Amer Gov Exam 2

Front 1

Civil rights

Back 1

Powers or privileges guaranteed
to individuals and protected
from arbitrary removal
at the hands of government
or individuals.

Front 2

Civil liberties

Back 2

Freedoms guaranteed to individuals
taking the form of
restraint on government.

Front 3

2 types of civil liberties

Back 3

Substantial- restraints limiting what the government shall have the power to do, such as restricting freedom of speech, freedom of religion, or freedom of the press.

Procedural - restraints on how the government can act. For example, citizens are guaranteed due process of law when they are charged with a crime.

Front 4

Lemon v. Kurtzman (1971)

Back 4

the Court struck down a state program
that would have helped pay the salaries of teachers hired by parochial
schools to give instruction in secular subjects.12
Led to the Lemon test
consists of three prongs:
The government's action must have a secular legislative purpose; (Purpose Prong)
The government's action must not have the primary effect of either advancing or inhibiting religion; (Effect Prong)
The government's action must not result in an "excessive government entanglement" with religion. (Entanglement Prong)

Front 5

Engel v. Vitale (1962)

Back 5

a landmark United States Supreme Court case that ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.

Front 6

Sherbert v. Verner (1963)

Back 6

a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required that government demonstrate a compelling government interest before denying unemployment compensation to someone who was fired because their job conflicted with their religion.

Front 7

Strict scrutiny test

Back 7

A standard used by the
Supreme Court in deciding
whether a law or policy is discrimination on the account of a citizen's race, social class, ethnicity, religion.
To pass strict scrutiny, the
law or policy must be justified
by a ‘‘compelling governmental
interest,’’ must be
narrowly tailored, and must
be the least restrictive means
for achieving that interest.

Front 8

Schneck v. U.S. (1919)

Back 8

Charles T. Schenck and his fellow defendants were convicted under a federal
criminal statute for attempting to disrupt World War I military recruitment
by distributing leaflets claiming that conscription was unconstitutional. The
government believed this behavior threatened the public order.
Led to Clear and present Danger test

Front 9

Gitlow v. New York (1925)

Back 9

a decision by the United States Supreme Court decided on June 8, 1925, which ruled that the Fourteenth Amendment to the United States Constitution had extended the reach of certain limitations on federal government authority set forth in the First Amendment—specifically the provisions protecting freedom of speech and freedom of the press—to the governments of the individual states
Bad tendency Test is a test which permits restriction of freedom of speech by government if it is believed that a form of speech has a sole tendency to incite or cause illegal activity.

Front 10

Libel/Slander

Back 10

Libel is the written defamation of character. -More serious
Slander is the oral defamation of character.

Front 11

Actual malice

Back 11

Statements made with knowledge
that they are false or in reckless disregard for their truth or falsity)

Front 12

Palko v. Connecticut (1937)

Back 12

Double jeopardy case
The Supreme Court upheld Palko's second conviction. In his majority opinion, Cardozo formulated principles that were to direct the Court's actions for the next three decades. He noted that some Bill of Rights guarantees--such as freedom of thought and speech--are fundamental, and that the Fourteenth Amendment's due process clause absorbed these fundamental rights and applied them to the states. Protection against double jeopardy was not a fundamental right.

Front 13

Miranda v. Arizona (1966)

Back 13

Led to Miranda rights
a landmark decision of the United States Supreme Court which passed 5–4. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them.

Front 14

New York Times Co. v. Sullivan

Back 14

the Supreme Court declared that freedom of the
press takes precedence—at least when the defamed individual is a public
official.47

Front 15

Duncan v. Louisiana (1968)

Back 15

the right to a jury trial in criminal cases, which is
guaranteed by the Sixth Amendment.

Front 16

Gideon v. Wainwright(1963)

Back 16

the Supreme Court unanimously ruled that state courts are required under the Fourteenth Amendment to the U.S. Constitution to provide counsel in criminal cases to represent defendants who are unable to afford to pay their own attorneys.

Front 17

Mapp v. Ohio (1961)

Back 17

a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state cases

Front 18

Bowers v. Hardwick (1986)

Back 18

the Constitution does not protect homosexual relations between consenting adults, even in the privacy of their own homes.

Front 19

Webster v. Reproductive Health Services (1989)

Back 19

the Supreme Court upheld the constitutionality
of a Missouri law that denied the use of public employees or
publicly funded facilities in the performance of an abortion unless the woman’s
life was in danger.90 Furthermore, the law required doctors to perform
tests to determine whether fetuses twenty weeks and older could survive
outside the womb.

Front 20

Protectionism

Back 20

The notion that women must
be protected from life’s
cruelties; until the 1970s, the
basis for laws affecting
women’s civil rights.

Front 21

United States v. Leon (1984) [good faith exception]

Back 21

Established good faith exception to exclusionary rule.
justices held that the state
could introduce at trial evidence seized on the basis of a mistakenly issued
search warrant. The exclusionary rule, argued the majority, is not a right but
a remedy against illegal police conduct.

