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Government > Chapters 4 and 5 > Flashcards

Chapters 4 and 5 Flashcards

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1
Q

Harriet Tubman

A

Born a slave in Maryland in the early 1820s, Tubman escaped to freedom and became a conductor on the Underground Railroad. She led more than seventy people to freedom in the North, served in the Union during the Civil War, and championed women’s suffrage.

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2
Q

Abolitionist

A

A supporter, especially in the early nineteenth century, of ending the institution of slavery.

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3
Q

Civil rights

A

The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.

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4
Q

Equal protection clause

A

Section of the Fourteenth Amendment that guarantees that all citizens receive “equal protection of the laws”.

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5
Q

Frederick Douglass

A

A former slave born in the early 1800s who became a leading abolitionist, writer, and suffragist.

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6
Q

Elizabeth Cady Stanton

A

Leading nineteenth-century feminist, suffragist, and abolitionist who, along with Lucretia Mott, organized the Seneca Falls Convention. Stanton later founded the National Woman Suffrage Association (NWSA) with Susan B. Anthony.

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7
Q

Lucretia Mott

A

Leading nineteenth-century feminist, suffragist, and abolitionist who, along with Elizabeth Cady Stanton, organized the Seneca Falls Convention.

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8
Q

Seneca Falls Convention

A

The first major feminist meeting, held in New York State in 1848, which produced the historic “Declaration of Sentiments” calling for equal rights for women.

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9
Q

Dred Scott v. Sandford (1857)

A

A Supreme Court decision that ruled the Missouri Compromise unconstitutional and denied citizenship rights to enslaved African Americans. Dred Scott heightened tensions between the proslavery South and the abolitionist North in the run up to the Civil War.

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10
Q

Emancipation Proclamation

A

President Abraham Lincoln issued this proclamation on January 1, 1863, in the third year of the Civil War. It freed all slaves in states that were in active rebellion against the United States.

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11
Q

Thirteenth Amendment

A

One of three major amendments ratified after the Civil War; specifically bans slavery in the United States.

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12
Q

Fourteenth Amendment

A

One of three major amendments ratified after the Civil War; guarantees equal protection and due process of the law to all U.S. citizens.

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13
Q

Fifteenth Amendment

A

One of three major amendments ratified after the Civil War; specifically enfranchised newly freed male slaves.

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14
Q

Susan B. Anthony

A

Nineteenth-century feminist, suffragist, and founder of the National Woman Suffrage Association with Elizabeth Cady Stanton. Anthony later formed the National American Woman Suffrage Association (NAWSA), which along with the National Woman’s Party (NWP) helped to ensure ratification of the Nineteenth Amendment.

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15
Q

Civil Rights Act of 1875

A

Passed by Congress to enforce the Fourteenth Amendment’s guarantees of equal protection to African Americans. Granted equal access to public accommodations among other provisions.

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16
Q

Jim Crow laws

A

Laws enacted by southern states that required segregation in public schools, theaters, hotels, and other public accommodations.

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17
Q

Poll taxes

A

Taxes levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot.

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18
Q

Grandfather clause

A

Voter qualification provision in many southern states that allowed only those citizens whose grandfathers had voted before Reconstruction to vote unless they passed a wealth or literacy test.

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19
Q

Progressive Era (1890–1920)

A

A period of widespread activism to reform political, economic, and social ills in the United States.

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20
Q

Plessy v. Ferguson (1896)

A

Supreme Court case that challenged a Louisiana statute requiring that railroads provide separate accommodations for blacks and whites; the Court found that separate-but-equal accommodations did not violate the equal protection clause of the Fourteenth Amendment.

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21
Q

Separate-but-equal doctrine

A

The central tenet of the Plessy v. Ferguson decision that claimed that separate accommodations for blacks and whites did not violate the Constitution. This doctrine was used by southern states to pass widespread discriminatory legislation at the end of the nineteenth century.

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22
Q

National Association for the Advancement of Colored People (NAACP)

A

An important rights organization founded in 1909 to oppose segregation, racism, and voting rights violations targeted against African Americans.

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23
Q

National American Woman Suffrage Association (NAWSA)

A

Organization created by joining the National and American Woman Suffrage Associations.

