Final Flashcards

1
Q

What is the definition of Ideology?

A

system of ideas that form the basis of economic.political theory and policy

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2
Q

What does economic conservatism believe?

A

wants limited government involvement in economy

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3
Q

What does social conservatism believe?

A

healthy society requires a solid moral foundation on what is right and wrong.

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4
Q

What does economic liberalism believe?

A

favors government assistance for those who are poor and desires economic equality

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5
Q

What does social liberalism believe?

A

people are free to define their own morals and identity. government should be hands off in defining, but should support

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6
Q

What do libertarians believe?

A

as little government as possible- limited government in both economy and socially

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7
Q

What does populism believe?

A

distrusts and is dissatisfied with ruling of elites- focus on common people

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8
Q

Civil Liberties vs. Civil Rights

A

Liberties: secured primarily through government inaction
Rights: Non-discrimination protection for all individuals but historically for mistreated groups

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9
Q

Founders 3 views on slavary:

A
  1. were fine with it
  2. didn’t like it, yet had slaves
  3. didn’t like it and lived that way
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10
Q

What are the 2 types of recrimination?

A

De Facto: unequal treatment by customs, circumstances, and private choice
De Jure: unequal treatment required by law

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11
Q

What did Dred Scott v. Sandford say?

A
  • Q: Are African Americans citizens?
  • M: Aferican Americans didn’t have rights to citizenship
  • D: AA were free at the time of confederation
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12
Q

What are the reconstruction amendments?

A

13th- abolished slavery
14th- due process and equal protection
15th- providing voting rights regardless of race

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13
Q

What did Plessy v. Ferguson put in place?

A

-Q: does separate but equal law violate 13th and 14th amendment?
- M: no; upholding segregation policies and laws
- D: constitution is colorblind

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14
Q

What did Brown v. Board of Education put in place?

A
  • Q: does racial segregation in public schools violate equal protection clause of 14th amendment?
  • overturned Plessy
  • separate in “inherently unequal
  • overturned school desegregation
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15
Q

What did the Civil Rights Act of 1964 put in place?

A
  • prohibited discrimination in public accommodation
  • banished literacy tests and employment discrimination
  • forbids institutions receiving federal funding from engaging in discrimination
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16
Q

What is Affirmative Action?

A
  • favoring individuals belonging to groups regarding disadvantaged
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17
Q

5 parts to reading a supreme court case

A
  1. facts
  2. legal question
  3. holding - decision
  4. majority - reasoning
  5. other opinions
18
Q

What point was MLK trying to make in his letter from Birmingham jail?

A

They were trying to make a point by protesting (was asked) because negotiation wasn’t working. Justice needed to done.

19
Q

What are the 4 steps to a nonviolent campaign?

A
  1. collect the facts
  2. negotiation
  3. self purification (can be peaceful?)
  4. peaceful protest/direct action
20
Q

What are the 2 reasons for affirmative action?

A
  1. to remedy past discrimination
  2. to achieve diversity in social institutions
21
Q

What did Fisher v. University of Texas at Austin put in place?

A
  • 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
22
Q

What did Douglass talk about in his speech “What to the slave is 4th of July?”

A
  • 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
23
Q

What was the SFFA v. President and Fellows of Harvard College (2023) case?

A
  • 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
24
Q

What are the two parts of the 1st Amendment religion clauses?

A
  1. Congress shall make no law respecting an establishment of religion
  2. Congress shall not prohibit the free exercise of religion
25
Q

What does the establishment clause mean?

A
  • government cannot support one religion over another
  • congress can’t but states can
26
Q

What does the 14th amendment due process clause say?

A

No STATE shall deprive any person of having due process of law

27
Q

What is incorporation?

A
  • BOR only applied to federal gov. originally
  • 14th amendment (due process) applied most of the BOR to constrain states as well
28
Q

What do the non-preferentialists believe?

A
  • common founders view
  • religious citizens are good for democracy; need morals
  • Tocqueville and Gettysburg address
  • government can aid religion, but not any particular religion
29
Q

What do Separationists believe?

A
  • less common view
  • wall of separation between church and state
30
Q

What are the 2 perspectives of separationists?

A
  1. protect the state from the influence of religion- Jefferson
  2. protect the purity of the church- Williams
31
Q

What was the Lee v. Weisman (1992) case?

A

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

32
Q

What is the Religious Freedom Restoration Act? (FRRA)

A
  • Standard should be strict scrutiny (least restrictive means and gov. interest)
  • government can’t burden practice of religion
33
Q

What was the Hobby Lobby v. Burwell case (2014)?

A

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

34
Q

What was the Griswold v. Connecticut case? (1965)

A

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

35
Q

What was the Roe v. Wade case? (1973)

A

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

36
Q

What was the Planned Parenthood v. Casey case? (1992)

A
  • undue burden standard on abortion pre-viability instead of trimester framework
37
Q

What is the Right to Privacy?

A

Broad rights that includes things that aren’t in the constitution

38
Q

Whats was the Obergefell v. Hodges case? (2015)

A

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

39
Q

What was the Dobbs v. Jackson Women’s Health case? (2022)

A

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

40
Q

What did Douglass’s “Plea for Free Speech in Boston” say?

A

Right to be heard is equally important as free speech

41
Q

What was the Texas v. Johnson case? (1989)

A

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

42
Q

Which Act of Congress prohibited speech that could lead to revolution against the United States Government?

A

The Sedition Act