Psci 1201: Exam #2

Front 1

Barron v. Baltimore (1833)

Back 1

-Provision in the fifth Amendment was applicable to National government only; not to state legislation.
-Bill of Rights pertains to National government only.

Front 2

Everson v. Board of Education (1947)

Back 2

It incorporated the Establishment Clause.

Front 3

Engel v. Vitale (1962)

Back 3

Supreme Court declares a nondenominational public school prayer in New York an unconstitutional establishment of religion.

Front 4

Lemon v. Kurtzman (1971)

Back 4

This established the Lemon Test

Front 5

U.S. v. Reynolds (1878)

Back 5

Supreme Court outlawed/banned polygamy
polygamy = taking multiple wives

Front 6

Cantwell v. Connecticut (1940)

Back 6

The Free exercise clause was incorporated

Front 7

The flag salute cases (1940-1942)

Back 7

West Virginia law requiring school children to salute the flag was controlling the right to freely exercise one's religion, therefore unconstitutional.

Front 8

Sedition Act of 1798

Back 8

Resulted in the conviction of Jeffersonian editors who were critical of President Adams.

Front 9

Schenck vs. U.S. (1919)

Back 9

Supreme Court establishes the Clear and Present Danger test for speech

Front 10

Gitlow v. New York (1925)

Back 10

Supreme Court "incorporated" freedom of speech

Front 11

Brandenburg vs. Ohio (1969)

Back 11

Can a K.K.K. Member advocate "revenge on public officials?
Yes, by a 5 to 4 margin his conviction was overturned.

Front 12

Tinker vs. Des Miones School District (1969)

Back 12

-Supreme Court ruled that the black arm band was constitutionally protected "speech."
-Supreme Court expanded the definition of speech to "freedom of expression."

Front 13

Cohen v. California (1971) -not bolded

Back 13

Is a "F*ck the draft" jacket protected by the first Amendment?
The Supreme Court overturned his conviction and protected the jacket.

Front 14

U.S. vs. O'Brion (1968) -not bolded

Back 14

Supreme Court upheld the conviction of O'Brion ruling that this was the destruction of government property.

Front 15

Texas vs. Johnson (1989)

Back 15

By a 5 to 4 margin, the Supreme Court ruled that flag burning is constitutionally protected symbolic speech.

Front 16

Roth vs. United States (1957)

Back 16

Supreme Court rules for first time that obscenity is not constitutionally protected.

Front 17

Stanley vs. Georgia (1969) -not bolded

Back 17

Supreme Court rules that the private possession of pornography is protected.

Front 18

Miller vs. California (1973)

Back 18

Community standard can now define obscenity.
Question: The Supreme Court ruled ________ standards can define obscenity.

Front 19

Ferber vs. New York (1982)

Back 19

Supreme Court rules that the use of children in pornography is obscene and not protected by the first Amendment.

Front 20

Ashcroft vs. Free Speech Coalition (2002)

Back 20

Supreme Court rules that "virtual child porn" is protected by the first Amendment.

Front 21

Barnes vs. Glen Theatre (1991)

Back 21

Supreme Court using Community Standards rules that Indiana can ban nude dancing.
By a 5 to 4 vote, the Court ruled that Pennsylvania can ban nude dancing.

Front 22

Near vs. Minnesota (1931) -not bolded

Back 22

Supreme Court protects a racist newspaper and "incorporates" freedom of the Press.

Front 23

NY Times vs, U.S. (1971)

Back 23

"Pentagon Papers"
The Supreme Court allowed the publication of a top secret government document called the "Pentagon Papers"

Front 24

Hazelwood vs. Kuhlmcier (1987)

Back 24

Supreme Court rules that "The Children's Press" has fewer rights than the adult press.

Front 25

NY Times vs. Sullivan (1964)

Back 25

Supreme Court establishes a difficult standard for libel in the case of public officials.

Front 26

Hustler Magazine vs. Falwell (1989) -not bolded

Back 26

"Falwell vs. Flynt"
A unanimous Supreme Court rules that a Hustler Magazine parody of the Rev. Falwell is not libel.

Front 27

Dred Scott vs. Sandford (1857)

Back 27

Supreme Court ruled that Dred Scott was not a citizen and therefore has no right to sue in court.