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24
Q

Suffrage movement

A

The drive for voting rights for women that took place in the United States in the nineteenth and early twentieth centuries until ratification of the Nineteenth Amendment in 1920.

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25
National Woman’s Party (NWP)
A militant suffrage organization founded in the early twentieth century. Members of the NWP were arrested, jailed, and even force-fed by authorities when they went on hunger strikes to secure voting rights for women.
26
Nineteenth Amendment
Amendment to the Constitution passed in 1920 that guaranteed women the right to vote.
27
NAACP Legal Defense and Educational Fund (LDF)
The legal arm of the NAACP that successfully litigated the landmark case of Brown v. Board of Education and a host of other key civil rights cases.
28
Thurgood Marshall
A leading civil rights lawyer and the first head of the NAACP’s Legal Defense and Educational Fund. Marshall was the first African American appointed to the Supreme Court and served on the Court from 1967 until 1991.
29
Harry S Truman
The thirty-third president, a Democrat, who served from 1945 until 1953. Truman became president when Franklin D. Roosevelt died in office; he led the United States through the end of World War II and the start of the Cold War.
30
Brown v. Board of Education (1954)
U.S. Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the Fourteenth Amendment’s guarantee of equal protection of the law.
31
Dwight D. Eisenhower
The thirty-fourth president, a Republican, who served from 1953 to 1961. Eisenhower commanded Allied Forces during World War II.
32
Rosa Parks
A leading civil rights activist of the twentieth century. Parks was most notably involved with the Montgomery Bus Boycott.
33
Martin Luther King Jr
A Baptist minister, proponent of nonviolence, and the most prominent leader of the civil rights movement of the 1950s and 1960s. He was assassinated on April 4, 1968.
34
John F. Kennedy
The thirty-fifth president, a Democrat, who served from 1961 to 1963 and marked a generational shift in U.S. politics at the height of the Cold War. He was assassinated November 22, 1963.
35
Civil Rights Act of 1964
Wide-ranging legislation passed by Congress to outlaw segregation in public facilities and discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission.
36
National Organization for Women (NOW)
The leading activist group of the women’s rights movement, especially in the 1960s and 1970s.
37
Eleanor Roosevelt
First Lady of the United States from 1933 to 1945. Roosevelt championed human rights throughout her life and served as the U.S.’s first delegate to the United Nations General Assembly and later chaired the UN’s Commission on Human Rights.
38
Equal Pay Act of 1963
Legislation that requires employers to pay men and women equal pay for equal work.
39
Title IX
Provision of the Education Amendments of 1972 that bars educational institutions that receive federal funds from discriminating against female students.
40
Equal Rights Amendment (ERA)
Proposed amendment to the Constitution that states “Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex.”
41
League of United Latin American Citizens (LULAC)
An activist group founded in 1929 to combat discrimination against, and promote assimilation among, Americans of Hispanic origin.
42
Cesar Chavez
Labor organizer who, with Dolores Huerta, founded the United Farm Workers Union (UFW) in the 1960s.
43
Dolores Huerta
Labor organizer who, with Cesar Chavez, founded the United Farm Workers Union (UFW) in the 1960s.
44
Mexican American Legal Defense and Educational Fund (MALDEF)
An organization modeled on the NAACP Legal Defense and Educational Fund that works to protect the civil rights of Americans of Mexican and other Hispanic heritage.
45
Chinese Exclusion Act
A law passed by Congress in 1882 that prohibited all new immigration into the U.S. from China.
46
Korematsu v. U.S. (1944)
A Supreme Court ruling that upheld the authority of the U.S. government to require mass interment of people of Japanese ancestry in the United States during World War II.
47
LGBT community
A minority group based on sexual orientation and gender identity that includes lesbian, gay, bisexual, and transgender (LGBT) people.
48
Lawrence v. texas (2003)
A 2003 Supreme Court ruling that antisodomy laws violated the constitutional right to privacy.
49
United States v. windsor (2013)
A Supreme Court ruling striking down the 1996 Defense of Marriage Act (DOMA), which prohibited federal recognition of same-sex marriages.
50
Obergefell v. Hodges (2015)
Supreme Court ruling that held that same-sex couples have a fundamental right to marry under the Constitution.
51
Americans with Disabilities Act (ADA)
A law enacted by Congress in 1990 designed to guarantee accommodation and access for people with a wide range of disabilities.
52
Standards of review
The levels of deference the Court gives governments to craft policies that make distinctions on the basis of personal characteristics. These standards stem from the Court’s need to ensure that laws do not undermine the Fourteenth Amendment’s equal protection clause.
53
Suspect classifications
