Unit 2 Flashcards

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0
Q

DE facto Segregation

A

Enforced by habbit

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1
Q

De jure segregation

A

Segregation enforced by law

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2
Q

Dred Scott v stanford

A

Slave moved from slave state to non slave state then back to slave state, is he still a slave. Made Missouri compromise invalid

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3
Q

13th amendment

A

Made to abolish slavery

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4
Q

14th

A

Citizenship process and immigrant bill of rights

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5
Q

15

A

Banned voting restrictions or race and color, African American right to vote

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6
Q

Civil rights act 1875

A

Outlawed racial Segregation, found unconstitutional

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7
Q

Jim crow laws

A

Promoted Segregation, mainly in South. Violated anti Segregation laws

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8
Q

Plessy v Ferguson

A

Black Man was on white train and kicked off, ruled rights not violated.

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9
Q

Executive Order 8802

A

Prohibited segregation based on race in the work place

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10
Q

Executive order 9981

A

Anti lynching, abolished segregation,forbid segregation by contractors.

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11
Q

Brown versus Board of Education one

A

Desegregation of schools, created equality

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12
Q

Brown versus Board of Education two

A

Enforcement of brown versus Board of Education

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13
Q

Civil rights act of 1957

A

Ensuring blacks right to vote, protect voting rights of blacks

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14
Q

24th amendment

A

Outlawed poll tax on voting, gave everyone the right to vote

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15
Q

Civil rights act of 1964

A

Legally ended Segregation on race, sex, origin.

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16
Q

Voting rights act of 1965

A

Most effective, stopped literacy tests gave blacks the power to vote

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17
Q

Affirmative action

A

Meant to break down barriers and give people equal opportunity, has been debated a lot, supposed to help a group who is disadvantaged

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18
Q

Regents of university of California v bakke

A

Applied to u of c and wasn’t accepted, race cannot be a factor

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19
Q

Civil rights act of 1991

A

More rights to people sueing in the work place and suits of discrimination

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20
Q

Gutter v Bollinger

A

Applied at u of m but due to affirmative action and racial diversity preferences he wasn’t accepted

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21
Q

Fisher v u of Texas Austin

A

Narrowly tailoried diversity goals

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22
Q

Civil rights

A

Positive acts by government to prevent discrimination by The government
Ex voting rights act 1965 gave African Americans voting rights

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23
Q

Incorporation doctrine

A

Supreme Court applied most of the Bill of Rights to the states

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24
Q

14th amendment

A

No state shall make or enforce Law which will abridge the privacy and immunities of citizensor deprive any person of life and liberty

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25
Q

Barron versus Baltimore

A

Determined Bill of Rights is only national not state

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26
Q

Gitlow v newyork

A

Freedom of speech and press fundamental rights protected by the 14th, made 1st amend apply to states

27
Q

Total incorporation

A

1-8 amend completely Inc. to the states

28
Q

Selective incorporation

A

Amendments applied by a case-by-case basis

29
Q

Interpreting the Constitution

A
One exact wording 
two original intention
three precedent , past decision 
four consequences 
five basic values
30
Q

Interpreting the Constitution 2

strict construction

A

Just follow the literal meaning don’t stray from original language conservative

31
Q

Interpreting the Constitution

loose construction

A

Flexible reading of constitution modern values

liberal

32
Q

Freedom of religion

A

Congress shall make no law restricting an establishment of religion prohibiting or the free exercise

33
Q

Establishment clause

A

Cannot prefer one religion over another no national religion cannot tax Americans who prefer any religion

34
Q

Wall of separation doctrine

A

Created a division between church and state

35
Q

Free exercise clause

A

Guarantees people right to practice any or no religion

36
Q

Lemon v kurtzman

A

Found Law for reimbursement for textbooks and teacher salaries unconstitutional

37
Q

Lemon test

A

One secular purpose
two primary effect that neither advances or inhibits religion
three not Forster government entanglement with religion

38
Q

Pure speech

A

Verbally, given most protection by courts

39
Q

Speech plus

A

Verbal and symbolic used together

40
Q

Symbolic speech

A

Actions are symbols used to give a message rather than words

41
Q

Freedom of press

A

Closely related to speech, Government cannot prevent material from being published

42
Q

Roth v us

A

Obscenity is not considered constitutionally protected in press or speech

43
Q

Miller versus California

A

Establish toast to determine if materials are considered obscene

44
Q

Miller test

A

One whether the average person would find the work appeals to prudent and interest
Two whether the work the pics offensive sexual conduct
Three if the work lacks artistic, political, or scientific value

45
Q

Libel

A

Written defamation publishing false statements maliciously that damage a persons reputation, has to be false

46
Q

Slander

A

Refers to spoken words same as libel, must be false

47
Q

Public officials versus private individuals libel and slander

A

Private individuals have a lower standard only requiring proof that the statement was false

48
Q

Commercial speech

A

Can be restricted more than other forms of speech

49
Q

Federal trade commission

A

Decides what can be advertised and the content of the advertising

50
Q

Federal Communications Commission

A

Regulates content nature and existence of radio and TV broadcasting

51
Q

Equal time doctrine

A

Political debates considered events that don’t need equal time, more opportunity to opposing otherwise

52
Q

Due process clause

Procedural due process

A

Determining if government policies of the law violates constitutional protections

53
Q

Substantive due process

A

Determining if method government uses to carry out law violates constitutional protections

54
Q

Search warrant

A

An authorization specify an area to searchprotected against unreasonable search

55
Q

Exclusionary rule

A

Illegally obtained evidence is not admissible in court

56
Q

Mapp v Ohio

A

Corporate’s fourth amendment upheld the application of exclusionary rule

57
Q

Self incrimination

A

Protects the accused from double jeopardy punishment without due process and self-incrimination

58
Q

Miranda versus Arizona

A

Established guidelines for police questioning

  • right to remain silent
  • what’s said can be used against you
  • right to have a lawyer
59
Q

Right to counsel

A

Protects rights of accused including right to counsel confront witnesses and a speedy trial

60
Q

Gideon versus Wainwright

A

Anyone accused of crime where prison is possible you have the right to an attorney

61
Q

Cruel and unusual punishment

A

Eighth amendment prohibits cruel and unusual punishment mandatory death sentences for crimes are unconstitutional

62
Q

Right to privacy

A

Constitution does not mention a right to privacy but the courts have interpreted several rights fall under right to privacy

63
Q

Griswold versus Connecticut

A

Law forbid sale of contraceptives court held that the sale was with in the right to privacy for a married couple

64
Q

Roe v wade

A

Challenged law forbidding abortion unless necessary to save mother’s life, court held law cannot forbid abortions

65
Q

Furman versus Georgia

A

Accidental murder while rubbing found death penalty was found as cruel and unusual punishment in this case

66
Q

Greg versus Georgia

A

Murdered someone and was sentenced to death court said this was not Cruel unusual