Front 28

Warren Court (1953-1969)

Back 28

This court significantly expanded the rights of criminal defendants.

Front 29

Mapp vs. Ohio (1961)

Back 29

The warren court "incorporated" the 4th Amendment and applied the exclusionary rule in this case.
The exclusionary rule states that prosecutors cannot introduce evidence that is illegally obtained.

Front 30

U.S. vs. Leon (1984)

Back 30

Supreme Court establishes "Good faith" exceptions to the exclusionary rule.

Front 31

California vs. Acevedo (1992)

Back 31

Supreme Court in a unanimous decision rules that the police may not stop and frisk/search/inspect a suspect based only on an anonymous tip.

Front 32

MIranda vs. Arizona (1966)

Back 32

This case establishes the "Miranda rule or Miranda card"

Front 33

Gideon vs. Wainwright (1963)

Back 33

The right to counsel was "incorporated"in this case.

Front 34

McCleskey vs. Kemp (1987)

Back 34

"Despite statistical addities or (racial bias), we find no evidence of racial bias against this particular defendant."

Front 35

Virginia vs. Atkinds (2002)

Back 35

Supreme Court ruled that it is "Cruel and Unusual" to execute mentally retarded defendants. This is unconstitutional.

Front 36

Roper vs. Simmons (2005)

Back 36

Can Missouri execute a 17 year old murderer?
No, "This is cruel and unusual."

Front 37

Kennedy vs. Louisiana (2008)

Back 37

Can Louisiana execute a "child rapist"?
No, "this is cruel and unusual."

Front 38

Baze vs. Rees (2008)

Back 38

Supreme Court "upheld" Kentucky's lethal injection process.

Front 39

13th Amendment

Back 39

Prohibits Slavery

Front 40

14th Amendment

Back 40

"Due Process" Clause
This provision has been used by Supreme Court to "incorporate" most of the provisions in the Bill of Rights. The Amendment also grants former slaves citizenship overturning the Dred Scott decision.

Front 41

15th Amendment

Back 41

Granted Black males the right to vote.

Front 42

Civil RIghts Cases

Back 42

Supreme Court ruled that "private discrimination" is legal or constitutional.

Front 43

Plessy vs. Ferguson (1896)

Back 43

Court upholds the "separate but equal" doctrine on Louisiana railcars.

Front 44

Brown vs, Board of Education (1954)

Back 44

-17 states and the District of Columbia had legally segregated public schools.
-By a 9 to 0 margin, the Supreme Court overturns the "separate but equal" (Plessy) doctrine in public schools.
-Court rules that public schools must be desegregated "with all deliberate speed."

Front 45

Who was the President that executive order by 1948?

Back 45

-Harry Truman.
Harry Truman: Integration of the Military by executive order in 1948.

Front 46

Who was the woman who refused to give up her seat?

Back 46

Rosa Parks.

Front 47

Washington March for Jobs and Freedom (August 1965)

Back 47

Dr. King gives his most famous speech "I have a dream" speech.

Front 48

Heart of Atlanta vs. U.S. (1964) -not bolded

Back 48

Court ruled that because the motel accessible to interstate travelers and thus was engaging in interstate commerce, Congress could regulate it under the interstate commerce clause of Article I.

Front 49

Katzenbach vs. McClung (1964)

Back 49

Unanimous opinions of the Supreme Court overturned the Civil RIghts cases (1883) and upheld the Civil Rights Act of 1964.

Front 50

Voting Rights Act of 1965

Back 50

Black voter registration increased 900% from 1965-1970 in the state of Mississippi.

Front 51

U.C. Regent vs. Bakke (1978)

Back 51

Quotas are illegal, however, UC Davis can use race as a factor" in admissions in promoting a diverse student body.

Front 52

The Michigan Cases (2003)

Back 52

The University of Michigan upheld the Bakke precedent.

Front 53

Gratz vs, Bollinger -not bolded

Back 53

The University of Michigan admissions policy unconstitutional

Front 54

Grutter vs. Bollinger -not bolded

Back 54

Supreme Court upheld the Affirmative Action program at the University of Michigan Law School.

Front 55

Bradwell vs. Illinois (1873)

Back 55

Supreme Court upheld an Illinois law prohibiting women from being attorneys.