Category or class, such as race or a fundamental freedom, that triggers the highest standard of scrutiny from the Supreme Court.
54
Strict scrutiny
A heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice. Legislation affecting the fundamental freedoms of speech, assembly, religion, and the press as well as suspect classifications are automatically accorded this level of review.
55
Affirmative action
Policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group.
56
Intermediate standard of review
A standard of review in which the Court determines whether classifications serve an important governmental objective and are substantially related to serving that objective. Gender-related legislation automatically accorded this level of review.
57
Rational basis standard of review
A standard of review in which the Court determines whether any rational foundation for the discrimination exists. Legislation affecting individuals based on age, wealth, mental capacity are generally given this level of review.
58
The Crown v. Zenger (1735)
Legal case in the colony of New York that is considered a precursor to free press provisions in the Constitution. The case did not set legal precedent, but did reflect a difference between British authorities and colonists with regard to press freedoms.
59
Civil liberties
The personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.
60
Civil rights
The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.
61
Bill of Rights
The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties.
62
Ninth Amendment
Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist.
63
Tenth Amendment
The final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people.
64
Fourteenth Amendment
One of three major amendments enacted after the Civil War, extending “equal protection of the law” to all citizens.
65
Due process clause
Clause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee a variety of rights to individuals.
66
Substantive due process
Judicial interpretation of the Fifth and Fourteenth Amendments’ due process clauses. Protects citizens from arbitrary or unjust state or federal laws.
67
Sedition laws
Laws that make it illegal to speak or write any political criticism that threaten to diminish respect for the government, its laws, or public officials. State sedition laws were overturned as a result of the 1925 Gitlow Supreme Court decision.
68
Gitlow v. New York (1925)
A Supreme Court case that extended the First Amendment’s protections of freedom of speech and of the press to the state governments.
69
Incorporation doctrine
An interpretation of the Constitution holding that the due process clause of the Fourteenth Amendment requires state and local governments to guarantee the rights stated in the Bill of Rights.
70
Selective incorporation
A judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.
71
Fundamental freedoms
Those rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review
72
Warren Court
The period in Supreme Court history during which Earl Warren served as Chief Justice (1953-1969), noted for its many rulings expanding civil liberties and civil rights.
73
Earl Warren
The fourteenth Chief Justice of the United States who served from 1953 to 1969 and led the Court through an important liberal phase; previously a Republican governor and vice presidential nominee.
74
First Amendment
Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition.
75
Establishment clause
The first clause of the First Amendment; it directs the national government not to sanction an official religion.
76
Free exercise clause
The second clause of the First Amendment; it prohibits the U.S. government from interfering with a citizen’s right to practice his or her religion.
77
Lemon test
Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues.
78
Prior restraint
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment.
79
Alien and Sedition Acts
Laws passed in 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government.
80
Abolitionist
A supporter, especially in the early nineteenth century, of an end to the institution of slavery.
81
Abraham lincoln
Sixteenth president of the United States, the first elected Republican president, who served from 1861- 1865. Lincoln, who led the Union during the Civil War, was assassinated in 1865 by a Confederate sympathizer, John Wilkes Booth
82
Espionage Act
A 1917 law that prohibited urging resistance to the draft or distributing anti-war leaflets; by the Supreme Court in Schenck v. U.S.
83
Clear and present danger test
Test articulated by the Supreme Court in Schenck v. U.S. (1919) to draw the line between protected and unprotected speech; the Court looks to see “whether the words used” could “create a clear and present danger that they will bring about substantive evils” that Congress seeks “to prevent.”
84
Direct incitement test
Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) holding that the First Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur.
85
New York Times Co. v. U.S. (1971)
The case in which the Supreme Court ruled that the U.S. government could not block the publication of secret Department of Defense documents illegally furnished to the Times by antiwar activists. Also called the Pentagon Papers case.
