fellow citizens
18
Q
Right to know what you are accused of
A
Habeas Corpus (if there’s a body, show me the body). Ppl being detained have the right to know what they are accused of.
19
Q
Right to face accuser
A
Can face accuser in court; know who is accusing you.
20
Q
Right to Defense
A
Right to try to prove you are innocent.
21
Q
8th Amendment
A
Criminal Protection. Protection from cruel and unusual punishment.
22
Q
9th Amendment
A
Check on government. Something not stated in Constitution, it goes back to the people.
23
Q
10th Amendment
A
Check on government. Something is not stated in the Constitution, it goes back to the states.
24
Q
12th Amendment
A
Separate ballot for president and vice president. [same??]
25
13th Amendment
Abolished slavery and indentured servitude
26
14th Amendment
1. Citizenship by birth.
| 2. Due Process (states)
27
Due Process (states)
Cannot be sentenced without being processed.
| Equal Protection Clause: Protect equally from abuses. i.e. witness protection program.
28
15th Amendment
Prohibition from denying a citizen the right to vote based on race, color, and previous servitude.
29
16th Amendment
Income Tax
30
17th Amendment
Direct election of senators
31
18th Amendment
Prohibition
32
19th Amendment
Right for women to vote.
33
20th Amendment
Presidential term limit -- Jan 20; Congress meet in January.
34
21st Amendment
Repeal of Prohibition
35
22nd Amendment
Presidential term limit; can only serve 10 years.
36
25th Amendment
Presidential Succession Fix. President -> vice president -> speaker of the house -> president proptem of senate => secretary of state -> cabinets -> department of homeland security
37
26th Amendment
18-Year-Olds can vote
38
27th Amendment
Congress cannot give self a raise w/o facing the voter
39
Privileges and Immunities Clause
Article 4 (states): Must treat citizens and non-citizens equally
40
Four major principals of US government rooted in the Constitution
Republicanism, separation of powers, checks and balances, federalism
41
Number of articles and amendments in the constitution
27 amendments; 7 articles + preamble
42
Full Faith and Credit Clause
Article 4 (states): must honor each other's laws
43
Equal Protection Clause
14th Amendment; requires the states to treat citizens equally under the law. Basis for the incorporation doctrine.
44
Enumerated Powers
Powers specifically granted to the government. Enumerated powers of Congress found in the first 17 clauses of Article I.
45
Preamble
Articles of Confederation okay; needed to do more. General welfare -> ppl help from government; whole/individual.
46
1st Article
Legislative branch. House of Reps (upper), Senate (lower). Rep for territories. Necessary and Proper Clause; Commerce Clause.
47
Necessary and Proper Clause
Gives Congress authority to do what is necessary and proper to run a country.
48
2nd Article
Executive branch. Cabinet structure. Natural-born US citizen; 35 age, live in US 14 years. Vesting and Take Care clause.
49
Vesting Clause
The authority for the president to enforce laws
50
Take Care Clause
Responsibility to enforce laws of Congress exactly how it states, and actually enforce it.
51
3rd Article
Judicial Branch; court justices; presidential make appointees, senate confirm
52
4th Article
States. Full Faith and Credit Clause. Privileges and Immunities Clause. Republican form of government.
53
5th Article
Two-Stage process for amending constitution
54
6th Article
Federal Powers; Supremacy clause
55
7th Article
Ratification for adopting the constitution
56
Supremacy Clause
State vs. national government; federal government wins out. in the 6th Article
57
Implied Powers
General powers suggested by the Constitution rather than specifically enumerated within it.
58
Overall Articles
```
Legislative
Executive
Judicial
State
Amendment
Supremacy
Ratification
```
59
Ex Post Facto Law
Government can't pass a law then charge you if you committed the now a crime before they government passed the law.
60
Federalism
Division of power between the national and state governments.
61
Cooperative Federalism
Encouragement of cooperation through resource provision; result of New Deal era.
62
Due Process (principal)
Principle that government must protect the legal rights of citizens. Grounded in the Bill of Rights.
63
Categorical Grant
Federal funding given to state and local governments for narrow purposes specified by the federal government
64
Coercive Federalism
States are dependent on federal government.
65
Dual Federalism
National and state governments working independently of each other.
66
Devolution
Delegation of power by the federal government to state and local governments.
67
Confederal System
Most power is at the states and local levels.
68
Unitary System
Power to govern resides at the top.
69
Federalist System
Power is split between state/local government and national government.
70
Compact Theory
States are sovereign political units that joined together in the new national government, but do NOT give up their status as sovereign, independent governments.
