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36 Cards in this Set

  • Front
  • Back
What were the consequences of Heart of Atlanta Motel v. United States?
affirmation of the power of Congress
What were the consequences of Barron v. Baltimore?
Determined that the Bill of rights restricted the national government but not the state governments
Which rights that are amendments can be restricted by states?
2, 3, 5, 7, 8
What is the most famous limit on free speech?
clear and present danger test
How does the Court determine the limits of free speech today?
Preferred position doctrine
reflects the Court's belief that freedom of speech is fundamental to liberty. therefore, any limits must be on REALLY severe threats
Preferred position doctrine
What case established the three-part obscenity test?
Miller v. California
What is the three-part obscenity test?
-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?
What is the rule for freedom of assembly and association?
Can't disrupt day-to-day life
Is freedom to exercise religion absolute?
No. There are some exceptions
What is the Lemon test and what is it named for?
The three-part test to see if government can intervene in something religious
Named after Lemon v. Kurtzman
Which amendments led to the implied right of privacy?
1, 3, 4, 5, 9, 14
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?
The states not the federal government
How long did the time period of Reconstruction last?
1865 to 1877
What was Lincoln's intention with the South after the Civil War?
Didn't want to punish them, wanted a quick and painless reunion
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
Ten-Percent Plan
How did Congress view the South after the war?
"conquered territory"
provided that former Confederate states be ruled by a military governor and required 50 percent of electorate to swear an oath of allegiance
Wade-Davis Bill
How did Lincoln handle the Wade-Davis bill?
Pocket-vetoed it
What happened when Johnson took the presidency?
Congress was out of session so he could do whatever he wanted for Reconstruction
What were the provisions of Johnson's Reconstruction Plan?
-provisional military governments until readmitted to the Union
-all Southern citizens to swear a loyalty oath
-prohibit southern elite from participation in new government
Did Johnson's plan work? Why?
No. Most men were pardoned and they just changed slave codes to freedmen codes
How was Congress divided under Johnson?
Conservative Republicans, moderates, and Radical Republicans
What were the provisions of the 14th Amendment?
-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
Southerners who cooperated with Reconstruction
scalawag
Northerners who ran for Reconstruction programs
carpetbaggers
The period after the Civil War is known as
"The Gilded Age"
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)
Credit Mobilier
was a group of distillers who bribed federal officials and tax collectors to avoid paying millions of dollars in taxes on their product
Whiskey Ring
What was the ruling of the Slaughter-house cases?
14th amendment only applied to federal government
What was the ruling of US v. Reed?
grandfather clauses are okay
Republicans that abandoned the coalition that supported Reconstruction
Horace Greeley
pardoned many of the rebels, thus allowing them to reenter public life
Amnesty Act of 1872
Name the Southern Democrats called themselves
Redeemers
Provisions of the Compromise of 1877
-Rutherford B. Hayes would become president
-Democrats could take back control of states
Africans traded a portion of their crop in return for the right to work someone else's land
sharecropping