86
Symbolic speech
Symbols, signs, and other methods of expression generally considered to be protected by the First Amendment.
87
Hate speech
Communication that belittles a person or group on the basis of race, gender, ethnicity, or other characteristics.
88
Occupy Wall Street
A recent social movement that promotes protests and political activism against income inequality and corporate greed.
89
Black lives matter (Blm)
A recent social movement focused on direct protest and political activism against police brutality, mass incarceration, and related offenses against African Americans.
90
Libel
False written statement that defames a person’s character.
91
Slander
Untrue spoken statements that defame the character of a person.
92
New York Times Co. v. Sullivan (1964)
Case in which the Supreme Court concluded that “actual malice” must be proven to support a finding of libel against a public figure.
93
Fighting words
Words that “by their very utterance inflict injury or tend to incite an immediate breach of peace.” Fighting words are not subject to the protections of the First Amendment.
94
Miller v. California (1973)
Supreme Court case that created the “Miller test” to determine when sexually explicit expression was obscene and therefore beyond the protection of the First Amendment.
95
DeJonge v. Oregon (1937)
Supreme Course case that applied the First Amendment’s protections of freedom of assembly to the states.
96
Eighteenth Amendment
A 1913 amendment that created the nationwide prohibition on alcoholic beverages; it was repealed in 1933.
97
Writs of habeas corpus
Petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government’s case does not persuade the judge. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them.
98
Ex post facto law
Law that makes an act punishable as a crime even if the action was legal at the time it was committed.
99
Bill of attainder
A law declaring an act illegal without a judicial trial.
100
Due process rights
Protections drawn from the Fourth Amendment and the Bill of Rights. Due process may be procedural, ensuring fair treatment, or substantive, protecting fundamental rights.
101
Fourth Amendment
Part of the Bill of Rights that protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant from a judge among other guarantees.
102
Fifth Amendment
Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. It provides for indictment by a grand jury and protection against self incrimination, and prevents the national government from denying a person life, liberty, or property without the due process of law. It also prevents the national government from taking property without just compensation.
103
Grand jury
A group of citizens charged with determining whether enough evidence exists for a case to go to trial. Guaranteed by the Fifth Amendment.
104
Miranda v. Arizona (1966)
A landmark Supreme Court ruling holding that the Fifth Amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have counsel present.
105
Miranda rights
Statements required of police that inform a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by a court if the suspect cannot afford one.
106
Burger Court
The period in Supreme Court history during which Warren Burger served as Chief Justice (1969–1986).
107
Warren E. Burger
The fifteenth Chief Justice of the United States who served from 1969 to 1986 and who led the Court in an increasingly conservative direction.
108
Double jeopardy clause
Part of the Fifth Amendment that protects individuals from being tried twice for the same offense in the same jurisdiction.
109
Sixth Amendment
Part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel.
110
Capital cases
Court cases in which a conviction may result in the application of the death penalty
111
Eighth Amendment
Part of the Bill of Rights that states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
112
Right to privacy
The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the First, Third, Fourth, Ninth, and Fourteenth Amendments.
113
Roe v. Wade (1973)
The Supreme Court found that a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment.
114
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
The Supreme Court’s decision in this abortion case replaced the strict scrutiny standard of Roe with the less stringent undue burden standard.
115
Undue burden test
A standard set by the Supreme Court in the Casey case in 1992 that narrowed Roe v. Wade and allowed for greater regulation of abortion by the states.
116
Whole Woman’s Health v. Hellerstedt (2016)
Supreme Court abortion ruling that struck down state law provisions in Texas as presenting an undue burden on women seeking abortions. This decision invalidated numerous state and local laws that imposed similar limitations on clinics.
117
September 11th
A terrorist plot carried out on September 11, 2001 that used hijacked civilian aircraft to attack the World Trade Center in New York and the Pentagon near Washington, D.C.
118
Black Codes
Southern states passed laws (Black Codes) that prohibited Black Americans from –Voting –Sitting on juries –Or even appearing in public places

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