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Civil and everything else Flashcards

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1
Q

difference between civil liberties and rights

A

Liberties: protection from government tyranny; rights: protections because of government help

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2
Q

example of civil liberties

A

bill of rights and constitution body, due proccess 14th amendment

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3
Q

example of civil rights

A

14th amend equal protection

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4
Q

what is selective incorp

A

14th amendment made the const. applicable to states, law suits have to be filed in order to incorporate the parts of the const. into the law of the land over all states

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5
Q

First ever selective incorp. case

A

Gitlow vs New york

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6
Q

Gitlow v New York rundown

A

Criminal anarchy act was violated and uses 14th amendment to prove that the act was unconstitutional and states cannot take away the rights of const. Meant that everything needed to be indivudially pushed through SC

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7
Q

2 parts of religon for 1st amendment

A

establishment and free exercise

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8
Q

difference between establishment and free exercise

A

est: gov cannot encourage a religion. Exercise: rights of someone to express reglious belief is expressed

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9
Q

Wisconsin v Yoder rundown

A

Free exercise. Yoder Amish wanted to not go to school in order to exercise religion, the courts established that the religion was accepted enough to violate the rule.

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10
Q

How does the SC rule on cases of exercise of religion

A

mostly all over the case, the state has to have a valid compelling interest in order to convict past this law

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11
Q

Board of education vs allen overview

A

Establishment: Board of education sues allen for giving books to private schools, loses because textbooks were given to religious schools directly to students not to schools.

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12
Q

Eversone vs BOE

A

Incorporation case for establishment: Eversone was able to reimburse parents for cost to get to school because it was not directed at any religion

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13
Q

Engel v. Vitale (1962) Req case

A

Public new york school sponors a prayer and Engel (jew) sues them and the SC rules for engel due to establishment clause

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14
Q

Abington vs Shempt

A

reciding the lords prayer violates establishment clause

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15
Q

Lemon vs Kurtsman importance

A

gets the lemon test, states cannot pay for teachers in private schools that teach secular subjects

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16
Q

Lemon test

A

must have secular, legistlative purpose; must be one that neither supresses nor advances religon; must not foster escessie gov entanglemenent.

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17
Q

Shink vs US

A

Shink violated esbionage act and the SC said it was clear and present danger enough to retract freedom of speech

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18
Q

Brandenburg vs Ohio

A

KKK leader said “might have to take vengeance” and was convicted but SC gave a prequrium opinion to overturn it

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19
Q

New York times vs US req case

A

NYT gets access to classified papers and is going to print but US sues, SC rules that since it has yet to be printed that nothing has been done wrong and they can print, no prior restraint

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20
Q

Tinker vs Demoine req case

A

Tinker wore black arm band to protest vietnam and was suspended; SC says they do not lose speech rights on property and because it did not distract

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21
Q

Morse vs Fredrick

A

bong hits for jesus, morse wins

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22
Q

4 restrctions on freedom of speech

A

cannot liable(write an untruth), cannot slander (spoken untruth), hate speech and obscenity

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23
Q

NYT vs Sulivan

A

Sulivan sues with alabama liable law and SC says that it has to be known that it is untrue when liable against a known figure

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24
Q

what comes out of Miller test

A

Patently offensive; without redeeming social value; contemporary community slander

