Module 2 Flashcards
legal and constitutional rights that protect citizens from government actions
Civil Liberties
an order requiring an official bring a specified prisoner into court and explain to the judge why he is being held
Writ of habeas corpus
A legislative act that inflicts punishment on a particular persons or groups without granting them the right to a trial
Bill of attainder
A criminal law, that punishes individuals for committing an act that was legal when the act was commiteed
Ex post facto law
For many years the courts assumed, that the Bill of Rights limited only the _____. Not the actions of the _____.
Government/ State
The ______ believed that the state being closer to its people, would not violate its own citizens rights. However, the ____ began to take a different view.
Federal government/ Supreme Court
The Supreme Court said the Bill of Rights did not apply to the _____. (and case name)
Barron vs. Baltimore/ States
In ____, three years after the Civil War, the ___th Amendment was added to the Constitution
1868/14
The due process of the 14th Amendment requires that the ____ protect the citizens rights . The 5th amendment did the same for the ____.
State government/ Federal Government
the right to be treated fairly under the legal system
The right to due process of law
focuses on the content or substance, of legislation
Substantive Due Process
Prohibits Congress from passing laws “respecting an establishment of religion”
Establishment Clause
the provision of the 1st Amendment stating that the government cannot pass laws prohibiting the exercise of religion
Free exercise clause
The Wall of Separation referred by _____ does exist
Thomas Jefferson
Prayer in Schools ( year, name, and nickname)
1962/ Engel v. Vitale/ Regents Prayer Case
Conclusion of Engel v. Vitale
The Supreme Court agreed with the opposing parents that it violated the establishment clause.
In 1985 the Supreme Court ruled that the moment of silence in an ____ law authorizing a moment of silence was unconstitutional
Alabama
The Supreme Court said that the schools PA system during _____ season for prayer is unconstitutional
football
The Supreme Court did not ban ____ but it did ban ____
teaching religion/ religious practices
Aid to _____ schools can have funds for transportation, equipment or special educational services for disadvantaged students have been held permissible
parochial
The _____ Test is the Supreme Court’s standard in:
Lemon/
- The purpose of financial aid
- Its primary effect must neither advance or inhibit
- It most avoid “excessive government entanglement with religion.”
In 2002 the United States Supreme Court ruled that a ____ program in _____ was constitutional
voucher/ Cleveland, Ohio
allow students to go to public or private schools
School Vouchers
____ and ____ are distinct
Belief/ Practice
The Supreme Court ruled that the right to hold any ____ is ____
Belief/ Absolute
The right to practice any belief is ____
limited
Explain Reynold v. United States
Reynold was a member of the Latter Day Saints and had two wives. He was convicted and appealed to the Supreme Court. The Court rejected it, on the basis that his religious doctrines would be superior to the law. The LDS church issued a manifesto in 1890 prohibiting new polygamist marriages
Another issue under the _____ clause is the right to refuse medical treatment. ( and give example)
Free exercise/ Vaccination
The free exercise of religion in the workplace was bolstered by the _____ of the _____ of 1964. This law requires employers to accommodate their employees religious practices. Unless it causes the employer to suffer undue hardship
Title VII/ Civil Rights Act
_____ measures were required under the ____ Act of 2010. Churches and other religious organizations that objected were exempt from the requirement. They did not have to pay for coverage, but the recipients would receive the benefit (Obama).
Birth Control/ Affordable Care
The Supreme Court ruled in favor of for profit corporations could be exempted from birth control requirements (case name)
Burwell vs. Hobby Lobby
the expression of beliefs, opinions, or ideas through forms other than verbal speech or print
Symbolic Speech
The right to free speech is not ____
absolute
Urges resistance to lawful authority or advocates the overthrow of a government
Subversive or seditious speech
The current Supreme Court doctrine for assessing the Constitutionality of subversive speech
Imminent lawless action test
Advertising statements that describe products
Commercial Speech
A published report of a falsehood that tends to injure a person’s reputation or character
Libel
The public utterance of a statement that holds a person up for contempt, ridicule, or hatred
Slander
Indecency or offensiveness in speech, expression, behavior or appearance
Obscenity
Stopping an activity before it actually happens. Means censorship to the press or freedom of speech
Prior Restraint.
Describe Roe v. Wade
the Supreme court ruled using the Griswold case as precedent, It’s a woman’s choice to terminate a pregnancy with the first three months.
The Court ruled, that any state could impose certain regulations to safeguard the health of the mother after the first three months, and in the final stages of pregnancy.
On-line Harassment
cyberbullying
revenge porn
Cloud Computing
collecting data known as PRISM, was designed to accumulate vast quantities of data from servers such as Google, AOL, Apple, Facebook, Skype, and others.
USA Freedom Act
In June 2015 had some provisions that were to expire in the USA Patriot Act. They were renewed under the USA Freedom Act. It sought to control domestic data collection.
Civil Rights
refers to the rights of all Americans to equal treatment under the law, as provided by the Fourteenth Amendment.
Equal Protection
Section 1 of the Fourteenth Amendments. Says, no state shall deny to any person the equal protection of the laws.
Fundamental right
A basic right for all Americans. These rights are subject to strict scrutiny standard.
Strict scrutiny standard
A standard under law. A law of action must be necessary to promote a compelling state interest.
Suspect classification
A classification, such as race that provides the basis for a discriminatory law. The law must be justified by a compelling state interest.
Rational basis test
A test used by the Supreme Court to decide whether a discriminatory law violates the equal protection clause.
Separate-but-equal
a Supreme Court ruling that did not forbid racial segregation.
Loss of Franchise
The Fifteenth Amendment explicitly extended the right to vote
Dejure-segregation
Racial segregation that occurs because of laws or decisions by government agencies.
De facto segregation
Racial segregation that occurs not as a result of government actions, but because of social and economic and residential patterns.
Busing
The transportation of public school students by bus to schools physically outside their neighborhoods.
The Civil Rights Movement.
The movement in the 1950s and 1960s, by minorities, and concerned whites to end racial discrimination.
Civil disobedience
The deliberate and public act of refusing to obey laws thought to be unjust.
The Glass Ceiling
An invisible but real discriminatory barrier that prevents women, and minorities from rising to top positions of power and responsibility.
Sexual harassment
Unwanted physical contact, verbal conduct or abuse of a sexual nature.
Sexual harassment on campus
Title IX of the Education Amendments of 1972 prohibits gender-based discrimination in schools that receive federal money.
The largest Hispanic race are ____
Mexican Americans
Mexican Americans and Puerto Ricans identify with the ____ party
Democratic
Cubans identify with the ____ party.
Republican.
Cubans are conservative and dislike Fidel Castro’s communist party.
interest group
an organized group of people sharing common objectives to influence government policy.
Pluralist theory
A theory that views politics as a contest among interest groups.
Majoritarianism
The belief that the public policy is or should be set in accordance with the opinion of a majority of the people.
Elite theory
The belief that the government is controlled by one or more elite groups.
Lobbying
attempts by organizations to influence the passage or defeat of a bill.
When States experience budget shortfalls, they lobby the federal government.
Political action committee (PAC)
A committee established by a corporation, labor union or special interest group to raise funds.
Super PACs
Raise unlimited funds for independent expenditures.
527 and 501©4 Organizations
have unlimited funds to spend including voter registration.
Amicus Curie Briefs
An Interest group that influences the outcome of a court case without being present.
Political Parties
A group of individuals organized to win elections.
Realignment
A process in which the popular support for parties shift, and the parties reestablish with different supporters.
