Poli Sci exam #2 Flashcards
(51 cards)
What is the difference between civil rights and civil liberties?
Civil Liberties: personal freedoms protected against the govt.
Civil Rights: Rights that protect individuals from discrimination
what is the process of selective incorporation (incorporation doctrine)
applying bill of rights protections to the states, case by case
how does the establishment clause protect from freedom of religion?
the govt cant establish an official religion. protected under the free exercise clause
what is the basic test employed by the court to evaluate the constitutionality of religious displays on govt. property?
historical context and tradition. what is the purpose secular or religious?
how does the Free Exercise Clause protect freedom of religion?
1st amendment. protected from govt interference in religious practices
In resolving (FEC) Free Exercise Conflicts, how has the court used the “generally applicable” test?
govt enforce neutral, broad laws, even if they incidentally burden religion
Employment Division v. Smith (1990) - religion & drugs
In the 303 Creative case, how did the business owner succeed in making a “compelled speech” argument before the court?
court ruled that the state cannot compel speech with which one disagrees.
What is the test established by the court in the 1969 Brandenburg v Ohio decision to determine when political speech is not protected?
immediate and imminent threat of lawless action test.
What was the basic legal reasoning of the court in siding with the school in the 2007 Morse v Fredrick decision?
schools have the authority to limit student speech that undermines their educational mission
When evaluating claims of libel or slander, why does defamatory speech directed at public figures receive greater protection than speech directed at private figures?
public figures are involved in public life, therefore relinquishing privacy rights.
how does the court determine “obscenity” under the First amendment?
1.Prurient Interest - sexual interst
2. Patently Offensive - sexual content in an offensive way
3. Lacks Serious Value -literacy, political, artistic value
How did we see a dramatic shift in the courts interpretation of the second amendment in 2008?
2nd amendment- right to bear arms.
right to posses guns at home for self-defense, independent of service in state militia
what is procedural due process?
Govt must follow fair and proper procedures
In the DNA “cheek-swab” case concerning an alleged Fourth Amendment violation, how did the court determine the “reasonableness” of the search”
Govt. interest in solving crimes outweighed the limited intrusion on individual privacy.
what is substantive due process?
the govt must not deprive you of fundamental rights
How did the Dobbs decision of 2022 fundamentally transform the status of abortion rights in America, first protected in the Roe v Wade decision of 1973?
Abortion is no longer federally protected.
Returned power to the states
When determining which “unenumerated” right the people enjoy, what are the two basic approaches or “camps” outlined in the Yoshino article?
forward-thinking - future, new rights
backward-thinking - past rights, no change
Broadly, how can the struggle for racial equality over the course of the 19th and 20th centuries be understood as a function of actions of the supreme courts and congress? what is one example?
- push & pull between progress & resistance
- Brown v Board of Education
what are two examples of tactics employed in the southern states to disenfranchise blacks during the Jim Crow era?
poll taxes
literacy tests
what were two key elements of the NAACP’s legal strategy to overturn Plessy and ultimately end segregation in all public schools?
Challenging “separate but equal” doctrine
psychological & social science evidence
what are the two key elements of the test used to evaluate racial classifications?
is it necessary
compelling
In the 2015 Obergefell v Hodges decision, how did the majority conclude that same-sex marriage rights are protected under both the PDC and EPC?
DPC - privacy rights - marriage is a private decision
EPC - civil rights - membership of a group - LGBTQ
What was the essence of Justice Gorsuch’s reasoning in extending Title VII of the Civil Rights Act to include the protection against discrimination on the basis of sexual orientation or gender identity?
if an employer fires someone for being gay or transgender, they are inherently considering that person’s sex in their decision.
Title 7 prohibits discrimination “because of… sex.”
how had universities managed to successfully pass the Court’s two-part test in defending the use of Affirmative action in admissions?
Its beneficial to students because it adds diversity
