Unit 3&4 Flashcards
bill of rights
The first 10 amendments that list the fundamental rights and freedoms that individuals possess.
civil liberties
fundamental rights and freedoms that are protected from unreasonable governmental restrictions. They protect people from discrimination and include the fundamental right to be treated equally under the government.
civil rights
governmental protection of individuals from discrimination as members of particular groups
who wanted a bill of rights and why?
The anti-federalists wanted a bill of rights for 3 reasons:
1) the lack of bill of rights was used as a tactical weapon to defeat the constitution or push for a Second convention where anti-feds might get a more favorable outcome
2) some people didn’t want the federal government to regulate taxes and commerce and wanted to see more state rights.
3) some thought that a list of fundamental rights was necessary to protect people from the government that they feared would grow into a large powerful republic.
What did Federalist 84 say about a bill of rights?
1) a bill of rights is unnecessary because the government was designed to protect individual rights
2) making a list of rights would be dangerous because the list would always be incomplete, but those in power may deny additional rights that were not listed
Amendment 1
restricts laws to be made that deal with religion, speech, press, assembly, and protest
Amendment 2
the right to bear arms
Amendment 3
no forced quartering of troops in homes
Amendment 4
Protects against unreasonable search and measure and establishes the right to have warrants before an arrest
Amendment 5
Right to a grand jury indictment in criminal cases, protection against double jeopardy and self incrimination, the right to due process of law (to be treated equally), the right to just compensation when private property is taken for public use.
Amendment 6
Protections during criminal prosecutions for a speedy and public trial by an impartial jury, the right to confront witnesses, the right to compel favorable witnesses in one’s defense, and the right to the assistance of a defense counsel (jury)
Amendment 7
Right to a trial by jury in certain civil suits
Amendment 8
Protections against excessive bail, excessive fines, and cruel and unusual punishment
Amendment 9
Protection of rights not listed in constitution
Amendment 10
Powers not delegated by the federal government, nor prohibited by it to the states, are reserved for the states and people
due process clause
14th amendment clause that restricts state governments from denying citizens their life, liberty, and property without legal safeguards.
selective incorporation
the process through which the protections in the bill of rights are applied to the state through supreme court cases
establishment clause
1st amendment protection of individuals against the government forcing people to join or support a religion
free exercise clause
1st amendment protection of the rights of individuals to practice their religion.
lemon test
sets guidelines for what is allowed under the establishment clause Details that underlying statute must have a secular legislative purpose and not advance or inhibit a religion. It may not foster a lot of involvement between the government and a religion.
lemon v Kurtzman
Rhode Island and Pennsylvania programs supplemented the salaries of teachers and provided educational materials for nonreligious subjects in religious private schools. The court struck down both programs.
Gitlow v. New York
Benjamin Gitlow was protesting, writing, and speaking out about WW1 and its aftermath, criticizing America’s economic system. Gitlow oversaw the printing of a newspaper and in one issue, included a section called the left wing manifesto which criticized America’s involvement in WW1, capitalism, and American imperialism. They were eventually arrested for violating the New York State Criminal Anarchy Act, and were convicted. Gitlow argued that the NY law violated his rights of due process under the 14th amendment and lost.
A neutrality test that is involved in deciding on conflicts between legitimate state action and religious expression.
if a law is created within an interest that is religiously neutral, even if the law restricts religious expression of individuals, the law can be valid
Near v. Minnesota
Freedom of press, A Minnesota newspaper accused local officials of being involved with gangsters. The officials claimed that this Acton violated a public Nuisance Law that stated that anybody who is involved in publishing obscene, lewd, malicious, scandalous, or defamatory content about somebody was guilty of nuisance. This law was deemed unconstitutional, and the court ruled that only under narrow circumstances can the government prohibit a publication in advance. In situations where the speech is obscene, incites violence, or reveals military secret, can prior restraint be used.
freedom of expression
people have the right to speak, publish, and protest
what must the government balance when it comes to the freedom of expression
national security and political expression
clear and present danger test
speech that poses and immediate and serious threat` to national security is not protected by the 1st amendment
Brandenburg v. Ohio
A KKK leader had a speech at a rally in which a cross was burned, and the leader threatened that if the government continued to threaten white people, the KKK would take vengeance. The dude was convicted under Ohio law for advocating harm and unlawful methods of terrorism to accomplish industrial or political reform, but the supreme court overturned this ruling and established a test of acceptable restrictions of political speech.
