Exam 4 Review Flashcards
What is Selective Incorporation?
Protections of the Bill of Rights apply to state gov. through the 14th admendments due process clause. Applied on case-by-case basis
What are the three prongs of the Lemon Test?
- Secular purpose
- Primary effect that neither advances nor inhibits religion
- Must foster no excessive entanglement between church and state
What is the Historical Practices and Tradition” test?
Court weighs constitutional questions according to how they might have been decided in centuries past
Who developed the “Endorsement Test,” what was the SCOTUS decision, and to what is it applied?
Introduced by Justice Sandra Day O’Connor, Allegheny County v. ACLU (1989), about religion in public places
(perspective of the unbiased observer)
When may the government restrain the free exercise of religion?
When religious practices interfere with public policy
What is the “Blaine Amendment”?
The Blaine Amendment was aimed to prevent public funds from supporting religious schools
What does Substantive Due Process apply to?
Fundamental rights protected by substantive due process are not explicitly listed in the Bill of Rights but are the penumbra of certain amendments that refer to or assume the existence of such rights that are determined by the courts to be deeply rooted in the U.S. history and tradition and evolving social norms.
Where did the maxim, “a wall of separation between church and state” originate?
Thomas Jefferson’s letter to the Danbury Baptists
Everson v Board of Education (1947)
Question asked: Was public transportation for private school kids constitutional? Court ruled it was not a violation of the establishment clause.
NY Times v. U.S. (1971)
Since the publication did not prohibit the safety of the American Forces prior restraint was unjustified.
Palko v Connecticut (1937)
only the fundamental provisions of (e.g. freedom of religion, speech, the press, etc…) are absorbed into the due process clause and applicable to the states.
Texas v Johnson (1989)
Burning the American flag is protected by constitution. Remember protection of symbolic speech.
Schenck v. U.S. (1919)
Speech may not be allowed when in presents danger. Idea of clear and present danger.
Griswold v. Connecticut (1965)
Right to privacy. 1st amendment - Right of Association, 3rd amendment - No quartering troops, 4th amendment - no unreasonable searches or seizures, 5th - No forced self-incrimination, 9th amendment - not quite sure… , 14th - rights may restricted by the due process clause. These amendments show the right to privacy.
Miranda v. Arizona (1966)
Requires police to inform suspects of their rights.
Lawrence v Texas (2003)
Made gay marriage legal in all states.
Barron v. Baltimore (1833)
The intent of the framers is that the Bill of Rights is an exclusive check on the federal government.
Gitlow v. New York (1925)
The Court held that the 14th amendment protection of the freedom of speech applied to the states. (1st significant incorporation case)
Engel v. Vitale (1962)
School prayer is a violation of the establishment clause
Trinity Lutheran Church v Comer (2017)
Forbid government money going towards religious education. Comes from the blaine amendment. Is not a violation of the establishment clause to provide this funding, but in violates 1st amendment’s guarantee of free exercise of religion.
Abington ISD v Schempp (1963)
Is a violation of the establishment clause. Lord’s prayer in school violates EC.
Epperson v. Arkansas (1968)
Not allowing the teaching of evolution at school is a violation of the establishment clause.
Lynch v. Donnelly (1984)
Nativity set up by the state is not a violation of the establishment clause.
Allegheny County v. ACLU (1989)
A nativity inside a public place. Justice O’Connor came up with the endorsement test. Nativity inside makes it seem state endorses religion.
American Legion v. American Humanist Association (2019)
40 foot tall cross is set up to honor veterans. This does not violate EC. Court applied the “Historical Practices and Tradition” test.
Reynolds v the United States (1879)
Polygomy is illegal. Mormonism polygamous beliefs may be restrained.
Cantwell v Connecticut (1940)
It would be a violation to force people sharing the gospel to have a permit.
Sherbert v. Verner (1963)
It is a violation of the free exercise clause because Saturday is her holy day.
Wallace v. Jaffree (1985)
Moments of silence for prayer is a violation of the establishment clause.
Burwell v. Hobby Lobby Stores (2014)
It is a violation to compel to provide reproductive insurance.
Minersville School District v. Gobitis (1940)
It is not a violation to compel students to say the pledge.
