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36 Cards in this Set
- Front
- Back
What were the consequences of Heart of Atlanta Motel v. United States?
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affirmation of the power of Congress
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What were the consequences of Barron v. Baltimore?
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Determined that the Bill of rights restricted the national government but not the state governments
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Which rights that are amendments can be restricted by states?
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2, 3, 5, 7, 8
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What is the most famous limit on free speech?
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clear and present danger test
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How does the Court determine the limits of free speech today?
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Preferred position doctrine
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reflects the Court's belief that freedom of speech is fundamental to liberty. therefore, any limits must be on REALLY severe threats
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Preferred position doctrine
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What case established the three-part obscenity test?
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Miller v. California
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What is the three-part obscenity test?
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-Would the average person, applying community standards, judge the work as appealing primarily to people's baser sexual instincts?
-Does the work lack other value, or is also of literary, artistic, political, or scientific interest? -Does the work depict sexual behavior in an offensive manner? |
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What is the rule for freedom of assembly and association?
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Can't disrupt day-to-day life
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Is freedom to exercise religion absolute?
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No. There are some exceptions
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What is the Lemon test and what is it named for?
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The three-part test to see if government can intervene in something religious
Named after Lemon v. Kurtzman |
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Which amendments led to the implied right of privacy?
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1, 3, 4, 5, 9, 14
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Shortly after the civil war and the civil war amendments, what did the Supreme Court rule as the place where former slaves should find discrimination protection?
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The states not the federal government
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How long did the time period of Reconstruction last?
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1865 to 1877
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What was Lincoln's intention with the South after the Civil War?
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Didn't want to punish them, wanted a quick and painless reunion
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required that 10 percent of those voters who had voted in the 1860 election sweat an oath of allegience to the Union and accept the 13th amendment
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Ten-Percent Plan
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How did Congress view the South after the war?
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"conquered territory"
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provided that former Confederate states be ruled by a military governor and required 50 percent of electorate to swear an oath of allegiance
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Wade-Davis Bill
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How did Lincoln handle the Wade-Davis bill?
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Pocket-vetoed it
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What happened when Johnson took the presidency?
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Congress was out of session so he could do whatever he wanted for Reconstruction
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What were the provisions of Johnson's Reconstruction Plan?
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-provisional military governments until readmitted to the Union
-all Southern citizens to swear a loyalty oath -prohibit southern elite from participation in new government |
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Did Johnson's plan work? Why?
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No. Most men were pardoned and they just changed slave codes to freedmen codes
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How was Congress divided under Johnson?
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Conservative Republicans, moderates, and Radical Republicans
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What were the provisions of the 14th Amendment?
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-born in US, you are a citizen
-prohibited depriving rights without due process -said states couldn't take away protection -either give freedmen vote or stop counting them in congressional population -barred big politicians from office -excused Confederacy's war debt |
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Southerners who cooperated with Reconstruction
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scalawag
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Northerners who ran for Reconstruction programs
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carpetbaggers
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The period after the Civil War is known as
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"The Gilded Age"
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was a fraudulent, private construction company that fleexd the US government by padding federal contracts and skimming off profits of the Union Pacific Railroad (involved Grant's vice prez)
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Credit Mobilier
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was a group of distillers who bribed federal officials and tax collectors to avoid paying millions of dollars in taxes on their product
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Whiskey Ring
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What was the ruling of the Slaughter-house cases?
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14th amendment only applied to federal government
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What was the ruling of US v. Reed?
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grandfather clauses are okay
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Republicans that abandoned the coalition that supported Reconstruction
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Horace Greeley
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pardoned many of the rebels, thus allowing them to reenter public life
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Amnesty Act of 1872
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Name the Southern Democrats called themselves
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Redeemers
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Provisions of the Compromise of 1877
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-Rutherford B. Hayes would become president
-Democrats could take back control of states |
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Africans traded a portion of their crop in return for the right to work someone else's land
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sharecropping
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