71
Bills of Attainder
Legislation declaring persons guilty of some crime and punishing them without trial
72
Brandenburg v. Ohio
Supreme Court decision requiring imminent lawless action before speech can be banned.
73
Unfunded Mandate
Federal standards/programs that require states to take particular actions but do not provide state governments with the funding to meet the requirements
74
What is the Miller Test
Supreme Court test for determining whether material is obscene.
75
Components of Miller Test
1. Appeals to Sexual Interest
2. Depicts sexual conduct in an offensive way.
3. Lacks serious literary, artistic, political, or scientific value
76
Mapp v. Ohio
Evidence found in violation of the 4th amendment cannot be used at trial
77
Civil Liberties
Found in Bill of Rights and protect the people from the power of the government. Negative Rights.
78
Civil Rights
The protection of citizens from discrimination by the government or private entities. Derived from the Due Process and Equal Protection Clause of the 14th Amendment. Positive Rights.
79
Strict Scrutiny
Toughest standard of review, used when laws discriminate on account of race, ethnicity, religion, or alien status
80
Miscegenation Laws
Banned the marriage of and sometimes sexual relations between people of different races.
81
Equal Outcome
Leveling the playing field to give the disadvantaged a greater chance of success.
82
Lawrence v. Texas (1998)
Sodomy laws on the books; struck down sodomy laws
83
ERA
“Equality of Rights under the law shall not be denied or abridged by the United States or any state on account of sex.”
84
Loving v. Virginia
1967. Ruled that banning marriages of people of different races was a violation of the 14th amendment.
85
Barron v. Baltimore
1833. Baltimore built a bigger wharf, but ruined Barron's dock. He sued, but amendment did not extend the Just Takings
86
Symbolic Speech
Non-verbal communication that purposefully and discernibly conveys a message to those viewing it
87
Incorporation
Process where Supreme Court applies the civil liberty provisions of the Bill of Rights to the state and local levels.
88
"Separate but equal"
Result of Plessy v. Ferguson (1896). Protected racially discriminatory policies well into the 20th century
89
Equality of Opportunity
Providing each individual the same chance to succeed.
90
Block Grant
Federal funding given to states to spend on general programs and services, with very few restrictions.
91
Jim Crow Laws
State and local laws in place between 1877 and the mid-1960s that mandated segregation in all public places.
92
Discrimination
Favoring one person over another, usually on irrelevant grounds such as race or gender
93
EEOC
Equal Employment Opportunity Commission: an independent federal agency charged with protecting equal employment rights
94
Americans with Disabilities Act
(1990) requires public and private employers to make “reasonable accommodations” to known physical and mental limitations of employees with disabilities and, if possible, to modify performance standards to accommodate an employee’s disability.
95
Miranda Rights
1. Right to remain silent
2. Must be informed that anything they say can be used against them
3. Have a right to an attorney if they cannot afford one
96
Miranda v. Arizona
(1963). Court ruled that persons held in custody must be advised of their rights before being questioned. Established Miranda Rights.
97
Prior Restraint
Government restrictions on freedom of the press that prevents material from being published
98
Lemon Test
A law must...
1. Have a secular legislative purpose
2. Not have the primary effect of either advancing or inhibiting religion.
3. Not result in an "excessive government entanglement with religion."
99
Affirmative Action
policies that promote equality of outcome by providing expanded educational and employment opportunities for members of a previously disadvantaged group.
100
Brown v. Board of Education of Topeka, Kansas
Supreme Court ruled that, in education, “separate is inherently unequal.”
101
Plessy v. Ferguson
This case yielded the “separate but equal” doctrine that protected racially discriminatory policies well into the 20th century.
102
Slander
False and/or damaging verbal statements.
103
Libel
Publishing false and damaging statements
104
Dred Scott v. Sanford
Supreme Court found that slaves were not citizens. Declared the Missouri Compromise to be an unconstitutional exertion of congressional power.
105
Votings Rights Act of 1965
Banned literacy, interpretation, and other such tests for voting.
106
Civil Rights Act of 1964
Created the EEOC, prevented hiring and firing by businesses on account of race, religion, sex, and national origin.
107
Stonewall Riots
Start of LGBTQ rights.
108
Compelling Interest
Method for determining the constitutionality of statute that restricts the practice of a fundamental right/distinguishes between people due to a suspect classification.
109
Nullification
When a state feels that a federal law violates the U.S. Constitution, they can invalidate it.
110
Initiative
A bill/law that starts with the people
111
Referendum
Government asks the people to vote on a bill.
112
Reserved Powers
Powers that are "reserved" for the states. Article 4.
113
Charter
Permission to form government by higher government. Nation -> states -> counties, etc.
114
Recall
people sign a petition to kick out elected official.
