study unit 8 Flashcards

1
Q

What is the difference between Civil Liberties and Civil Rights?

A

Civil Liberties → Protections against government actions. Civil Rights → Protection by the government against discrimination.

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2
Q

What does the 1st Amendment protect?

A

Free speech, religion (Establishment & Free Exercise Clauses), press, assembly, petition.

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3
Q

What does the 14th Amendment achieve?

A

Selective incorporation → Extends Bill of Rights protections to the states.

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4
Q

Define Prior Restraint.

A

Government limits on publication before it happens.

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5
Q

What is Libel?

A

False written statements damaging a person’s reputation.

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6
Q

What is the Exclusionary Rule?

A

Illegally obtained evidence cannot be used in court (Mapp v. Ohio).

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7
Q

What is the Right to Privacy?

A

Implied in Constitution, applied to cases like abortion (Roe v. Wade).

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8
Q

What did the 13th Amendment accomplish?

A

Abolished slavery.

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9
Q

What are the key provisions of the 14th Amendment?

A

Equal protection & due process.

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10
Q

What did the 15th Amendment guarantee?

A

Voting rights for Black men.

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11
Q

What were the limits of the Civil War Amendments?

A

Led to Jim Crow Laws & segregation despite these protections.

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12
Q

Differentiate between De jure and De facto segregation.

A

De jure – Legal segregation (e.g., Jim Crow Laws). De facto – Segregation by practice/social norms.

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13
Q

What did the Civil Rights Act of 1964 achieve?

A

Banned discrimination in public places & employment.

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14
Q

What did the Voting Rights Act of 1965 outlaw?

A

Literacy tests, protected voter rights.

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15
Q

What is Affirmative Action?

A

Policy to address historic discrimination; still debated today.

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16
Q

What is the significance of Marbury v. Madison (1803)?

A

Established judicial review.

17
Q

What was the outcome of Brown v. Board of Education (1954)?

A

Ended segregation; Plessy v. Ferguson overturned.

18
Q

What did Gideon v. Wainwright (1963) guarantee?

A

Right to an attorney.

19
Q

What are Miranda rights established in Miranda v. Arizona (1966)?

A

Rights that must be read to individuals upon arrest.

20
Q

What is Stare Decisis?

A

The Court follows precedent.

21
Q

What are Amicus Curiae briefs?

A

“Friend of the court” briefs that influence cases.

22
Q

What is a Writ of Certiorari?

A

Supreme Court requests case records for review.

23
Q

What is the Rule of Four?

A

At least 4 justices must agree to hear a case.

24
Q

What are the steps in the Supreme Court Process?

A

1️⃣ Case petition 2️⃣ Oral arguments 3️⃣ Justices deliberate & issue opinions.

25
What is Executive Privilege?
Presidents can withhold certain communications.
26
True or False: U.S. v. Nixon (1974) established that executive privilege cannot hide evidence in criminal cases.
True.
27
What is the Impeachment Process?
House accuses & votes on impeachment; Senate holds trial, possible removal.
28
Who presides over the impeachment trial if the president is impeached?
Supreme Court Chief Justice.
29
What is the Commerce Clause?
Grants Congress the power to regulate commerce among the states and with foreign nations. ## Footnote The Commerce Clause is found in Article I, Section 8 of the U.S. Constitution.
30
What does the Due Process Clause provide?
Guarantees that no person shall be deprived of life, liberty, or property without due process of law. ## Footnote The Due Process Clause is part of the 14th Amendment.
31
What is the purpose of the Equal Protection Clause?
Prohibits states from denying any person within its jurisdiction equal protection under the law. ## Footnote The Equal Protection Clause is also part of the 14th Amendment.
32
What does the Supremacy Clause state?
Establishes that federal law takes precedence over state laws. ## Footnote The Supremacy Clause is found in Article VI, Clause 2 of the U.S. Constitution.
33
What is the Free Exercise Clause?
Protects the right to practice one's religion freely. ## Footnote The Free Exercise Clause is part of the First Amendment.
34
What does the Establishment Clause prohibit?
Prohibits the government from establishing an official religion or unduly favoring one religion over another. ## Footnote The Establishment Clause is also part of the First Amendment.
35
What is the Full Faith and Credit Clause?
Requires states to recognize the public acts, records, and judicial proceedings of every other state. ## Footnote The Full Faith and Credit Clause is found in Article IV, Section 1 of the U.S. Constitution.
36
What does the Necessary and Proper Clause allow?
Gives Congress the power to make all laws that are necessary and proper for carrying out its enumerated powers. ## Footnote The Necessary and Proper Clause is located in Article I, Section 8.
37
What is the Privileges and Immunity Clause?
Prohibits states from discriminating against citizens of other states in favor of their own citizens. ## Footnote The Privileges and Immunity Clause is found in Article IV, Section 2.
38
What does the Ex Post Facto Clause prohibit?
Prohibits laws that impose penalties retroactively. ## Footnote The Ex Post Facto Clause is found in Article I, Section 9.
39
What is the Extradition Clause?
Requires states to return fugitives who flee from justice in another state. ## Footnote The Extradition Clause is part of Article IV, Section 2.