Frq Ch 4-5 Flashcards
Rights of criminal defendants incorporation to states
Mapp v Ohio (incorporated exclusionary rule) Miranda v Arizona ( right not to self incriminate)
Define selective incorporation
The Supreme Court or the United States gradually applying some of the freedoms protected by the bill of rights against the state governments by the 14th amendments due process clause
First amendment incorporation to states
Gitlow vs Newyork (freedom of speech)
Engle v vitale (incorporated establishment clause)
Incorporated privacy rights
Griswald vs Connecticut (birth control)
Roe v wade (delt with abortion)
Engel v Vitale (school prayer)
What 1st amendment clause SCOTUS used to base decision
Establishment clause and state mandatory prayer is unconstitutional in school
Lemon vs kurtzman ( state funding for religious schools
1st amendment clause that SCOTUS used to base decision
Establishment clause and established the lemon test to see if state aid to religious schools violated establishment clause
Secular, not advance or advance religion, not intangible ment
Reynolds v United States (polygamy)
Free exercise clause
Not unconstitutional to make laws against polygamy
Oregon v smith (drug use in religious ceremonies)
Free excessive clause
Upheld the law to make. The use of drugs in religious services illegal
How might congress limit impact of Supreme Court
Expand number of justices on court to effect ideological balance of court
Amendment to constitution
How might executive impact SCOTUS decisions
President can us the power of appointment to change balance in court
Not in force the SCOTUS decisions
How does state limit impact of SCOTUS decisions
Governors of state could refuse to enforce court decisions
Brown vs board
Due process clause
Equal protection overturned the separate but equal doctorine of plessy v fugerson. 1st major victory for civil right activist, gives them more anthusium to accomplish more
Baker v carr
Districts must be equal for voting equal representation
Open up the path for court striking down on racial Gerryamadering
Regard of the university of California v bakke
Outlaw quotas in affirmative action programs
Gives incoragment to opponents of affirmative action
Mapp v Ohio
Exclusionary rule in state cases
Gideon v wainwright
Right to counsel in state cases
Miranda v Arizona
Right to not selficriminate yourself in state cases
Explain significance of these cases
Mapp Ohio
Gideon v wainwright
Miranda v Arizona
Started concervative movement
Literary test in prevent of voting
Most African Americans were not educated and not able to read so they can’t pass the test
And questions are impossible
Pole tax
People had to pay money to vote and since minority’s have less money they can’t vote
Two alternative forms of political participation
Protesting civil disobedience
Organization of ncaap, took things to court
Forms of how minority’s participate in atl forms of political movement
Litigation and protesting
How does federalism limit powers of national government executive
State and local level govt get to make decision like the president, takes power from president
Checks and balances limit power of national govt executive
Congress and court checks what the president do
How establishment clause limit the power of national govt
They cannot advance.a religion
Guarantee of public trial limit power on national govt
Fair hearing wear you can defend yourself and must be public
Limits violation against citizen
How limits the power of state government citizenship clause of 14th amendment
Law of the soil ( born on american soil)
Law of blood (parent was citizen you are citizen)
Naturalization: cannot deny your rights as a citizen in that state whether they like you or not
Selective incorporation limits power of state governments
Requires the state to incorporate the bill of rights into their government
Can no longer deny them
Identify the part of national government that was originally most closely tied to citizen and explains how it was tied to citizens
Congress (House of representatives) elected by the people directly by the people
Explain two ways the United States constitution limited majority rule
Majority does not elect president electoral collage does, president
appoints judge and they serve for life
Primary elections development
Before and after
Party elders picked candidate now people are more involved because of primary elections
Seventh amendment development
Before and after
State legislator get to be voted on by the people
Expansion of suffrage befor and after
It increased the number of people to be allowed to vote
How does federalism an obstacle
Allowed states an local governments to discriminate against people
United States political system obstacle for minority’s
White primary of the Democratic Party
United States electoral system present obstacles to minority
Racial Gerry meandering
Federalism giving opportunity to minority
No satisfaction in one level of government you could appeal to a higher or different level of govt
United States political party systems presenting opertunity to minority’s
Join a party that appeals to them
United States electoral system present opertunity to minority’s
If they know the margin of either winning or loosing for a candidate’s campaign that could give them more opertunity in that the candidate would try to win them over
What did the voting rights of 1965 do
Eliminated literacy test and residency requirements to increase access to minority voting
What did 24th amendment do
Eliminate poll tax that didn’t allow people to vote hence increasing access for minority voting
Barrier that currently impeades minority representation in congress
There is still prejudice within people which inhibits minority representation in congress
Incumbent advantage
Compare position of federalist and anti federalist
Feds- division of power ( more centrilized government)
Anti Feds- feared strong government, wanted power individual in states
Two features of original constitution have led growth to national powers
Supremacy clause ( federal law proceeds all) Regulate interstate commerce ( commerce clause) Elastic clause (allows government to legislate beyond it enumerated powers
First amendment address anti federalist concerns
Protects those liberties from all. Government intrusion.
Protects freedoms of religion, speech, assembly etc
10th amendment address anti federalist concerns
Reserved power of the states
All powers not given to the federal govt is given to the states
How 14 amendment altered balance of power btw state and national govt
Due process
Selective incorporation prohibits the states from taking away your freedoms without due process
States compelled to follow national standards
How 14 amendment altered balance of power btw state and national govt
Equal protection clause
Forbade states from discriminating racial minorities