West Virginia School Board v. Barnette (1943)
It is a violation to compel kids to say the pledge of allegiance.
Gratz v. Bollinger (2003)
Universities can use race as a factor in determining to the Law School at Michigan, but can’t award minorities 20 of the minimum points for freshman admission because it is a violation of the Equal Protection Clause of the 14th amendment.
Employment Division v. Smith (1990)
It is not a violation of the free exercise clause to deny them unemployment benefits. RIFROW Laws - wants to make it more difficult for the state to restrict religious practice.
Masterpiece Cake Shop v. Colorado Civil Rights Commission (2018)
It is a violation to compel this man to bake a cake for a gay marriage.
Kennedy v Bremerton School District (2022)
The government cannot suppress religious expression. This was not a violation of the establishment clause.
Cruzan v. Director, Missouri Department of Health (1997)
Without clear and convincing evidence, there is nothing unconstitutional about trying to protect one’s life.
Washington v. Glucksberg (1997)
Making the decision to die with dignity. Washington bans assisted suicide, which is deemed constitutional.
Miller v California (1973)
Obscenity is not protected speech.
Hill v. Colorado (2000)
It does not violate speech, it is a violation of where you can speak. People should have the right to not listen to others
McCutcheon v Federal Election Commission (2014)
Political contributions and free speech. You voice an opinion by donating to someone you agree with. More important than the individual will is the collective will. Restriction on funding is unconstitutional
U.S. v. Carolene Products, 304 U.S. 144 (1938)
Case the established substantive due process
Dobbs v. Jackson Women’s Health Organization (2022)
People’s elected officials at the state level make the decision of whether abortion is legal or not.
Know the case in which the Supreme Court established the “right to privacy” and the amendments that they believed justified that right.
Griswold v. Connecticut (1965)
1st, 3rd, 4th, 5th, 9th, 14th
(1+3=4, 4+5=9, 5+9=14)
What is Libel?
a written defamation of character that is not true
What is Slander?
public uttering of a false statement that harms the good reputation of another
What is the Exclusionary Rule?
Prohibits the admission of illegally seized evidence in court
What is the difference between civil liberties and civil rights?
Civil Liberties- protections from the government rooted in the 14th amendment’s due process clause
Civil Rights- protections by the government rooted in the 14th amendment’s equal protection clause
Where are the constitutional roots for restricting civil liberties and protecting civil rights found? Know the difference between de jure segregation and de facto segregation
De jure- segregation as a result of law
De facto- segregation found in patterns because of various social conditions
Know the rights of the accused in the Fourth, Fifth, Sixth and Eighth Amendments.
4th- no unreasonable search and seizure, no arrest except on probable cause
5th- no coerced confessions, no compulsory self-incrimination
6th- legal counsel, informed of charges, speedy and public jury trial, impartial jury by one’s peers
8th- reasonable bail, no cruel or unusual punishment
What are the five steps taken in the domestic policy making process?
Agenda Building
Policy Formulation
Policy Adoption
Policy Implementation
Policy Evaluation
What is Medicare; Medicaid; and Social Security?
Medicare - Health Insurance for the elderly
Medicaid - Health Insurance for the poor
Social Security - Federal money given to the elderly to help them have a continual income
What is a Recession?
economic slowdown characterized by a fall in GDP, rising unemployment, and reduced productivity
What was John Maynard Keynes’ fiscal policy?
Holds that aggregate demand can be adjusted through combination of fiscal policies and monetary policies. If demand is low, gov should spend more money or cut taxes. If demand is too great, gov should spend less or raise taxes.
What are the goals of Monetary Policy and who controls it?
Control inflation, maintain maximum employment, ensure moderate interest rates
Controlled by the Federal Reserve System
What is Fiscal Policy and who controls it?
The use of government spending and taxation to influence the economy. Executive and Legislative branches control it.
Why do tax rates change?
Adjust revenues to meet outlays
Make tax burden more equitable
Help control economy by raising or lowering taxes
What is the difference between a Progressive tax and a Regressive tax?
Progressive tax- rises in percentage as incomes rise
Regressive tax- falls in percentage in terms as incomes rise
Is the tax policy in the United States more progressive or regressive?
Progressive
