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Unit 3 Flashcards

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1
Q

Civil liberties

A

fundamental rights and freedoms protected from infringement by the gov

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2
Q

Civil Rights

A

protections from discrimination as a member of a particular group

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3
Q

Snowden’s role as traitor

A

violated espionage act of 1917

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4
Q

Snowden’s role as hero

A

publicized gov’s collection of citizen’s priv convos/ electronic communications, spying of citizens
stole million+classified files from gov database and leaked it to newspapers

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5
Q

Which issue was raised by Snowden’s acts?

A

questions abt privacy and power of gov over American rights

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6
Q

Bill of Rights

A

list of fundamental rights and freedoms that indiv’s possess

first 10 amendments to the Constitution

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7
Q

Why was there a debate in 1787 over the necessity of a BoR?

A

each state gov had their own version of the Constitution

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8
Q

Which group of people insisted on the BoR?

A

Antifeds

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9
Q

Why did the ____ want the BoR?

A

thought it was a nec protection against growth of central power

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10
Q

Why did Hamilton say it wasn’t nec?

A

1- gov designed to protect indiv rights

2- dangerous to liberty b/c no list would be complete, leaving room for abuse

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11
Q

When was the BoR formally ratified?

A

1791

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12
Q

BoR-1

A

prevents leg branch from passing laws restricting a variety of indiv rights (rel, speech, press, assembly, right to petition)

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13
Q

BoR-2/3

A

involve firearms, quartering soldiers, formation of militaries

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14
Q

BoR-4,5,6,7,8

A

guarantee rights of Americans w/ the judicial system- accused, tried for, and convicted of crimes

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15
Q

BoR-9

A

citizens have rights beyond the BoR

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16
Q

BoR- 10

A

states reserved powers

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17
Q

Application of BoR

A

initially only for fed gov, not states

applied to states selectively and over time

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18
Q

1919 Gitlow vs NY

A

G charged for distributing weekly newspapers criticizing America during WWI
argued it violated his 14th amendment right
sided with NY

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19
Q

Take away from Gitlow v NY

A

the beginning of selective incorporation

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20
Q

14th Amendment (1868)

A

lays foundation for extending the protections of the BoR to the state laws and actions

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21
Q

Due Process Clause

A

(14th Amendment)

no STATE can deny a person “life, lib, or prop w/o due process of law”

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22
Q

Selective Incorporation

A

piecemeal process by which SCOTUS has affirmed that almost all of the protections w/i the BoR also apply to the state govs

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23
Q

Establishment Clause

A

protection against the gov requ citizens to join or support a religion

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24
Q

Free Exercise Clause

A

protection of the rights of individuals to exercise and express their religious beliefs

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25
Q

Board of Edu v Allen (1968)

A

SCOTUS affirmed the principle that there could be permissible forms of taxpayer support for private religious schools

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26
Q

Engel v Vitale (1962)

A

SCOTUS ruled that school- sponsored prayer violated est clause

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27
Q

Abington School District v Schempp (1963)

A

Court struck down a program that involved the reading of 10 verses and recitation of the Lord’s Prayer at the beginning of the day

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28
Q

“Lemon Test”

A

sets guidelines for what is permissible under the est clause

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29
Q

Lemon v Kurtzman (1971)

A

programs supp salaries of teachers & provided edu materials in religiously based priv schools for purpose of teaching non religious subjects
SCOTUS took down both programs

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30
Q

Why did Scotus strike down the programs of Lemon v Kurtzman (1971)

A
  • $$ must be secular in purpose
  • effects must neither adv or inhibit rel
  • most not foster exc entanglement btwn gov & rel
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31
Q

Wisconsin v Yoder

A

Amish challenged Wisconsin law that requ students to go to school until 16 b/c it violated right to free exercise b/c they believed that making their children attend hs went against their religion & way of life
SCOTUS ruled w/ Yoder

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32
Q

Freedom of expression

A

a fundamental right affirmed in the First Amendment to speak, publish, and protest

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33
Q

How are the needs of national security and the fundamental rights of political expression balanced?

A
  • political expression often suppressed during wartimes

- Espionage Act of 1917

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34
Q

Schneck v United States (1919)

A
  • printed/ distributed antiwar leaflets against the military draft
  • violation of Espionage Act
  • “clear and present danger” test
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35
Q

“clear and present danger” test

A

legal standard that says posing an immediate and serious threat to national security is not protected by the 1st Amendment

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36
Q

Prior Restraint

A

the suppression of material prior to publication on the grounds that it might endanger national security

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37
Q

NY Times v US (1971)

A

Nixon tried to prevent the NY Times and Washington Post from publishing classified materials, ruled with NY Times- free press is nec to democracy
(press serves governed, not governors)

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38
Q

Tinker v Des Moines (1969)

A

students wanted to wear black armbands to protest the Vietnam War, but admin made a policy for them to be removed and the students were suspended for not removing them
SCOTUS ruled with the students- they don’t lose rights at the school gate

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39
Q

Libel

A

an untrue statement that injures a person’s reputation

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40
Q

Slander

A

an untrue spoken expression that injures a person’s reputation

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41
Q

NY Times v Sullivan (1964)

A

Montgomery, Alabama official won $500,000 lawsuit vs NY Times in which an article claimed officials used excessive force against student protests
SCOTUS had overturned lower court ruling because the ad was not placed with ‘actual malice’

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42
Q

Roth v US (1957)

A

defined standard for obscenity
“whether the average person, applying contemporary community standard, the dominant theme of the material, taken as a whole, appeals to prurient interest.”

