unit 4 Flashcards

1
Q

Selective Incorporation

A

a constitutional doctrine that ensures that states cannot create laws that infringe or take away the constitutional rights of citizens.

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2
Q

Seditious Speech

A

Schenck v. US 1919
Speaking out against the govt
Schenck arrested for law espionage act
Clear and Present Danger

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3
Q

Civil Liberties

A

individual protections from the government

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4
Q

Bill of Rights

A

First Ten Amendments in U.S. Constitution added in 1791.
“Congress shall make no law”

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5
Q

Pure Speech

A

Cohen V CA 1969
“One man’s vulgarity is another man’s lyric”

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6
Q

Symbolic Speech

A

Tinker v. Des Moines ISD
“Disruption test”
Arm bands wore to protest vietnam war

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7
Q

Obscenity

A

-Roth v US 1957
- Mailer out of NY entitled “American Aphrodite”
First Amendment does not protect obscene speech.

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8
Q

Press

A

Hustler Magazine v. Falwell (1988)
“Actual malice”
Public Official / Public Figures

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9
Q

Speech Posts

A

Anthony Elonis v. US (2015)
Aka Rapper Tone Dougie
“One way to love you and a thousand ways to kill you…”
“Subjective Intent”

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10
Q

Mahanoy Area School District v B.L. (2021)

A

Brandi Levy
“ fuck school fuck softball fuck cheer fuck everything”
Student Prevails

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11
Q

Nohemi Gonzales V. Google (2022) ,Twitter v. Taamneh (2022)

A

“Act of international terrorism”
Liable for aiding and abetting under Section 230

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12
Q

Religion 1st amendment

A

establishment clause

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13
Q

Engel vs. Vitale (1961)

A

the Supreme Court ruled that school-sponsored prayer in public schools violated the establishment clause of the First Amendment.

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14
Q

Santa Fe ISD vs. Jane Doe (2000)

A

Prayer at football game

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15
Q

Free Exercise Clause - Not Absolute

A

May:
Animal Sacrifices
Amish Attendance
May not:
Snake Handling
Polygamy

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16
Q

2nd Amendment - Right to bear arms

A

District of Columbia v. Heller (2008)
“Unloaded and disassembled” or with a “trigger lock”
Right to protect one’s self

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17
Q

4th Amendment Search & Seizure

A

Mapp v. Ohio (1961)
Exclude Illegally Obtained Evidence

Search with No Warrant
Open Fields
Border Search
Public Trash

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18
Q

5th Amendment Self Incrimination

A

Miranda v Arizona (1966)
“Right to remain silent”
Dickerson v US (2000)
“ Part of American Culture”
Salinas v Texas (2013)
“Must invoke the right” - not “ self executing”

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19
Q

8th Amendment Cruel and Unusual Punishment

A

William Henry Furman v. Georgia (1972)
Halted use of death penalty

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20
Q

-Miller v CA 1973
-Literary
-Artistic
-Political
-Scientific

A

Roth and miller should be attached

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21
Q

What is the takings clause?

A

prohibits the government from taking private property without just compensation

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22
Q

Explain the difference between civil liberties and civil rights.

A

Civil rights are not in the Bill of Rights; they deal with legal protections. For example, the right to vote is a civil right. A civil liberty, on the other hand, refers to personal freedoms protected from government intrusion such as those listed in the Bill of Rights

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23
Q

What does the Children’s Internet Protection Act require?

A

require schools and libraries receiving certain federal funding to block children’s access to obscene material, child pornography, and material deemed harmful to minors

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24
Q

Would a college classroom be considered a public forum?

A

No

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25
Q

What can police search without a warrant?

A

Open Fields
Border Search
Public Trash

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26
Q

Explain the significance of the Patriot Act.

A

enabled investigators to gather information when looking into the full range of terrorism-related crimes, including: chemical-weapons offenses, the use of weapons of mass destruction, killing Americans abroad, and terrorism financing

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27
Q

Fiscal Policy

A

is the use of government spending and taxation to influence the economy

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28
Q

economic advisors

A

treasury dept

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29
Q

goals of fiscal policy

A

national interest, please constituents and reduce poverty

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30
Q

monetary policy

A

control a nation’s overall money supply and achieve economic growth

31
Q

federal reserve

A

monitors financial system risks and engages at home and abroad to help ensure the system supports a healthy economy for U.S. households, communities, and businesses.