What is the current criteria for restriction of speech?
the speech must be directed to incite or produce imminent lawless action, and must be likely to be successful.
Prior restraint
The government censors or suppresses the press before it is published on the grounds that it might threaten national security.
symbolic speech
protected expression in the form of images, signs, and symbols.
libel
a false written statement that hurts someone’s reputation
slander
a false spoken expression that hurts someone’s reputation. Slander(S)=Spoke(S)
NYT v. Sullivan
The supreme court made it harder to sue for libel.
what cases does libel apply to
when written statements are false, malicious, recklessly disregard the truth, and are harmful to someone’s reputation.
hate speech
speech that has the purpose of expressing hatred, especially towards minority groups
obscenity and pornography
words, images, or videos that depict sexual activity in an offensive manner and lacks artistic merit
what restrictions can there be to public free speech?
cities can require protesters to file a permit before marching. The government should be able to justify any restrictions on free speech, the regulations must be narrowly tailored and address a significant government interest. The government must allow there to be other ways for people to communicate their goals.
District of Columbia v. Heller
certain DC laws made it illegal to carry an unregistered handgun but prohibited the registration of handguns, although the police could register 1 year licences on handguns. A special police officer filed for, and was denied registration to carry a handgun in his home. The regulations were overturned on the grounds that they violated the 2nd amendment.
ex post facto laws
Article 1, laws criminalizing conduct that was legal at the time it occurred
bill of attainer
Article 1, a law passed by congress that punishes people without trial
writ of habeas corpus
Article 1, a document that detailed the reasons for an arrest of detention
procedural due process
a judicial standard that requires that fairness is applied to all people individually
Exclusionary rule
a rule that evidence obtained without a warrant cannot be used in court.
Mapp v. Ohio
While investigating a bombing, the police searched Dollree Mapp’s home without a warrant and found pornography that violated Ohio’s anti-obscenity laws. the court threw out her conviction, declaring that shit that’s obtained by searches and seizures in violation of the constitution cannot be used in court.
What circumstances does the 4th amendment not protect?
when police have reasonable suspicion of criminal activity. The use of evidence connected with a crime that was not named in the warrant, but discovered in plain sight during a legal search for a different type of evidence can be used in court.
grand jury
5th amendment: a group of citizens who decide whether or not a person should be indicted on criminal charges and tried in court based on evidence presented to them.
double jeaprody
5th amendment: people cannot be tried more than once for the same crime.
what are the exceptions to the double jeopardy rule?
Individuals can be acquitted(freed) for offences in state courts, but then tried and convicted for the same thing in federal courts under federal charges.
self incrimination
individuals cannot be compelled to give a testimony that may lead to criminal charges against them
Miranda v. Arizona
Miranda was convicted of kidnapping and rape, partly due to evidence collected when the police questioned him without an attorney present. The supreme court overturned his conviction, because people must be warned of their rights before questioning.
Miranda rights
the right to remain silent and the right to have an attorney present during questioning. These rights must be given by the police to people suspected of criminal activity.
Griswold v. Connecticut
The court overturned a law that prohibited the use of contraceptives and medical advice about contraceptive techniques, They cited the 1st amendment which has a shadow where privacy is protected from the government. The supreme court stated that the constitution protects the right of privacy. The 1st, 3rd, 4th, and 9th amendments were taken together and ruled that privacy is protected under the constitution.
New Jersey v. T.L.O.
TLO was a high school student who was searched by the police suspected of possessing cigarettes. The police found cigarettes, weed, and a list of people who owed her money. TLO tried to suppress evidence found in the search, but was denied. The supreme court ruled that while the 4th amendment protection against unreasonable searches and seizures applies to school officials, they can conduct reasonable searches in spite of the probable cause standard that normally applies
ADA
protections for Americans with disabilities against discrimination in the workplace. Improved public transportation, public services, and other aspects of public and commercial life for disabled people.
fighting words
words that by nature inflict harm on those that they are addressed to
“ you should beat up max”
not protected by 1st amendment
13th amendment
slavery is prohibited
14th amendment
detailed that all people born or naturalized in the U.S. are citizens. Placed restrictions on laws that violated the privileges and immunities of U.S. citizens.
equal protection clause
a 14th amendment clause that prohibits denying people the equal protection of law.
