Unit 3 Flashcards

1
Q

Civil rights

A

Govt guarantees of political equality

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2
Q

Civil liberties

A

Protect individuals from govt interference

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3
Q

Establishment clause

A

Prevents the government from establishing a state religion; cannot favor or disregard any religion

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4
Q

Free exercise clause

A

Prevents the govt from stopping religious practices as long as it does not oppose other people’s beliefs

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5
Q

Wall of separation

A

Describes how there should be a separation between church and state; coined by Jefferson

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6
Q

Engel v vitale

A

Establishment clause case that ruled mandatory prayer violated the first amendment (establishment clause)

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7
Q

What has to happen for the government to infringe on free speech

A

A compelling govt interest

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8
Q

Schenck v US

A

Created the clear and present danger test since he interfered with congress’s ability to assemble an army

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9
Q

Smith Act

A

Outlaws advocating for the overthrow of the US government

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10
Q

Time place and manner restrictions

A

Allows the government to limit free speech under certain criteria

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11
Q

Time place and manner restrictions

A

Allows the government to limit free speech under certain criteria

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12
Q

Comstock Act

A

Banned obscene material through the mail

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13
Q

Libel

A

Knowingly Printing false information to cause damage

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14
Q

Gun control act of 1968

A

Passed in response to JFK and MLK; makes it illegal to directly order a shotgun in the mail

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15
Q

Brady Bill

A

Passed in response to Reagan assassination attempt;

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16
Q

proceedural due process

A

the method by which the law is enforced

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17
Q

McDonald v Chicago

A

incorporates the 2nd amendments to the states

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18
Q

Mapp v Ohio

A

incorporated the 4th amendments to the state

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19
Q

Weeks vs US

A

evidence obtained illegally cannot be used against someone

20
Q

New Jersey vs TLO

A

established that school admin only needs reasonable suspicion to search a student

21
Q

5th amendment

A

includes the right against self-incrimination (remain silent)

22
Q

Miranda v Arizona

A

established Miranda Rights

23
Q

6th Amendment

A

established the right to counsel

24
Q

Gideon v Wainwright

A

Established that people have a right to counsel in felony cases

25
right to counsel
right to a fair trial
26
substantive due process
if a law denies someone their rights, a court can declare that law unconstitutional
27
Griswold v Connecticut
inherent right to privacy in the constitution
28
Roe v Wade
extended the right to privacy to allow a woman to have an abortion
29
Planned Parenthood v Casey
states cannot require father consent for abortion but can require parental consent for teens
30
Hyde amendment
federal funds cannot be used for abortion
31
Guantanamo Bay
naval base where Bush held terrorist suspects
32
Civil Rights Cases of 1883
Disallowed discrimination by federal and state government, but allowed it from people
33
NAACP
interest group that formed a group of lawyers that fight for Black americans' rights
34
Brown v Board
declared that seperate but equal was not constitutional and violated the equal protection clause
35
Civil Rights Act of 1964
Banned discrimination in public places
36
Heart of Atlanta Motel vs US
Upheld that businesses could not discriminate
37
24th Amendment
eliminated the poll tax
38
Voting Rights Act of 1965
ended literacy tests and requires preclearence for a state to change its voting registration process
39
strict scrutiny
highest standard of judicial review
40
Shelby County v Holder
Court strikes down preclearence
41
Equal Pay Act
employers must pay men and women the same for the same job
42
Defense of Marriage Act
would define marriage as between a man and woman
43
Affirmative Action
program created by Kennedy to help address racial inequality
44
University of California v Bakke
rules that making hard quotas for minorities illegal
45
what is the highest level of judicial review
strict scrutiny
46
what is the level of judicial review for sex discrimination cases
intermediate scrutiny