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43
Q

Miller v California (1973)

A

miller test- criteria to be obscene

  1. “patently offensive”
  2. “utterly without redeeming social value”
  3. “contemporary community standard”
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44
Q

Why was the Communications Decency Act struck down?

A
  • Restrictions too vague and restrictive

- “chilling effect on free speech”

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45
Q

DeJonge v Oregon (1937)

A

the court overturned Oregon law under which a member of the Communist Party was convicted & sentenced to 7 yrs in prison for holding a public meeting
SCOTUS ruled in favour of DeJonge

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46
Q

District of Columbia v Heller (2008)

A

court overturned the ban in DC on handgun ownership for purpose of self defense in a home

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47
Q

McDonald v Chicago (2010)

A

court overturned Chicago ban on handgun ownership

2nd Amendment right is not less important than the other amendments

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48
Q

Highly charged topic

A

not defined by the court until recently

2nd amendment

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49
Q

ex post facto

A

laws criminalizing conduct that was legal at the time it occured
(can’t be punished for something if it wasn’t illegal at time of commitment)

50
Q

bills of attainder

A

a law passed by Congress punishing an individual w/o a trial

51
Q

writ of habeas corpus

A

a document setting out reasons for an arrest or detention

52
Q

procedural due process

A

a judicial standard requiring that fairness be applied to all individuals equally

53
Q

warrant

A

document issued by a judge authorizing a search

54
Q

probable cause

A

reasonable suspicion that a crime has been committed or that there is evidence relevant to a criminal investigation

55
Q

Mapp v Ohio (1961)

A

established the exclusionary rule

56
Q

exclusionary rule

A

evidence obtained without a warrant is inadmissible in court

57
Q

4th Amendment’s protections

A

protects from unreasonable searches and seizures

58
Q

grand jury

A

a group of citizens who decide whether or not a person should be indicted on criminal charges and subsequently tried in court

59
Q

double jeopardy

A

protects an individual acquitted of a crim from being charged w the same crime again in the same jurisdiction

60
Q

Miranda v Arizona

A

established Miranda rights

61
Q

Miranda rights

A

the right to remain silent and to have an attorney present during questioning; these right must be given by police to individuals suspected of criminal activity

62
Q

6th Amendment

A

trials, juries, attorneys

speedy trial, tried in front of an impartial jury, attorney present at trial

63
Q

Gideon v Wainwright

A

robbery/ conviction of Gideon, Fl court denied request for an attorney and he defended himself, appealed saying trial court violated 6th amendment right & won appeal

64
Q

takeaway form Gideon v Wainwright

A

right to an attorney extended to anyone unable to afford one

65
Q

bail

A

an excessive amt of money posted as a security to allow the defendant to be freed while awaiting trial and cruel/ unusual punishment

66
Q

8th Amendment

A

Bail and punishment
prohibits excessive bail
capital punishment not cruel/unusual (certain methods restricted)

67
Q

5th Amendment

A

Grand Jury, Double Jeopardy, self incrimination

68
Q

4th Amendment

A

Search, Seizure, Warrants, Evidence

69
Q

Griswold v Connecticut (1965)

A

Constitution protects right to privacy, overturned a CT law which prohibited the provision of contraceptives and medical advice about contraceptive techniques

70
Q

Which Amendments in the BoR protect privacy?

A

1 3 4 9

71
Q

Lawrence v Texas (2003)

A

struck down Texas sodomy law making same sex sexual conduct illegal

72
Q

What does the right of privacy include?

A

freedom of thought, beliefs, expression, and certain intimate conduct

73
Q

Roe v Wade (1973)

A

Norma McCorvey in Dallas, filed lawsuit vs district attorney of county
she sought an abortion and wanted to strike down TX law criminalizing it
wanted legal abortion , couldn’t bc life not in jeopardy & couldn’t travel to where it was legal
SCOTUS ruled in favor of McCorvey allowing an abortion in first trimester on basis of right to privacy

74
Q

9th Amendment

A

Rights not specified

indivs have rights in addition to those expressly mentioned

75
Q

Civil Liberties vs Civil Rights

A 
liberties= protections from gov
rights= protection from discrimination
76
Q

Section 504 of Rehabilitation Act

A

1973

1st fed law to prohibit discrimination vs Americans w disabilities

77
Q

Americans w Disabilities Act (1990)

A

no discrimination in employment, buying goods and services, participating in gov programs

78
Q

Dred Scott v Sandford (1857)

A

SCOTUS ruled slaves = property, not citizens (even if residents of free states/ territories (decided at peak of civil war)
slaves deprived of natural rights

79
Q

When was the Emancipation Proclamation issued?

