unit 4 Flashcards
Selective Incorporation
a constitutional doctrine that ensures that states cannot create laws that infringe or take away the constitutional rights of citizens.
Seditious Speech
Schenck v. US 1919
Speaking out against the govt
Schenck arrested for law espionage act
Clear and Present Danger
Civil Liberties
individual protections from the government
Bill of Rights
First Ten Amendments in U.S. Constitution added in 1791.
“Congress shall make no law”
Pure Speech
Cohen V CA 1969
“One man’s vulgarity is another man’s lyric”
Symbolic Speech
Tinker v. Des Moines ISD
“Disruption test”
Arm bands wore to protest vietnam war
Obscenity
-Roth v US 1957
- Mailer out of NY entitled “American Aphrodite”
First Amendment does not protect obscene speech.
Press
Hustler Magazine v. Falwell (1988)
“Actual malice”
Public Official / Public Figures
Speech Posts
Anthony Elonis v. US (2015)
Aka Rapper Tone Dougie
“One way to love you and a thousand ways to kill you…”
“Subjective Intent”
Mahanoy Area School District v B.L. (2021)
Brandi Levy
“ fuck school fuck softball fuck cheer fuck everything”
Student Prevails
Nohemi Gonzales V. Google (2022) ,Twitter v. Taamneh (2022)
“Act of international terrorism”
Liable for aiding and abetting under Section 230
Religion 1st amendment
establishment clause
Engel vs. Vitale (1961)
the Supreme Court ruled that school-sponsored prayer in public schools violated the establishment clause of the First Amendment.
Santa Fe ISD vs. Jane Doe (2000)
Prayer at football game
Free Exercise Clause - Not Absolute
May:
Animal Sacrifices
Amish Attendance
May not:
Snake Handling
Polygamy
2nd Amendment - Right to bear arms
District of Columbia v. Heller (2008)
“Unloaded and disassembled” or with a “trigger lock”
Right to protect one’s self
4th Amendment Search & Seizure
Mapp v. Ohio (1961)
Exclude Illegally Obtained Evidence
Search with No Warrant
Open Fields
Border Search
Public Trash
5th Amendment Self Incrimination
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”
8th Amendment Cruel and Unusual Punishment
William Henry Furman v. Georgia (1972)
Halted use of death penalty
-Miller v CA 1973
-Literary
-Artistic
-Political
-Scientific
Roth and miller should be attached
What is the takings clause?
prohibits the government from taking private property without just compensation
Explain the difference between civil liberties and civil rights.
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
What does the Children’s Internet Protection Act require?
require schools and libraries receiving certain federal funding to block children’s access to obscene material, child pornography, and material deemed harmful to minors
Would a college classroom be considered a public forum?
No
What can police search without a warrant?
Open Fields
Border Search
Public Trash
Explain the significance of the Patriot Act.
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
Fiscal Policy
is the use of government spending and taxation to influence the economy
economic advisors
treasury dept
goals of fiscal policy
national interest, please constituents and reduce poverty
monetary policy
control a nation’s overall money supply and achieve economic growth
federal reserve
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.
federal reserve term length
14 years
Social Policy
addresses how states and societies respond to global challenges of social, demographic and economic change, and of poverty, migration and globalisation
FDR Social Policy
New Deal:
AFDC ran by national and state govt( Aid to family with dependent children)
Social Security, nationally ran
JFK Social Policy
“Rediscovery of poverty”
LBJ Social Policy
Great Society
Medicaid, ran by state and national level
Medicare , ran by national govt
Food Stamps, ran by state and national level
Richard Nixon Social Policy
Guarantee an Income
1,600 a month
Ronald Reagan Social Policy
Family Support Act
Work
Child Support
Bill Clinton Social Policy
“End welfare as we know it”
Welfare Reform Law
AFDC renamed TANF
Time Limits
Work Requirements
Bush Jr Social Policy
Healthy Marriage Initiative
Obama Social Policy
Food Stamps Renamed SNAP
Donald J. Trump Social Policy
Harvest Box
Sleepy Joe Social Policy
American Families Plan
Foreign Policy
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
Areas of Policy (FP)
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
Political Organizations (FP)
UN
NATO
Economic Organizations (FP)
IMF - Stability of International monetary system
World Bank - Loans For Infrastructure
WTO - “most favored nation” status
Civil Rights
protect groups of people
Homer Plessy v. Ferguson (1896)
” 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.
Sylvia Mendez v. Westminster (1947)
Wasn’t aloud to enroll in school because of her skin
Review state of california
Desegregate Public schools
George McLaurin v. Oklahoma State (1950)
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
Heman Sweatt v. Painter (1950)
Non traditional student
Provide Access to Law School
Brown v Board of Education Topeka Kansas
Overturned the plessy ruling
Hernandez v Driscoll CISD 1956
Had to go through the first grade three times
Was violating rights
Civil RIghts Act of 1964
prohibits discrimination on the basis of race, color, religion, sex or national origin
Civil Right groups
African Americans
SCLC
Native Americans
AIM
Hispanics
LULAC
Asian Americans
AALDEF
Women
NOW
Homosexuals
LLDEF
Disabled Americans
ADAPT
Americans With Disabilities Act
-reasonable accommodations
Affirmative action
programs attempting to either compensate for past discriminator or to create more diversity
University of CA V. Bakke
Quota System
Counted races admitted
Affirmative Action is lawful
Hopwood vs. Texas
Outlawed use of Affirmative Action in Miss, TX, and LA
Top Ten Percent Law
Overturns affirmative action
Grutter v. Bollinger
“University of Michigan Case”
Point System (20 pts)
Violates Equal Protection
Reaffirms Affirmative Action
UT Austin
High School Students Shrinking Percentage
Transfer Students “holistic review”
Dred Scot v. Sandford
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
13th amendment
abolished slavery in the United States
14th amendment
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.
15th amendment
granted African American men the right to vote
NAACP
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
What is de jure segregation and de facto
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
Medicaid
a program of medical aid designed for those unable to afford regular medical service and financed by the state and federal governments.
medicare
federal health insurance program for: People who are 65 or older.
diplomacy
the art and science of maintaining peaceful relationships between nations
difference between soft power and hard power.
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
Describe what constitutes a recession.
a temporary contraction of the economy in which there is no economic growth for two consecutive quarters
two presidencies theory.
president deals with both Foreign and Domestic Policy
