Final Flashcards
What is the definition of Ideology?
system of ideas that form the basis of economic.political theory and policy
What does economic conservatism believe?
wants limited government involvement in economy
What does social conservatism believe?
healthy society requires a solid moral foundation on what is right and wrong.
What does economic liberalism believe?
favors government assistance for those who are poor and desires economic equality
What does social liberalism believe?
people are free to define their own morals and identity. government should be hands off in defining, but should support
What do libertarians believe?
as little government as possible- limited government in both economy and socially
What does populism believe?
distrusts and is dissatisfied with ruling of elites- focus on common people
Civil Liberties vs. Civil Rights
Liberties: secured primarily through government inaction
Rights: Non-discrimination protection for all individuals but historically for mistreated groups
Founders 3 views on slavary:
- were fine with it
- didn’t like it, yet had slaves
- didn’t like it and lived that way
What are the 2 types of recrimination?
De Facto: unequal treatment by customs, circumstances, and private choice
De Jure: unequal treatment required by law
What did Dred Scott v. Sandford say?
- Q: Are African Americans citizens?
- M: Aferican Americans didn’t have rights to citizenship
- D: AA were free at the time of confederation
What are the reconstruction amendments?
13th- abolished slavery
14th- due process and equal protection
15th- providing voting rights regardless of race
What did Plessy v. Ferguson put in place?
-Q: does separate but equal law violate 13th and 14th amendment?
- M: no; upholding segregation policies and laws
- D: constitution is colorblind
What did Brown v. Board of Education put in place?
- Q: does racial segregation in public schools violate equal protection clause of 14th amendment?
- overturned Plessy
- separate in “inherently unequal
- overturned school desegregation
What did the Civil Rights Act of 1964 put in place?
- prohibited discrimination in public accommodation
- banished literacy tests and employment discrimination
- forbids institutions receiving federal funding from engaging in discrimination
What is Affirmative Action?
- favoring individuals belonging to groups regarding disadvantaged
5 parts to reading a supreme court case
- facts
- legal question
- holding - decision
- majority - reasoning
- other opinions
What point was MLK trying to make in his letter from Birmingham jail?
They were trying to make a point by protesting (was asked) because negotiation wasn’t working. Justice needed to done.
What are the 4 steps to a nonviolent campaign?
- collect the facts
- negotiation
- self purification (can be peaceful?)
- peaceful protest/direct action
What are the 2 reasons for affirmative action?
- to remedy past discrimination
- to achieve diversity in social institutions
What did Fisher v. University of Texas at Austin put in place?
- UT had a law that top 10% of HS got auto-admission
- Q: Does UT violate the equal protection clause?
- M: It does not
- Alito Dissent: not proper strict scrutiny
- Thomas Dissent: constitution should be colorblind
What did Douglass talk about in his speech “What to the slave is 4th of July?”
- It is a patriotic rebuke of slavery - He doesn’t find the constitution to be pro-slavery
- Thinks we are hypocritical of slavery
- hope is that the evil of slavery will end
What was the SFFA v. President and Fellows of Harvard College (2023) case?
- Q: Does Harvard admission go against Civil Rights Act of 1964 and Equal protection clause?
- M: Yes; it unconstitutional; doesn’t meet strict scrutiny and must not be based on race
- Thomas Concurrence: 14th amendment is colorblind
- Jackson Dissent: notes many gaps
What are the two parts of the 1st Amendment religion clauses?
- Congress shall make no law respecting an establishment of religion
- Congress shall not prohibit the free exercise of religion
What does the establishment clause mean?
- government cannot support one religion over another
- congress can’t but states can
What does the 14th amendment due process clause say?
No STATE shall deprive any person of having due process of law
What is incorporation?
- BOR only applied to federal gov. originally
- 14th amendment (due process) applied most of the BOR to constrain states as well
What do the non-preferentialists believe?
- common founders view
- religious citizens are good for democracy; need morals
- Tocqueville and Gettysburg address
- government can aid religion, but not any particular religion
What do Separationists believe?
- less common view
- wall of separation between church and state
What are the 2 perspectives of separationists?
- protect the state from the influence of religion- Jefferson
- protect the purity of the church- Williams
What was the Lee v. Weisman (1992) case?
Facts: Parents object to school-wide prayer
Q: Does it violate establishment clause?
M: Yes it does; psychological coercion
Scalia Dissent: long history of prayer at ceremonial events
What is the Religious Freedom Restoration Act? (FRRA)
- Standard should be strict scrutiny (least restrictive means and gov. interest)
- government can’t burden practice of religion
What was the Hobby Lobby v. Burwell case (2014)?
Facts: Affordable care act mandated contraceptives
Greens said no to only 4 types
Q: Does this violate RFRA and Free exercise?
M: Yes, violates RFRA; doesn’t survive strict scrutiny
D: not convinced congress wanted to be broad with RFRA
What was the Griswold v. Connecticut case? (1965)
Q: Is there a constitutional right to privacy that would make laws forbidding contraceptive use unconstitutional?
M: Yes, there is a constitutional right to privacy; BOR implies broader right to privacy
D: no broad right; gives way too much subjective power to judges
What was the Roe v. Wade case? (1973)
Facts: Roe wanted an abortion in Texas
Q: Does RTP include abortion?
M: Yes; trimester framework with point of viability
D: No constitutional RTP that pertains to reproductive rights
What was the Planned Parenthood v. Casey case? (1992)
- undue burden standard on abortion pre-viability instead of trimester framework
What is the Right to Privacy?
Broad rights that includes things that aren’t in the constitution
Whats was the Obergefell v. Hodges case? (2015)
Facts: DOMA defines marriage as man and woman
Q: Is same-sex marriage a constitutional right?
M: yes
D: SC is acting like congress; should be left to democratic process
What was the Dobbs v. Jackson Women’s Health case? (2022)
Facts: MS makes a clear law against Roe
Q: Is the law banning abortion at 15 weeks unconstitutional?
M: No- abortion not implied; Roe v. Wade overturned; returned to states
Concurrence: No RTP
Dissent: What else is not a constitutional right
What did Douglass’s “Plea for Free Speech in Boston” say?
Right to be heard is equally important as free speech
What was the Texas v. Johnson case? (1989)
Facts: Texas has law you can’t burn flag. Johnson burns flag in rebellion
Q: Is burning the flag protected under free speech under 1st amendment?
M: flag burning is protected; expressive conduct of political message
D: The flag is a symbol. Johnson could have rebelled another way
Which Act of Congress prohibited speech that could lead to revolution against the United States Government?
The Sedition Act