Front 56

Reed vs. Reed (1971)

Back 56

FIrst Supreme Court case where the court struct down a law discrimination against women.

Front 57

19th Amendment

Back 57

This amendment granted women the right to vote nationwide.

Front 58

Equal Pay Act of 1963

Back 58

"Pink vs. Blue" Collar Jobs
In 2012, women earn 75-77 cents per $1.00 earned by men.

Front 59

Significance of Title IX?

Back 59

This is the major federal law banning discrimination based on gender.
Ex: no more football at colleges

Front 60

Equal Rights Amendment (1972)
Why didn't the Equal Rights Amendment become law?

Back 60

The Amendment only got 35 of the 38 required states to pass it.

Front 61

What created the Supreme Court?

Back 61

Article III of the Constitution

Front 62

The Judiciary Act of 1789

Back 62

Congress created the federal court system

Front 63

Marbury vs. Madison (1803)

Back 63

-Marshal declares section 13 constitutional.
-Marshal rules that the Constitution is superior to ordinary acts of the Congress.
-Chief Justice John Marshal established the power of judicial review.
-This landmark case helped place it on an equal footing with other branches.

Front 64

Anita Hill vs. Clarence Thomas

Back 64

Anita Hill accused Thomas of sexually harassing her with inappropriate discussion of sexual acts and pornographic films.
-In the end, Senate voted 52-48 to confirm Clarence Thomas as one of the justices of the Supreme Court.

Front 65

4th Amendment

Back 65

Protection from "Unreasonable Searches and Seizures"

Front 66

5th Amendment

Back 66

Protection from Self-Incrimination

Front 67

6th Amendment

Back 67

Right to Counsel

Front 68

8th Amendment

Back 68

Protection from Cruel and Unusual Punishment

Front 69

Trial Court

Back 69

-Aka Petit Court
-Single judge, at times a jury
-decide both fact and law

Front 70

Appellate Court

Back 70

-Aka Review Court
-Multi Judge panel
-interest in law only

Front 71

Policy Preferences

Back 71

most important criteria for nomination of justices

Front 72

Judiciary Comittee

Back 72

-Holds hearings
-Does the background check
-Makes full recommendation to the senate

Front 73

Rule of Four

Back 73

At least four justices must vote to hear a case

Front 74

Amicus Curiae Briefs

Back 74

80% of cases "Amicus" briefs are filed by "interested parties." Usually these interest groups that are attempting to influence the outcome of the case.
-"A friend of the court."

Front 75

Concurring Opinion

Back 75

If a justice agrees with the majority decision of the Court but differs on the reasoning, a concurring opinion can be written

Front 76

Dissenting Opinion

Back 76

These are opinions of the losing side.

Front 77

Civil Liberties

Back 77

-individual freedoms and rights guaranteed to every citizen in the Bill of Rights and Due Process clause of the 14th Amendment, such as freedom of speech/religion.
-Negative Freedom; freedom from government interference.

Front 78

Civil Rights

Back 78

-Protection of citizens against discrimination because of gender, race, ethnicity, disability.
-Freedom to exercise certain rights guaranteed to all citizens under the Constitution; Positive Freedom.

Front 79

Bill of RIghts

Back 79

The first 10 Amendments
-Added to gain support for Constitution
-Originally, the bill of rights were intended to prevent abuses by the National Government only,

Front 80

Incorporation Doctrine

Back 80

Bill of Rights now also limit state and local government too.
The "You Too Clause"

Front 81

Seditious Speech

Back 81

Encourages rebellion against the government

Front 82

Public Restraint

Back 82

Censorship

Front 83

Negative Freedom

Back 83

Often called Civil Liberties
-Individual freedom from governmental interference/power or regulation.

Front 84

Positive Freedom

Back 84

Often called Civil Rights or freedom to exercise certain rights guaranteed to All citizens under the Constitution.
-Emphasis on group rights.

Front 85

Due Process

Back 85

When the government prosecutes an individual, it must give him/her a set of procedures (process) that is fair and civil (due)

Front 86

De Jure

Back 86

This is segregation that is required or mandated by law

Front 87

De Facto

Back 87

This is segregation that results from non-legal factors such as economic inequalities, attitudes, or the settlement patterns of people.