A

During the Civil War

80
Q

Purpose of Emancipation Proclamation

A

end slavery in US for good

changed the war

81
Q

purpose of black codes

A

restore social order

meant to restrict social rights and economic opportunity of freedmen

82
Q

Amendments to protect equal rights of African Americans

A

13 14 15

83
Q

13th Amendment

A

prohibited slavery

84
Q

14th Amendment (AA)

A

granting citizenship to persons born in the US & restricted states from denying due process of law and equal protection of the laws

85
Q

Equal Protection Clause

A

has been used to protect civil rights of Americans from discrimination based on race, national origin, religion, gender, etc

86
Q

15th Amendment

A

granted the right to vote to male African Americans

87
Q

Jim Crow laws

A
  • to undermine Reconstruction Amendments
  • enforced segregation (transportation/ business/ education)
  • voter suppression (poll taxes, literacy tests, violence)
88
Q

Plessy v Ferguson

A

SCOTUS ruled Jim Crow laws were constitutional & did not violate the 14th Amendment
Plessy refused to sit in the back of railroad car (he was supposed to b/c he was 1/8 black
Arrested for violating the law
Maintained that facilities could be separate, as long as they were equal

89
Q

How long after Plessy v Ferguson did separate but equal remain?

A

60 years

90
Q

legal segregation

A

separation by law of indivs based on race

91
Q

Who challenged legal segregation?

A

Marshall and the NAACP

92
Q

goal of Marshall and the NAACP

A

get court to rule segregated education unconstitutional and in violation of the 14th Amendment

93
Q

Brown v Board of Education

A

Brown wanted daughter to go to a white school b/c it was closer to home
after being denied, enlisted help of NAACP, he appealed to SCOTUS of losing in state court
after doll study, Chief Justice Warren, separation causes harm
unanimous decision in favor of Brown

94
Q

de jure segregation

A

separation of indivs based on their characteristics like race, intentionality, law

95
Q

de facto segregation

A

separation of indivs based on characteristics that arises not by law but b/c of other factors, like residential housing patterns

96
Q

Affirmative Action

A

program designed to address consequences of previous discrimination by providing special consideration to individuals based upon their characteristics (race/ gender)
to boost diversity of universities

97
Q

stances on affirmative action

A

opponents- reverse discrimination

proponents- necessary to ensure equality

98
Q

Affirmative Action cases

A

Regents of the University of California v Bakke (1978)
Gratz v Bollinger (2003)
Fisher v University of Texas at Austin (2016)

99
Q

Regents of the University of California v. Bakke (1978)

A 
Bakke (white) sued UC Berkeley  after being denied admission to med school even though at the top of his class
Violated equal protection
SCOTUS stuck down quota system, upheld AA
100
Q

Gratz v. Bollinger (2003)

A

University of Michigan used points system to rank applicants based of race
ruled points system unconstitutional, upheld affirmative action

101
Q

Fisher v. University of Texas at Austin (2016)

A

Court upheld consideration of race in college admissions

102
Q

Civil Rights Act of 1957

A

first piece of civil rights legislation passed since Reconstruction

103
Q

Social Movement

A

lg groups of citizens organizing for political change

104
Q

Civil Disobedience

A

The international refusal to obey a law to call attention to its injustice

105
Q

Year of Little Rock Nine

A

1957

106
Q

Montgomery Bus Boycott

A

1955
Rosa Parks arrested for not giving up seat on segregated bus
Dr. MLK Jr selected to lead boycott vs Montgomery bus system un desegregation
lasted a year until the courts declared the bus law unconstitutional

107
Q

Dr. MLK Jr.

A

a founder & leader of Southern Christian Leadership Conference (SCLC)
faced constant threat of violence and imprisonment from challenging unjustified laws
marched in Birmingham & arrested

108
Q

SCLC

A

organization devoted to challenging racial segregation and advocating for civil rights

109
Q

Letter from Birmingham Jail

A

After white clergymen begged King to slow protests & King replied by saying that they are fighting for natural rights and are allowed to break unjust laws- would force moderates to decide if segregation was a aligned with American values

110
Q

Civil Disobedience Acts

A
  • sit in in Greensboro
  • SNCC organized protests
  • Freedom Riders challenged segregated transportation
111
Q

Civil Rights Act of 1964

A

leg outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate
outlawed workplace discrimination

112
Q

Voting Rights Act of 1965

A

leg outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, countries, and states

113
Q

When were the two waves of women’s rights?

A

1920s and 1960s

114
Q

1920s

A

right to vote

115
Q

19th Amendment

A

right for (white) women to vote

116
Q

1960s

A

laws dealing with inequalities at work/ home, sexual harassment, violence

117
Q

The Feminine Mystique- Betty Friedan

A

broke facade of women satisfied as wives/ mothers

118
Q

Title IX of the Higher Education Amendments of 1972

A

leg prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs

119
Q

Equal Rights Amendment

A

proposed, got passed Congress, failed to pass 3/4 of state legislatures to pass

120
Q

strict scrutiny

A

gov has to show a “compelling interest” to justify unequal treatment

121
Q

rational- basis standard

A

differential treatment must be shown to be reasonable and not arbitrary

AP Gov (3 decks)

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