Americen Government And Politics Midterm Terms

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Establishment Clause

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First Amendment Clause that says that the state can not condone any practice of religion (“Congress shall make no law respecting an establishment of religion”). Importance: State-sanctioned prayer in public schools--Public schools may not ask students to recite religious texts nor hold a moment of silence for prayer, nor authorize student-led prayer before events-even if the student body is in favor of the prayer.
This and the Free Exercise Clause were most likely a reaction to the Church of England.

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Free Exercise Clause

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“or prohibiting the free exercise thereof” à when combined with the establishment clause, it reads, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.”
The First Amendment clause that protects a citizen’s rights to believe and practice whatever religion he or she chooses.
Importance: Anyone can choose to believe whatever they want as long as their actions are legal--no polygamy etc.
This in combination with the Establishment Clause was most likely a reaction to the Church of England.

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Right to Privacy

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The Constitution does not specifically mention a right to privacy. However, in Griswold v. Connecticut (1965), the Supreme Court ruled that the Constitution protected a right to privacy.
Importance: It is said that a right to privacy is inherent in many of the amendments in the Bill of Rights, such as the 3rd, the 4th's search and seizure limits, and the 5th's self-incrimination limit. It is also apparent in Roe v. Wade in regards to birth control and abortions.

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Affirmative Action

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Government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of these groups with access to educational and employment opportunities.
Importance: Military "don't ask, don't tell" policy. Also, when preferential selection is involved—selection on the basis of race, gender, or ethnicity—affirmative action generates intense controversy.

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Dred Scott v. Sandford (1857)

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Supreme Court Ruling that people of African descent imported into the United States and held as slaves, or their descendants—whether or not they were slaves—were not legal persons and could never be citizens of the United States, slaves could not sue in court, and they could not be taken from their owners without due process.
Importance: Dred Scott v. Stanford was was indirectly overruled in the Slaughter-House Cases, which noted that Dred Scott's holding was superseded by the passage of the 13th Amendment, which abolished slavery, and the 14th Amendment, which granted full rights and citizenship regardless of race.

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13th Amendment

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Ratified in December of 1865, this Amendment abolished slavery and involuntary servitude.
Importance: This Amendment indirectly overturned Dred Scott v. Sandford

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14th Amendment

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Ratified in July of 1868, this Amendment granted full rights and citizenship to everyone regardless of race. States that one can not be deprived of "life, liberty, or property, (or equal protection under the law) without due process of law."
Importance: This Amendment indirectly overturned Dred Scott v. Sandford

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15th Amendment

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Ratified in March of 1870, this Amendment gave any man the right to vote regardless of race, color or previous servitude.
Importance: This was an important step in the Civil Rights movement.

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De Jure Segregation

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Segregation literally enforced by law, such as school segregation and living area segregation in the South before the 1960s.
Importance: Today in the US, there is no such thing as De Jure Segregation, and people of all races and colors are allowed go to school together and live nearby
Ex: Jim Crow Laws-state and local laws enacted between 1876 and 1965 that mandated segregation in all public facilities with a “separate but equal” status for black Americans

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Fe Facto Secregation

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Segregation practiced as a fact of life, without any legal enforcement.
Importance: While De Jure Secregation and Jim Crow laws no longer exist, de facto segregation exists in many areas. There are still areas that are predominantly white areas or African American areas
Ex: “Ghettos”