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118 Cards in this Set
- Front
- Back
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define civil liberties
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protection from gov’t intrusion
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name 3 civil liberties
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Freedom of speech, religion, right to bear arms
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where do our civil liberties come from?
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the bill of rights
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what do people need to keep in mind when referring to civil rights?
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it only applies to the federal gov't
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what case established that civil rights only apply to the federal gov't?
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Barron v. Baltimore (1833)
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which amendment states that, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US… nor shall any state deprive any person of life, liberty, or property, without due process of law"?
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14th amendment
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what were the 3 "civil war amendments"
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13th, 14th, and 15th amendments
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what amendments are included in the bill of rights?
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amendments 1-10
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what was the goal of the 14th amendment?
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to give newly freed slaves equal rights as citizens
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stated that "slavery or involuntary servitude" would be abolished "except for crime whereof the party shall have been duly convicted"; enforced by congress
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13th amendment
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part of the 14th amendment that forbids states from denying "life, liberty, or property" to any person without due process of law.
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due process clause
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Early on, the due process clause was interpreted as only applying to who?
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newly freed slaves
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a radical socialist convicted under NY's Criminal Anarchy Act of 1902 for advocating the overthrow of the gov't.
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Benjamin Gitlow
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How did the Supreme Court rule in Gitlow v. New York?
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in Gitlow's favor; said freedom of speech is ‘liberty’ protected by the due process clause
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the states did not fully recognize what amendment until the 1930's?
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1st amendment
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the process through which the civil liberties granted in the bill of rights were applied to the states on a case-by-case basis through the 14th amendment; was also used to force states to abide by Bill of Rights.
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selective incorporation
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the 1960's saw selective incorporation of what two amendments?
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5th and 6th amendments
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what case and issue selectively incorporated the 5th amendment?
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protection form forced self-incrimination; resolved by Malloy v. Hogan (1964)
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what case and issue selectively incorporated the 6th amendment?
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right to public trial; In re Oliver 333 U.S. 257 (1948)
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Act stating that it was a crime to “write, print, utter, or publish… any false, scandalous and malicious writing… against the gov’t”
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Alien and Sedition Acts (1798)
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what were the real motives behind the Alien and Sedition Acts?
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Federalists trying to shut up the Democratic-Republican Party
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the general secretary of the Socialist Party who strongly opposed U.S. involvement in WW1 and printed 15,000 leaflets that he was in the process of mailing to young men who had been drafted to serve in the army.
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Charles Schenk
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act that prohibited interfering with military or naval operations
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Espionage Act of 1917
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What was Charles Schenk eventually convicted of?
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espionage
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popular metaphor and frequent paraphrasing of Oliver Wendell Holmes, Jr.'s opinion in the United States Supreme Court case Schenck v. United States in 1919.
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"Shouting fire in a crowded theatre"
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established in Schenk v. U.S.A., this test allows the gov't to restrict certain types of speech deemed dangerous
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clear and present danger test
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court case establishing that congress can regulate speech if there is a ‘clear and present danger’
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Schenk v. U.S (1919)
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nonverbal expression, such as the use of signs or symbols. it benefits from many of the same constitutional protections of verbal speech.
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symbolic speech
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what case 1989 case provided the strongest protection for symbolic speech yet?
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Texas v. Johnson
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man who burned a flag outside the 1984 Republican national convention in Texas
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Gregory Johnson
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In response to the extremely unpopular decision by the Supreme Court in Texas v. Johnson, Congress passed what act?
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Flag Protection Act of 1989
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ultimately, what happened to the Flag Protection Act and all other attempts of flag protection that followed?
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ruled as unconstitutional by the Supreme Court
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What are 3 political contributions of symbolic speech?
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Balance between right to ‘speech’ and honest/ethical elections, Candidates can spend as much of own money, Corporations now able to spend directly
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expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. it is currently protected under the 1st amendment.
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hate speech
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gov’t ability to prohibit press from publishing
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prior restraint
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words directed at an individual that are meant to harm and breach the peace by "their very utterance". Can be regulated by the gov't but can be difficult to define.