Front 22

Discrimination (invidious/benign)

Back 22

invidious -harmful
Benign- harmless

Front 23

Katzenbach v. McClung (1964)

Back 23

the Court held that Congress acted within its power under the Commerce Clause of the United States Constitution in forbidding racial discrimination in restaurants as this was a burden to interstate commerce.

Front 24

19th amendment

Back 24

prohibits any United States citizen from being denied the right to vote on the basis of sex

Front 25

24th amendment

Back 25

prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax
Poll Tax -A tax of $1 or $2 on every citizen who wished to
vote,

Front 26

Equal Rights Amendment

Back 26

a proposed amendment to the United States Constitution designed to guarantee equal rights for women

Front 27

Civil Rights Act of 1875

Back 27

a United States federal law enacted during the Reconstruction Era that guaranteed African Americans equal treatment in public accommodations, public transportation, and prohibited exclusion from jury service.

Front 28

Plessy v. Ferguson (1892)

Back 28

upheld state-imposed racial segregation.12 They
based their decision on what came to be known as the separate-but-equal
doctrine, which held that separate facilities for blacks and whites satisfied the
Fourteenth Amendment as long as they were equal.

Front 29

Brown v. Board of Education (1954)

Back 29

the Supreme Court carried the
banner of racial equality by striking down state-mandated segregation in
public schools.

Front 30

Civil Rights Act of 1964

Back 30

outlawed discrimination based on race, color, religion, sex, or national origin

Front 31

Voting Rights Act of 1965

Back 31

empowered the attorney general to send
voter registration supervisors to areas in which fewer than half the eligible
minority voters had been registered.

Front 32

US citizenship for Native Americans

Back 32

1924

Front 33

Indian Removal Act of 1830

Back 33

Forced indians in southern US to relocate to federal land west of the Mississippi river

Front 34

Tribal Restoration Act (1934)

Back 34

aimed at decreasing federal control of American Indian affairs and increasing Indian self-government and responsibility

Front 35

Indian Claims Commission (1946)

Back 35

a judicial panel for relations between the US & Native Americans to hear claims of Indian tribes against the United States

Front 36

1980s result of Indian Claims Commission

Back 36

In 1980, the Supreme Court ordered the national government
to pay the Sioux $117 million plus interest for the Black Hills of South
Dakota

Front 37

Indian Civil Rights Act of 1968

Back 37

makes many, but not all, of the guarantees of the Bill of Rights applicable within the tribes.

Front 38

1965 immigration bill

Back 38

abolished quota system and placed immigrants' skills and family relationships within US. signed by LBJ

Front 39

1883 US Supreme Court Ruling

Back 39

the Court struck down the public accommodations
section of the Civil Rights Act of 1875.10 The justices declared that the national
government could prohibit only government action that discriminated against
blacks

Front 40

Cesar Chavez (movement/results)

Back 40

In 1965, Cesar Chavez led a strike of the United Farm Workers union
against growers in California. The strike lasted several years and eventually,
in combination with a national boycott, resulted in somewhat better pay,
working conditions, and housing for farm workers.

Front 41

Equal Pay Act of 1963

Back 41

required equal pay for men and
women doing similar work.

Front 42

Title VII of Civil Rights Act of 1964

Back 42

added prohibited
employment discrimination based on gender

Front 43

Corpus Christi Independent School District v. Cisenros (1971)

Back 43

Recognized Mexican-americans as a minority group that then prevented them from being discriminated against

Front 44

Bradwell v. Illinois (1873)

Back 44

maintained that the Fourteenth
Amendment had no bearing on a state’s authority to regulate admission of (female)
members to the bar

Front 45

Title IX of Education Amendments (1972)

Back 45

prohibited sex discrimination in federally aided education programs.

Front 46

Civil War Amendments: 13, 14, 15 & ratification dates

Back 46

13th -abolished slavery and involuntary servitude, except as punishment for a crime 1865
14th -provides
first that freed slaves are citizens: 1868
15th - prohibits the federal and state governments from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude" 1870

Front 47

Freedoms/Guarantees in 1st, amendments

Back 47

1. Freedom of speech
2. Freedom of religion
3. Freedom of press
4. Freedom of assembly
5. Freedom of petition

Front 48

Equal protection/due process clauses

Back 48

.

Front 49

Clear and present Danger test

Back 49

A means by which the
Supreme Court has distinguished
between speech as
the advocacy of ideas, which
is protected by the First
Amendment, and speech as
incitement, which is not
protected.

Front 50

Freedoms/Guarantees in , 4th, \amendments

Back 50

freedom from unlawful search and seizures

Front 51

Freedoms/Guarantees in , 5th amendments

Back 51

Due process & protects you from being held for committing a crime unless you have been indicted correctly by the police

Front 52

Freedoms/Guarantees in , 6th, amendments

Back 52

Right to a jury trial and to counsel

Front 53

Freedoms/Guarantees in 8th amendments

Back 53

does not allow the federal government to impose bail that is in excessive amounts, fines that are excessive, or punishments that are cruel and unusual.

Front 54

Freedoms/Guarantees in 9th amendments

Back 54

negates any growth of governmental power due to the enumeration of rights found in the Constitution.