15th amendment
all US citizens can vote, regardless of race.
jim crow laws
laws that preserved segregation and prevented African Americans from exercising their 15th amendment rights.
Plessy v. Ferguson
racial segregation was along if both facilities were of the same quality. “separate but equal”
(NAACP)
National association for the advancement of colored people
de jure segrigation
the separation of individuals based on their characteristics, like race, intentionally by law.
de facto segregation
the separation of individuals based on their characteristics, like race, not by law, but by other factors like housing patterns.
U.C. Regents v. Bakke
White student Allan Bakke sued the U.C. regents after he was denied admission to medical school. Bakke argued that he was more qualified than the 16 minority students who had seats set aside for him because of racial quotas, claiming the regents violated the 14th amendment’s equal protection clause. The court affirmed that racial quotas were unconstitutional, but upheld that increasing diversity was a compelling interest.
Gratz v. Bollinger
Jenifer Gratz was denied admission to university. The university ranked applicants with a point system which gave people points for being a minority. Although using a point system was ruled unconstitutional, ethnicity was ruled to be a valid admission factor.
Grutter v. Bollinger
Barbra Grutter’s law school admission was denied at a school that included race in their admissions process. It was ruled that diversity was a compelling interest to factor in race in admissions.
strict scrutiny
To determine the constitutionality of certain laws, strict scrutiny is often used in cases that have to do with exceptions to constitutional rights. To pass strict scrutiny, it must be proven that there is a compelling governmental interest for a certain policy to be in place, and the policy must be narrowly tailored to that interest.
Montgomery Bus Boycott
Rosa parks refused to give up her bus seat and was arrested. The community leaders organised a boycott led by MLK which led to the Supreme Court deeming the bus law unconstitutional.
civil rights act of 1964
legislation that outlawed racial segregation in schools and public places and authorized attorneys to sue schools that failed to desegregate . Prohibited discrimination on the basis of color, race, sex, origin, and relition.
Voting Rights act of 1965
made literacy tests illegal and authorized the justice department to send federal officers in uncooperative states.
19th amendment
gave women the right to vote
(NOW)
national women’s association, pushed change in legislature and in the Supreme Court.
Title IX
prohibiting sex discrimination in schools receiving federal aid.
ERA
the women’s rights movement failed to secure the equal rights amendment (ERA) that detailed that equal rights under the law cannot be denied or abridged by the U.S. or any state based on sex
Equal Pay Act of 1963
it is illegal to pay men and women who work at the same job and do similar work different salaries.
Texas v. Johnson
Johnson burned an american flag to protest the Reagan administration. Johnson was convicted under a Texas law outlawing intentionally damaging an American flag.The supreme court overturned this law, as burning a flag was symbolic speech and fell under the 1st amendment freedom of expression clause.
Hazelwood School District v. Kuhlmeier
a school sponsored newspaper that was written and edited by students was found to have speech that the principal disproved of, and ordered to be removed. This did not violate the 1st amendment because the publication was sponsored by the school and the school had a compelling interest to prevent the publication of articles that they deemed inappropriate
Reynolds v. U.S.
A mormon dude married had two wives and was charged under a federal law that deemed this unconstitutional. Reynolds argued that this impeded on his freedom of expression, as Mormonism required him to marry multiple women. The Supreme Court upheld his convection because although they couldn’t make it illegal to agree with polygamy, they could make the act itself illegal, and people cannot avoid the law just because of religion.
political culture
the dominant set of beliefs, customs, traditions, and values that defines the relationship between citizens and the government
indivisualism
the belief that individuals should be responsible for themselves and the money they make
free enterprise
laissez-faire, economic system where the government is minimally involved
rule of law
nobody, including important people, are above the law
limited government
the government’s authority to govern comes from the people. limited government is the concept of a government limited in its power.
political socialization
experiences and factors that shape people’s political opinions
political ideology
people’s beliefs about the government and politics
generational effect
the impact of historical events on people’s political views
life-cycle impact
the impact of a person’s age on their political views (old people are more likely to support medicare)
globilization
the increasing interconnectedness of businesses, people, and countries.