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fighting words
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spoken false statements that damage a person's reputation. can be regulated by the gov't but are often difficult to distinguish from permissible speech.
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slander
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written false statements that damage a person's reputation. can be regulated by the gov't but are often difficult to distinguish from permissible speech.
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libel
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what two groups of people are excluded from the lines of slander and libel?
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celebrities and public officials
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established in Miller v. California, the Supreme Court uses this three-part test to determine whether or not speech meets the criteria for obscenity. if so, it can be restricted by the gov't.
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the Miller Test
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part of the 1st amendment that states "Congress shall make no law respecting an establishment of religion," which has been interpreted to mean that Congress cannot sponsor or favor any religion.
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Establishment Clause
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Part of the 1st amendment that states Congress cannot prohibit or interfere with the practice of religion
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Free Exercise Clause
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amendment stating that "a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arm, shall not be infringed".
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2nd amendment
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mandated a background check and five-day waiting period before purchasing a handgun; revised in 1998 to require a computerized background check that can usually be done in minutes.
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Brady Bill
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what major event prompted calls for stronger gun control laws and eventually the Brady Bill?
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the attempted assassination of Ronald Reagan
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the priciple that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial.
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Exclusionary Rule
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Protection from unreasonable search and seizure was established by what landmark court case?
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Mapp v. Ohio (1961)
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what was found in Ms. Dollree Mapp's apartment as a result of search and seizure by police in 1961?
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possession of illegal pornography
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Why was Mapp's conviction thrown out the window by the court?
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The police found the pornography by unlawful search and seizure.
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The list of civil liberties described in the 5th amendment that must be read to a suspect before anything the suspect says can be used in a trial
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Miranda Rights
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Being tried twice for the same crime. This is prevented by the 5th amendment
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Double Jeopardy
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amendment guaranteeing Right to trial, confront accusers, and bring witnesses
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6th amendment
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court case establishing right to “effective” counsel (a lawyer)
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Gideon v. Wainwright
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what was Clarence Gideon accused of?
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breaking and entering a pool hall and stealing beer, wine, and money from a vending machine
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what was so unique about the Gideon case?
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Clarence Gideon defended himself
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What reason did the court give for unanimously overturning the Gideon v. Wainwright case?
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any person brought to court who is to poor to hire a lawyer cannot be assured a fair trial unless counsel is provided for him
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What did the Gideon v Wainwright case establish?
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right to effective counsel (a lawyer)
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amendment prohibiting any "cruel and unusual punishment"
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8th amendment
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What groups of people are forbidden to be put to death?
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Forbidden for under 18; mildly retarded, insane
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liberties protected by several amendments in the bill of rights that shield certain personal aspects of citizens' lives from governmental interference, such as the 4th amendment's protection against unreasonable searches and seizures.
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privacy rights
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Griswold v. Connecticut (1965) addressed what?
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A Connecticut law banning birth control
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Why was the Griswold v Connecticut case significant?
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it established the constitutional basis for a right to privacy.
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Why was Roe v. Wade significant?
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it struck down laws in 46 states that limited abortion. it also allowed states to regulate abortions in interests of the health of the mother.
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what years were the Reconstruction Era in the South?
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1866-1877
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Rights guaranteed by gov’t to be free from discrimination
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Civil Rights
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Civil rights are Rooted in the equal protection clause of what amendment?
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the 14th amendment
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what were 3 Disenfranchisement efforts during the reconstruction era to discourage blacks from voting?
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o Poll taxes
o Literacy tests o White primaries |
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How many blacks voted as a result of disenfranchisement?
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<10%
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what were Jim crow laws designed to do?
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Segregated public facilities such as Schools, restrooms, restaurants, cemetaries
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what court case validated Jim Crow laws and what social law did the case enact?
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Validated by Plessy v. Ferguson (1896); Separate but equal
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What major court case ended 'separate but equal'?
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Brown v Board of Education (1953)
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What was the first change made due to Brown v Board of Edu.?