32
Q

federal reserve term length

A

14 years

33
Q

Social Policy

A

addresses how states and societies respond to global challenges of social, demographic and economic change, and of poverty, migration and globalisation

34
Q

FDR Social Policy

A

New Deal:
AFDC ran by national and state govt( Aid to family with dependent children)
Social Security, nationally ran

35
Q

JFK Social Policy

A

“Rediscovery of poverty”

36
Q

LBJ Social Policy

A

Great Society
Medicaid, ran by state and national level
Medicare , ran by national govt
Food Stamps, ran by state and national level

37
Q

Richard Nixon Social Policy

A

Guarantee an Income
1,600 a month

38
Q

Ronald Reagan Social Policy

A

Family Support Act
Work
Child Support

39
Q

Bill Clinton Social Policy

A

“End welfare as we know it”

Welfare Reform Law
AFDC renamed TANF
Time Limits
Work Requirements

40
Q

Bush Jr Social Policy

A

Healthy Marriage Initiative

41
Q

Obama Social Policy

A

Food Stamps Renamed SNAP

42
Q

Donald J. Trump Social Policy

A

Harvest Box

43
Q

Sleepy Joe Social Policy

A

American Families Plan

44
Q

Foreign Policy

A

Congress can declare war, Confirm Ambassadors & Treaties , Appropriations

President, State Department , Defense Department , National Security Council , Joint Chiefs of Staff

Goals, World Peace, Economic Prosperity , Human Rights , Democracy

45
Q

Areas of Policy (FP)

A

Isolationism, George Washington , Monroe Doctrine
Internationalism, Pearl Harbor , Cold War
Superpower - ability to use nuclear weapon , Korean War, Vietnam War
Humanitarianism , Kosovo , Haiti , Darfur
Terrorism , “axis of evil”
Nationalism , USMCA , Argentina, Brazil

46
Q

Political Organizations (FP)

A

UN
NATO

47
Q

Economic Organizations (FP)

A

IMF - Stability of International monetary system
World Bank - Loans For Infrastructure
WTO - “most favored nation” status

48
Q

Civil Rights

A

protect groups of people

49
Q

Homer Plessy v. Ferguson (1896)

A

” separate but equal”
dissent says constitution is color blind
Homer Plessy, seven-eighths white, seated himself in the whites-only car and was arrested. He argued that Louisiana’s segregation law violated the 13th Amendment banning of slavery and the 14th Amendment’s Equal Protection Clause.

50
Q

Sylvia Mendez v. Westminster (1947)

A

Wasn’t aloud to enroll in school because of her skin
Review state of california
Desegregate Public schools

51
Q

George McLaurin v. Oklahoma State (1950)

A

McLaurin is a “non traditional student” - over age of 25
Can’t admit cause they don’t have a separate of equal school to attend
Provide Access to PhD Program

52
Q

Heman Sweatt v. Painter (1950)

A

Non traditional student
Provide Access to Law School

53
Q

Brown v Board of Education Topeka Kansas

A

Overturned the plessy ruling

54
Q

Hernandez v Driscoll CISD 1956

A

Had to go through the first grade three times
Was violating rights

55
Q

Civil RIghts Act of 1964

A

prohibits discrimination on the basis of race, color, religion, sex or national origin

56
Q

Civil Right groups

A

African Americans
SCLC

Native Americans
AIM

Hispanics
LULAC

Asian Americans
AALDEF

Women
NOW

Homosexuals
LLDEF

Disabled Americans
ADAPT
Americans With Disabilities Act
-reasonable accommodations

57
Q

Affirmative action

A

programs attempting to either compensate for past discriminator or to create more diversity

58
Q

University of CA V. Bakke

A

Quota System
Counted races admitted
Affirmative Action is lawful

59
Q

Hopwood vs. Texas

A

Outlawed use of Affirmative Action in Miss, TX, and LA
Top Ten Percent Law
Overturns affirmative action

60
Q

Grutter v. Bollinger

A

“University of Michigan Case”
Point System (20 pts)
Violates Equal Protection
Reaffirms Affirmative Action

61
Q

UT Austin

A

High School Students Shrinking Percentage
Transfer Students “holistic review”

62
Q

Dred Scot v. Sandford

A

was a landmark decision of the United States Supreme Court that held the United States Constitution did not extend American citizenship to people of black African

63
Q

13th amendment

A

abolished slavery in the United States

64
Q

14th amendment

A

granted citizenship to all persons born or naturalized in the United States—including former enslaved people—and guaranteed all citizens “equal protection of the laws.

65
Q

15th amendment

A

granted African American men the right to vote

66
Q

NAACP

A

Founded by W. E. B. Du Bois, Ida B. Wells, to ensure the political, educational, equality of minority group citizens of States and eliminate race prejudice

67
Q

What is de jure segregation and de facto

A

segregation that is imposed by law, de facto- a situation in which legislation did not overtly segregate students by race, but nevertheless school segregation continue

68
Q

Medicaid

A

a program of medical aid designed for those unable to afford regular medical service and financed by the state and federal governments.

69
Q

medicare

A

federal health insurance program for: People who are 65 or older.

70
Q

diplomacy

A

the art and science of maintaining peaceful relationships between nations

71
Q

difference between soft power and hard power.

A

A military invasion is hard power. Economic sanctions are hard power. In contrast, coopted or soft power is the capacity to persuade others to do what one wants

72
Q

Describe what constitutes a recession.

A

a temporary contraction of the economy in which there is no economic growth for two consecutive quarters

73
Q

two presidencies theory.

A

president deals with both Foreign and Domestic Policy