outsourcing
when a company moves its affairs to where it is cheaper to operate businesses
focus group
a small group of individuals assembled for a convention about specific issues
scientific poll
a representative poll of randomly selected respondents with a statistically significant sample size using neutral language.
sample
a group of individuals from a larger population used to measure public opinion
random selection
a method of choosing all poll respondents where each potential subject has an equal chance of getting selected
representative sample
a sample that reflects the demographics of the population
weighting
a procedure in which the survey is adjusted according to the demographics of the larger population
sampling error
the margin of error of a poll
mass survey
a survey designed to determine the opinions of a population, usually using 1,500 respondents
entrence survey
a poll conducted of people coming to an event
exit poll
a survey conducted outside a polling place where respondents are asked who they voted for and why
benchmark poll
a survey taken at the beginning of a political campaign in order to gauge the support of each candidate
tracking polls
a survey measuring the level of support for a candidate throughout the campaign
random digit dialing
dialing randomly generated phone numbers to select potential survey respondents
question order
the sequence of the questions inpolls
how can the question order effect the results?
if a flag burning question is placed near something about patriotism, people may report more negative opinions. If a flag burning question is placed near something about free speech, people may think more positively about the issue.
question wording
how a question is worded
right
something guaranteed that the government cannot take away.
privilage
something people may obtain or receive, but can be taken away from the government
political ideology
a party’s philosophy about the role of the government and other major issues
party identification
an individual’s attachment to a political party
command and control economy
economic policy where the government dictates much of the nation’s economic activity, including the amount of production and the price of goods
mixed economy
economic policy where many things are left to individuals and businesses and other things are regulated by the government
gdp
gross domestic product, the total value of goods and services produced by an economy
economic recession
a period of decline in economic activity, typically defined by two consecutive quarters of negative GDP growth
unemployment rate
the percent of people who are unemployed who are actively looking for jobs`
inflation
the rise in the prices of goods and services
keynesianism
in times of economic hardship, spend money to encourage economic growth
supply-side theory
trickle down economics; in time of economic hardship deregulate businesses and cut taxes on businesses so businesses will spend more money
fiscal policy
governmental use of taxes and spending to attempt to lower unemployment, support economic growth, and stabilize the economy. Laws passed by congress to support the economy.
monetary policy
the control of the amount of money that is available in the economy to support economic growth
discount rate
the Federal Reserve loans out money to banks. The interest rates of said money is the “discount rate”
What do lower discount rates do to the amount of money in circulation and why?
lower discount rate = banks borrow money from the federal reserve at lower discount (interest) rates
more banks borrow money, more money in circulation, increased inflation
What do higher discount rates do to the amount of money in circulation and why?
banks borrow less money, less money in circulation, decreased inflation
bank reserve requirement
the amount of cash a bank has in hand
What do higher bank reserve requirements do to the amount of money in circulation and why?
reduces the amount of money in circulation, less money in the economy
What do lower discount rates do to the amount of money in circulation and why?
increases the amount of money in circulation, more money in the economy
federal reserve system
board of governors, federal reserve banks, and member banks responsible for monetary policy.
when the Fed sells bonds is there more or less money in the economy?
less; when the fed sells its bonds, its taking money from the people, reducing the amount of money in the economy
when the Fed buys bonds money is there more or less money in the economy?
more; when the fed buys its bonds, it is giving money to the people, increasing the amount of money in the economy
Medicare
old people and disabled
Medicaid
poor people; aiding the poor; first aid
Affordable care act
attempted to make healthcare more accessible. All employers with more 50 full time employees provide health care insurence. People must obtain health care or pay a penalty for not doing so, Expands medicaid benifits.
Party identification
the degree to which a voter is connected and influenced by a particular party
straight ticket voting
voting for all the candidates on the ballot from one political party
split ticket voting
voting for candidates from different parties in the same election
party platform
the set of positions and policy goals that members of a political party agree to
realignment
when the groups of people who support a political party shift their allegiance to another party
critical election
a major national election that signals the change in the balance of power between two elections
divided government
when one party controls congress and another is the president