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25
How does the SC deal with regulating the internet
struck down communication decency act because it kept legal adults from doing what they want
26
Regulations of time place and manner
the government has very specific regulations for time place manner only for government interest
27
Freedom of assembly case
Djon vs Orgeon; SC overturns criminal civialism law because it convicted and sentenced people just for holding public meetings
28
DC vs Heller
2nd amendment; Law in DC banned guns for self defense, SC says its is unlawful
29
Mcdonald v Chicago req case
Chi bans hand guns. SC takes the 2nd amendment through 14th amedments and holds 2nd amendment, incorporation of 2nd amendment.
30
rights of the defendant
no expo-facto laws, no bills of attanuer, cannot suspend habeis corpus, procedural due process, standard fairness of eqality to people
31
4th amendment
search seziure, propable cause for warrent, right of privacy
32
Dowery mapp vs ohio
unlawful search and seziure ends upp in illegally obtaineed evidence, SC says it cannot be used, in her favor
33
5th amendment
Grand jury, Double jeopardy, self incorporation, imminent domain, due proccess of 5th
34
Miranda vs Arizona
Mirandia rights case, did not know he did not have to self incriminate
35
6th amendment
rights of accused criminal; speedy, attorney, jury, trial
36
8th amendment
cruel and unusual
37
jim crow laws
13th(free) 14th(citizen) 15th(vote)
38
plessy v furgenson
1/8th black refused to get up and sues louisianna law, SC upholds separate but equal
39
Brown vs board of education
Marshal argues for brown with funding of NAACP, wants to overturn separate but equal, it was an unanimous vote for brown using 14th amendment.
40
2 types of segregation
dejore: written in law Defacto: private choice
41
swan vs Sharrlett mclenburg
busing for desegregation was allowed
42
Definition of affirmative action
paying for past discrimination
43
University of cali vs Bakke
denied omission, better than others, argued 14th amendemnt and won but did not strike down AA
44
Gratz vs Bolinger; Grutler case; fisher ut
struck down point system for admission with race; could use race if compelling government interest to do so; upheld race; ALL OVER THE MAP FOR RACE
45
Lyndon Johnson support for civil rights
supported lawsuits that denied rights to vote
46
Civil rights act of 1964
outlawed emloyment discrimination; withheld funds to places that did not desegregate.
47
Voting rights act of 1965
outlawed literacy test, sent agents to register voters
48
19th amendment
right to vote for women
49
title 9 act
cannot discriminate women in higher education
50
Civil rights act of 1957
Lyndon b Johnson encouraging lawsuits to overturn civil rights cases
51
political culture
things we all share such as love for democracy
52
political ideology
differences in how policys should enact poltical culture
53
scientific poles of the country number
1500
54
Keynesianism vs supply side economics
Consumer demand vs producers
55
How is GDP indicated
consumer spending+Investment spending+Governemnt spending+Exports-Inports
56
FECA
did away with all other money election laws and put into place that you can only give a little to your own campaign, no enforcement
57
FECA reformed
created FEC, indiv could give up to 1k to one canidate and PACS 5k, Parties 5k and Unions/corporations could not get any
58
BCRA
aka Mccain findgold. prohibits direct ads to people by corporations within 60 of a election and 30 of primary.
59
how did people get around FECA
they made ads about issues that dont make refrences to peoples name
60
Citizen vs FEC
Cit made a hilliary movie and was struck down by FEC and they sued and SC declares entire BCRA law unconsitutional, Super Pacs are now constiutional.
61
7th amendment
protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value.
62
9th amendment
If there is a right not listed, does not mean you dont have it
63
10th amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
64
Exclusionary rule
You cannot use illegally obtained evidence in a crime trial
65
24th amendment
prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax.
66
Procedural due process
requires government officials to follow fair procedures before depriving a person of life, liberty, or property.
67
Substantive due process
allows courts to establish and protect certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
68
“Prior restraint”
The courts have to be very convinced there is clear and present danger in order to take away ones freedom of speech
69
what are linkage institutions
examples such as media elections and parties. structure within a society that connects the people to the government
70
president election proccess
States hold the primaries and then parties hold nomination convention to select candidate for each party, General election for delegates and then electoral college.
71
Congress election cycle
only a primary
72
3 areas of political parties
orginzation, party in governemnt, party in electric
73
party coalition
when people switch sides of parties
74
main kind of interest group
economic
75
different types of interest groups
economic, public interest, single issue, government
76
electioneering
using money to influence elections
77
media in elections
they act as a horse race and gate keep stories

government (5 decks)

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