Unit 2 Flashcards

(67 cards)

0
Q

DE facto Segregation

A

Enforced by habbit

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1
Q

De jure segregation

A

Segregation enforced by law

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2
Q

Dred Scott v stanford

A

Slave moved from slave state to non slave state then back to slave state, is he still a slave. Made Missouri compromise invalid

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3
Q

13th amendment

A

Made to abolish slavery

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4
Q

14th

A

Citizenship process and immigrant bill of rights

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5
Q

15

A

Banned voting restrictions or race and color, African American right to vote

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6
Q

Civil rights act 1875

A

Outlawed racial Segregation, found unconstitutional

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7
Q

Jim crow laws

A

Promoted Segregation, mainly in South. Violated anti Segregation laws

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8
Q

Plessy v Ferguson

A

Black Man was on white train and kicked off, ruled rights not violated.

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9
Q

Executive Order 8802

A

Prohibited segregation based on race in the work place

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10
Q

Executive order 9981

A

Anti lynching, abolished segregation,forbid segregation by contractors.

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11
Q

Brown versus Board of Education one

A

Desegregation of schools, created equality

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12
Q

Brown versus Board of Education two

A

Enforcement of brown versus Board of Education

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13
Q

Civil rights act of 1957

A

Ensuring blacks right to vote, protect voting rights of blacks

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14
Q

24th amendment

A

Outlawed poll tax on voting, gave everyone the right to vote

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15
Q

Civil rights act of 1964

A

Legally ended Segregation on race, sex, origin.

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16
Q

Voting rights act of 1965

A

Most effective, stopped literacy tests gave blacks the power to vote

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17
Q

Affirmative action

A

Meant to break down barriers and give people equal opportunity, has been debated a lot, supposed to help a group who is disadvantaged

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18
Q

Regents of university of California v bakke

A

Applied to u of c and wasn’t accepted, race cannot be a factor

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19
Q

Civil rights act of 1991

A

More rights to people sueing in the work place and suits of discrimination

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20
Q

Gutter v Bollinger

A

Applied at u of m but due to affirmative action and racial diversity preferences he wasn’t accepted

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21
Q

Fisher v u of Texas Austin

A

Narrowly tailoried diversity goals

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22
Q

Civil rights

A

Positive acts by government to prevent discrimination by The government
Ex voting rights act 1965 gave African Americans voting rights

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23
Q

Incorporation doctrine

A

Supreme Court applied most of the Bill of Rights to the states

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24
14th amendment
No state shall make or enforce Law which will abridge the privacy and immunities of citizensor deprive any person of life and liberty
25
Barron versus Baltimore
Determined Bill of Rights is only national not state
26
Gitlow v newyork
Freedom of speech and press fundamental rights protected by the 14th, made 1st amend apply to states
27
Total incorporation
1-8 amend completely Inc. to the states
28
Selective incorporation
Amendments applied by a case-by-case basis
29
Interpreting the Constitution
``` One exact wording two original intention three precedent , past decision four consequences five basic values ```
30
Interpreting the Constitution 2 | strict construction
Just follow the literal meaning don't stray from original language conservative
31
Interpreting the Constitution | loose construction
Flexible reading of constitution modern values | liberal
32
Freedom of religion
Congress shall make no law restricting an establishment of religion prohibiting or the free exercise
33
Establishment clause
Cannot prefer one religion over another no national religion cannot tax Americans who prefer any religion
34
Wall of separation doctrine
Created a division between church and state
35
Free exercise clause
Guarantees people right to practice any or no religion
36
Lemon v kurtzman
Found Law for reimbursement for textbooks and teacher salaries unconstitutional
37
Lemon test
One secular purpose two primary effect that neither advances or inhibits religion three not Forster government entanglement with religion
38
Pure speech
Verbally, given most protection by courts
39
Speech plus
Verbal and symbolic used together
40
Symbolic speech
Actions are symbols used to give a message rather than words
41
Freedom of press
Closely related to speech, Government cannot prevent material from being published
42
Roth v us
Obscenity is not considered constitutionally protected in press or speech
43
Miller versus California
Establish toast to determine if materials are considered obscene
44
Miller test
One whether the average person would find the work appeals to prudent and interest Two whether the work the pics offensive sexual conduct Three if the work lacks artistic, political, or scientific value
45
Libel
Written defamation publishing false statements maliciously that damage a persons reputation, has to be false
46
Slander
Refers to spoken words same as libel, must be false
47
Public officials versus private individuals libel and slander
Private individuals have a lower standard only requiring proof that the statement was false
48
Commercial speech
Can be restricted more than other forms of speech
49
Federal trade commission
Decides what can be advertised and the content of the advertising
50
Federal Communications Commission
Regulates content nature and existence of radio and TV broadcasting
51
Equal time doctrine
Political debates considered events that don't need equal time, more opportunity to opposing otherwise
52
Due process clause | Procedural due process
Determining if government policies of the law violates constitutional protections
53
Substantive due process
Determining if method government uses to carry out law violates constitutional protections
54
Search warrant
An authorization specify an area to searchprotected against unreasonable search
55
Exclusionary rule
Illegally obtained evidence is not admissible in court
56
Mapp v Ohio
Corporate's fourth amendment upheld the application of exclusionary rule
57
Self incrimination
Protects the accused from double jeopardy punishment without due process and self-incrimination
58
Miranda versus Arizona
Established guidelines for police questioning - right to remain silent - what's said can be used against you - right to have a lawyer
59
Right to counsel
Protects rights of accused including right to counsel confront witnesses and a speedy trial
60
Gideon versus Wainwright
Anyone accused of crime where prison is possible you have the right to an attorney
61
Cruel and unusual punishment
Eighth amendment prohibits cruel and unusual punishment mandatory death sentences for crimes are unconstitutional
62
Right to privacy
Constitution does not mention a right to privacy but the courts have interpreted several rights fall under right to privacy
63
Griswold versus Connecticut
Law forbid sale of contraceptives court held that the sale was with in the right to privacy for a married couple
64
Roe v wade
Challenged law forbidding abortion unless necessary to save mother's life, court held law cannot forbid abortions
65
Furman versus Georgia
Accidental murder while rubbing found death penalty was found as cruel and unusual punishment in this case
66
Greg versus Georgia
Murdered someone and was sentenced to death court said this was not Cruel unusual