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Ap government > Frq Ch 4-5 > Flashcards

Frq Ch 4-5 Flashcards

0
Q

Rights of criminal defendants incorporation to states

A

Mapp v Ohio (incorporated exclusionary rule) Miranda v Arizona ( right not to self incriminate)

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1
Q

Define selective incorporation

A

The Supreme Court or the United States gradually applying some of the freedoms protected by the bill of rights against the state governments by the 14th amendments due process clause

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2
Q

First amendment incorporation to states

A

Gitlow vs Newyork (freedom of speech)

Engle v vitale (incorporated establishment clause)

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3
Q

Incorporated privacy rights

A

Griswald vs Connecticut (birth control)

Roe v wade (delt with abortion)

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4
Q

Engel v Vitale (school prayer)

What 1st amendment clause SCOTUS used to base decision

A

Establishment clause and state mandatory prayer is unconstitutional in school

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5
Q

Lemon vs kurtzman ( state funding for religious schools

1st amendment clause that SCOTUS used to base decision

A

Establishment clause and established the lemon test to see if state aid to religious schools violated establishment clause
Secular, not advance or advance religion, not intangible ment

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6
Q

Reynolds v United States (polygamy)

A

Free exercise clause

Not unconstitutional to make laws against polygamy

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7
Q

Oregon v smith (drug use in religious ceremonies)

A

Free excessive clause

Upheld the law to make. The use of drugs in religious services illegal

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8
Q

How might congress limit impact of Supreme Court

A

Expand number of justices on court to effect ideological balance of court
Amendment to constitution

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9
Q

How might executive impact SCOTUS decisions

A

President can us the power of appointment to change balance in court
Not in force the SCOTUS decisions

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10
Q

How does state limit impact of SCOTUS decisions

A

Governors of state could refuse to enforce court decisions

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11
Q

Brown vs board

A

Due process clause
Equal protection overturned the separate but equal doctorine of plessy v fugerson. 1st major victory for civil right activist, gives them more anthusium to accomplish more

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12
Q

Baker v carr

A

Districts must be equal for voting equal representation

Open up the path for court striking down on racial Gerryamadering

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13
Q

Regard of the university of California v bakke

A

Outlaw quotas in affirmative action programs

Gives incoragment to opponents of affirmative action

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14
Q

Mapp v Ohio

A

Exclusionary rule in state cases

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15
Q

Gideon v wainwright

A

Right to counsel in state cases

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16
Q

Miranda v Arizona

A

Right to not selficriminate yourself in state cases

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17
Q

Explain significance of these cases

A

Mapp Ohio
Gideon v wainwright
Miranda v Arizona

Started concervative movement

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18
Q

Literary test in prevent of voting

A

Most African Americans were not educated and not able to read so they can’t pass the test
And questions are impossible

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19
Q

Pole tax

A

People had to pay money to vote and since minority’s have less money they can’t vote

20
Q

Two alternative forms of political participation

A

Protesting civil disobedience

Organization of ncaap, took things to court

21
Q

Forms of how minority’s participate in atl forms of political movement

A

Litigation and protesting

22
Q

How does federalism limit powers of national government executive

A

State and local level govt get to make decision like the president, takes power from president

23
Q

Checks and balances limit power of national govt executive

A

Congress and court checks what the president do

24
Q

How establishment clause limit the power of national govt

A

They cannot advance.a religion

25
Q

Guarantee of public trial limit power on national govt

A

Fair hearing wear you can defend yourself and must be public
Limits violation against citizen

26
Q

How limits the power of state government citizenship clause of 14th amendment

A

Law of the soil ( born on american soil)
Law of blood (parent was citizen you are citizen)
Naturalization: cannot deny your rights as a citizen in that state whether they like you or not

27
Q

Selective incorporation limits power of state governments

A

Requires the state to incorporate the bill of rights into their government
Can no longer deny them

28
Q

Identify the part of national government that was originally most closely tied to citizen and explains how it was tied to citizens

A

Congress (House of representatives) elected by the people directly by the people

29
Q

Explain two ways the United States constitution limited majority rule

A

Majority does not elect president electoral collage does, president

appoints judge and they serve for life

30
Q

Primary elections development

Before and after

A

Party elders picked candidate now people are more involved because of primary elections

31
Q

Seventh amendment development

Before and after

A

State legislator get to be voted on by the people

32
Q

Expansion of suffrage befor and after

A

It increased the number of people to be allowed to vote

33
Q

How does federalism an obstacle

A

Allowed states an local governments to discriminate against people

34
Q

United States political system obstacle for minority’s

A

White primary of the Democratic Party

35
Q

United States electoral system present obstacles to minority

A

Racial Gerry meandering

36
Q

Federalism giving opportunity to minority

A

No satisfaction in one level of government you could appeal to a higher or different level of govt

37
Q

United States political party systems presenting opertunity to minority’s

A

Join a party that appeals to them

38
Q

United States electoral system present opertunity to minority’s

A

If they know the margin of either winning or loosing for a candidate’s campaign that could give them more opertunity in that the candidate would try to win them over

39
Q

What did the voting rights of 1965 do

A

Eliminated literacy test and residency requirements to increase access to minority voting

40
Q

What did 24th amendment do

A

Eliminate poll tax that didn’t allow people to vote hence increasing access for minority voting

41
Q

Barrier that currently impeades minority representation in congress

A

There is still prejudice within people which inhibits minority representation in congress
Incumbent advantage

42
Q

Compare position of federalist and anti federalist

A

Feds- division of power ( more centrilized government)

Anti Feds- feared strong government, wanted power individual in states

43
Q

Two features of original constitution have led growth to national powers

A 
Supremacy clause ( federal law proceeds all)
Regulate interstate commerce ( commerce clause)
Elastic clause (allows government to legislate beyond it enumerated powers
44
Q

First amendment address anti federalist concerns

A

Protects those liberties from all. Government intrusion.

Protects freedoms of religion, speech, assembly etc

45
Q

10th amendment address anti federalist concerns

A

Reserved power of the states

All powers not given to the federal govt is given to the states

46
Q

How 14 amendment altered balance of power btw state and national govt
Due process

A

Selective incorporation prohibits the states from taking away your freedoms without due process
States compelled to follow national standards

47
Q

How 14 amendment altered balance of power btw state and national govt
Equal protection clause

A

Forbade states from discriminating racial minorities

Ap government (10 decks)

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