unit 3

Question 1

Civil liberties

Answer 1

constitutionally guaranteed personal freedoms protected from arbitrary governmental interference

Question 2

Wall of separation

Answer 2

clear divide/separation of church and state

Question 3

Establishment clause

Answer 3

federal, state, and local governments cannot establish, recognize, nor disregard any religion

Question 4

free exercise clause

Answer 4

prevents the government from stopping religious practices

Question 5

The lemon test

Answer 5

tested state violations of the establishment clause. It is secular, no excessive entanglement, will not promote or inhibit religion

Question 6

protected speech

Answer 6

symbolic speech and hate speech

Question 7

symbolic speech

Answer 7

non verbal actions that express a viewpoint on issues

Question 8

unprotected speech

Answer 8

obscene speech, defamatory speech, destruction of government issued documents

Question 9

obscene speech

Answer 9

usually sexual in nature

Question 10

defamatory speech

Answer 10

false statements that cause harm or violence (can be protected if there is no measurable harm done)

Question 11

free press

Answer 11

people have the right to give and receive published information without government interference

Question 12

libel

Answer 12

false statements that damage a person’s reputation

Question 13

breathing space

Answer 13

allows published information to have unintended inaccuracies without being sued for libel

Question 14

prior restraint

Answer 14

the right to stop printed and spoken expression in advance

Question 15

does the government have exclusive power to utilize prior restraint

Answer 15

no

Question 16

brady bill

Answer 16

background checks and five day waiting period

Question 17

District of Columbia v Heller

Answer 17

set the stage for lifting government regulations on private gun ownership

Question 18

eighth amendment

Answer 18

protects against cruel and unusual punishment an excessive fines

Question 19

furman v georgia

Answer 19

national hold on the death penalty; guidelines were restructured and limits were created

Question 20

fourth amendment

Answer 20

protects agains unwarranted and unreasonable searches and seizures

Question 21

metadata

Answer 21

telephone data minus the actual conversation; can be collected without a warrant

Question 22

selective incorporation

Answer 22

SCOTUS process of declaring certain (selected) Bill of Rights provisions be applied to the states rather than all at once

Question 23

Due process

Answer 23

Ensures that fair and legitimate legal processes take place before life, liberty, or property can be taken

Question 24

14th amendment

Answer 24

Passed after the Civil War to guarantee far-reaching protections of citizens across the country- esp. former
slaves.

Question 25

Procedural due process

Answer 25

The way in which the law is carried out; applied by the 5th & 14th amendments

Question 26

Procedural due process examples

Answer 26

fifth amendment, exclusionary rule, searches in school

Question 27

Exclusionary rule

Answer 27

evidence taken in violation of the 4th amendment can be excluded

Question 28

USC Patriot Act

Answer 28

Can those suspected of being terrorists be detained without habeas corpus (bringing accused people before a judge)?

Question 29

Rights of the accused

Answer 29

self incrimination and right to counsel.

Question 30

substantive due process

Answer 30

the substance of a law (mostly state laws) cannot violate basic rights

Question 31

substantive due process example

Answer 31

right to privacy - not an expressed right, but is an inherent right protected by the fourth and ninth amendment

Question 32

NAACP

Answer 32

national association for in the advancement of colored people

Question 33

NAACP successes

Answer 33

defended black citizens during unfair trials, outlawed white primaries, filed hundreds of law suits against school segregation

Question 34

19th amendment

Answer 34

suffrage cannot be denied on the account of sex

Question 35

equal pay act

Answer 35

made it so that women and men earned the same wage for the same job

Question 36

national organization of women

Answer 36

SIG that continues to push for greater equality

Question 37

Title IX

Answer 37

"strict scrutiny" to guarantee women equal education opportunities

Question 38

1964 civil rights act

Answer 38

prevented refusal to employ for discriminatory reasons but did not list sexual identity

Question 39

defense of marriage act

Answer 39

allowed states to decide on same sex marriage laws

Question 40

obergefell v hodges

Answer 40

ruled that preventing same sex marriage violates

Question 41

Heart of atlanta motel v US

Answer 41

commerce clause can be used to prevent private business owners from discrimination

Question 42

voting rights act

Answer 42

expanded the franchise (right to vote) of black voters by allowing the federal government to oversee state-run elections (especially in the south)

Question 43

24th amendment

Answer 43

outlawed the poll tax in any federal, primary, or general election

Question 44

freedom of choice plans

Answer 44

placed the burden of school transfers on black students

Question 45

swann v charlotte mecklenburg

Answer 45

allowed mathematical ratios to be used to integrate schools by reflecting the racial makeup of local populations

Question 46

White Flight

Answer 46

white parents began moving out of cities where ratios to desegregate schools were being used

Question 47

Majority-Minority Districts

Answer 47

voting district in which the minority makes up the majority

Question 48

affirmative action

Answer 48

institutional efforts to diversify by race or gender and otherwise

Question 49

equal opportunity employment

Answer 49

JFK Executive Order to Affirmative Action in the workplace

Question 50

Regents of the University of California v Bakke

Answer 50

does affirmative action create reverse discrimination? The court sided with Bakke under the 14th amendments Equal Protection Clause