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All public schools must desegregate
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Act which mandates explicit prohibition against laws making it difficult to vote such as literacy tests
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Voting rights act
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o Prohibit gender discrimination in higher ed institutions
o Led to gender equity in sports scholarships |
Title IX of Higher Education Act
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$500 million emergency aid for the poor, Civilian Conservation Corps (later WPA) – 2 million jobs, Social Security, Nat’l Labor Relations Act – right to organize a union
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New Deal
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Why is Social Security popular?
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everyone pays in; everyone receives benefits. And as a result very few elderly live in poverty
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Why is Social Security in trouble?
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many of the Baby boom generations (1946-1964) are about to retire and not enough people to pay into system to support retirees
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Health insurance for elderly
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Medicare
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Health insurance for poor and Federal gov’t gives states money; states decide who gets covered
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Medicaid
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the theoretical point at which all citizens who want to be employed have a job.
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Full Employment
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a deep, widespread downturn in the economy
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economic depression
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the increase in the price of consumer goods over time
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inflation
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Measure of overall economic output and activity; growth indicates strength
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Gross Domestic Product (GDP)
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a Decrease in GDP growth for 2 consecutive quarters means what?
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recession
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what is considered a good level for GDP?
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~4%
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Revenues minus spending = what?
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Federal Deficit
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Total accumulated yearly deficits
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Federal Debt
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Expenditures required by law such as Social Security/Medicare/Interest on debt
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Mandatory Spending
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Spending that can be cut without changing the law
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Discretionary Spending
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Name some examples of Discretionary Spending
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Defense, FBI, national parks, transportation, Student loans, Food stamps
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o Taxes that take a larger share of low income people’s income than wealthy people’s income; Higher income = lower rate; also includes Payroll taxes (Social Security; Medicare)
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Regressive Tax
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Taxes that require higher income people to pay higher tax rate; The more you make, the higher the tax rate; includes Income tax
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Progressive Tax
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foreign policy that US should refrain from involvement in international affairs
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Isolationism
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foreign policy that US should be involved because of self-interest and moral obligation
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Internationalism
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idea that a country's foreign policy decisions are motivated by self-interest and the goal of gaining more power
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Realism
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idea that a country's foreign policy decisions are based on factors beyond self-interest, including themselves as liberals and conservatives
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Idealism
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Use of American resources to help create democratic countries; ex: Iraq
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Nation Building
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states that the US would be neutral in European conflicts
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Monroe Doctrine
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US's efforts to stop spread of Soviet influence through the use of diplomatic, economic, and military strategies.
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Containment
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idea held by American foreign policy makers during the cold war that the creation of one Soviet-backed communist nation would lead the to the spread of communism in that nation's region
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Domino theory
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approach to foreign policy in which cultural exchanges and negotiations are used to reduce tensions between rival nations; ex: US and USSR
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Détente
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name some tools of foreign policy
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Military, Trade and economic policies, Diplomacy, Foreign aid, Treaties/Alliances,
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formal written agreements between countries involving trade, security, or economic policies
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Treaty
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agreement between countries pledging support if one is attacked
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Alliance
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How is California different from other states politically?
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More majoritarian than other states because of Direct voter participation
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How many seats are in the California State Assembly?
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80 seats
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How many seats are in the California State Senate?
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40 seats
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What is the term limit for the California State Assembly?
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3 two-year terms
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What is the term limit for the California State Senate?
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2 four-year terms
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Who is the speaker for the California State Assembly?
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John A. Perez
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What is a recall used for?
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to throw out a politician before term is up
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how many days do you have to collect signatures for a recall?
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150 days
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capped increases in value of homes, Keeps property taxes low as long as you don’t move to another house
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Prop 13
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a proposal for a new statue of constitutional provision that is wholly drafted by citizens and voted on by the state electorate
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Initiative
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What is the problem with initiatives?
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they're not used to check corrupt legislature anywhere & are mostly used by special interests for narrow policies
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Came to power in the wake of scandals at the turn of the century; included people like T. Roosevelt, Hiram Johnson, Political reformers and Businessmen who wanted to bring technical expertise into government
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Progressive Movement
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the boss of San Francisco was elected governor in 1910 after successfully prosecuting Abraham Ruef.
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Hiram Johnson
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What were Hiram Johnson's two main goals?
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Eliminate special interests and Make gov’t responsive to the people
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