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unit 4 Flashcards

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1
Q

Selective Incorporation

A

a constitutional doctrine that ensures that states cannot create laws that infringe or take away the constitutional rights of citizens.

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2
Q

Seditious Speech

A

Schenck v. US 1919
Speaking out against the govt
Schenck arrested for law espionage act
Clear and Present Danger

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3
Q

Civil Liberties

A

individual protections from the government

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4
Q

Bill of Rights

A

First Ten Amendments in U.S. Constitution added in 1791.
“Congress shall make no law”

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5
Q

Pure Speech

A

Cohen V CA 1969
“One man’s vulgarity is another man’s lyric”

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6
Q

Symbolic Speech

A

Tinker v. Des Moines ISD
“Disruption test”
Arm bands wore to protest vietnam war

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7
Q

Obscenity

A

-Roth v US 1957
- Mailer out of NY entitled “American Aphrodite”
First Amendment does not protect obscene speech.

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8
Q

Press

A

Hustler Magazine v. Falwell (1988)
“Actual malice”
Public Official / Public Figures

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9
Q

Speech Posts

A

Anthony Elonis v. US (2015)
Aka Rapper Tone Dougie
“One way to love you and a thousand ways to kill you…”
“Subjective Intent”

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10
Q

Mahanoy Area School District v B.L. (2021)

A

Brandi Levy
“ fuck school fuck softball fuck cheer fuck everything”
Student Prevails

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11
Q

Nohemi Gonzales V. Google (2022) ,Twitter v. Taamneh (2022)

A

“Act of international terrorism”
Liable for aiding and abetting under Section 230

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12
Q

Religion 1st amendment

A

establishment clause

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13
Q

Engel vs. Vitale (1961)

A

the Supreme Court ruled that school-sponsored prayer in public schools violated the establishment clause of the First Amendment.

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14
Q

Santa Fe ISD vs. Jane Doe (2000)

A

Prayer at football game

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15
Q

Free Exercise Clause - Not Absolute

A

May:
Animal Sacrifices
Amish Attendance
May not:
Snake Handling
Polygamy

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16
Q

2nd Amendment - Right to bear arms

A

District of Columbia v. Heller (2008)
“Unloaded and disassembled” or with a “trigger lock”
Right to protect one’s self

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17
Q

4th Amendment Search & Seizure

A

Mapp v. Ohio (1961)
Exclude Illegally Obtained Evidence

Search with No Warrant
Open Fields
Border Search
Public Trash

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18
Q

5th Amendment Self Incrimination

A

Miranda v Arizona (1966)
“Right to remain silent”
Dickerson v US (2000)
“ Part of American Culture”
Salinas v Texas (2013)
“Must invoke the right” - not “ self executing”

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19
Q

8th Amendment Cruel and Unusual Punishment

A

William Henry Furman v. Georgia (1972)
Halted use of death penalty

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20
Q

-Miller v CA 1973
-Literary
-Artistic
-Political
-Scientific

A

Roth and miller should be attached

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21
Q

What is the takings clause?

A

prohibits the government from taking private property without just compensation

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22
Q

Explain the difference between civil liberties and civil rights.

A

Civil rights are not in the Bill of Rights; they deal with legal protections. For example, the right to vote is a civil right. A civil liberty, on the other hand, refers to personal freedoms protected from government intrusion such as those listed in the Bill of Rights

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23
Q

What does the Children’s Internet Protection Act require?

A

require schools and libraries receiving certain federal funding to block children’s access to obscene material, child pornography, and material deemed harmful to minors

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24
Q

Would a college classroom be considered a public forum?

A

No

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25
What can police search without a warrant?
Open Fields Border Search Public Trash
26
Explain the significance of the Patriot Act.
enabled investigators to gather information when looking into the full range of terrorism-related crimes, including: chemical-weapons offenses, the use of weapons of mass destruction, killing Americans abroad, and terrorism financing
27
Fiscal Policy
is the use of government spending and taxation to influence the economy
28
economic advisors
treasury dept
29
goals of fiscal policy
national interest, please constituents and reduce poverty
30
monetary policy
control a nation's overall money supply and achieve economic growth
31
federal reserve
monitors financial system risks and engages at home and abroad to help ensure the system supports a healthy economy for U.S. households, communities, and businesses.
32
federal reserve term length
14 years
33
Social Policy
addresses how states and societies respond to global challenges of social, demographic and economic change, and of poverty, migration and globalisation
34
FDR Social Policy
New Deal: AFDC ran by national and state govt( Aid to family with dependent children) Social Security, nationally ran
35
JFK Social Policy
“Rediscovery of poverty”
36
LBJ Social Policy
Great Society Medicaid, ran by state and national level Medicare , ran by national govt Food Stamps, ran by state and national level
37
Richard Nixon Social Policy
Guarantee an Income 1,600 a month
38
Ronald Reagan Social Policy
Family Support Act Work Child Support
39
Bill Clinton Social Policy
“End welfare as we know it” Welfare Reform Law AFDC renamed TANF Time Limits Work Requirements
40
Bush Jr Social Policy
Healthy Marriage Initiative
41
Obama Social Policy
Food Stamps Renamed SNAP
42
Donald J. Trump Social Policy
Harvest Box
43
Sleepy Joe Social Policy
American Families Plan
44
Foreign Policy
Congress can declare war, Confirm Ambassadors & Treaties , Appropriations President, State Department , Defense Department , National Security Council , Joint Chiefs of Staff Goals, World Peace, Economic Prosperity , Human Rights , Democracy
45
Areas of Policy (FP)
Isolationism, George Washington , Monroe Doctrine Internationalism, Pearl Harbor , Cold War Superpower - ability to use nuclear weapon , Korean War, Vietnam War Humanitarianism , Kosovo , Haiti , Darfur Terrorism , “axis of evil” Nationalism , USMCA , Argentina, Brazil
46
Political Organizations (FP)
UN NATO
47
Economic Organizations (FP)
IMF - Stability of International monetary system World Bank - Loans For Infrastructure WTO - “most favored nation” status
48
Civil Rights
protect groups of people
49
Homer Plessy v. Ferguson (1896)
” separate but equal” dissent says constitution is color blind Homer Plessy, seven-eighths white, seated himself in the whites-only car and was arrested. He argued that Louisiana's segregation law violated the 13th Amendment banning of slavery and the 14th Amendment's Equal Protection Clause.
50
Sylvia Mendez v. Westminster (1947)
Wasn't aloud to enroll in school because of her skin Review state of california Desegregate Public schools
51
George McLaurin v. Oklahoma State (1950)
McLaurin is a “non traditional student” - over age of 25 Can’t admit cause they don’t have a separate of equal school to attend Provide Access to PhD Program
52
Heman Sweatt v. Painter (1950)
Non traditional student Provide Access to Law School
53
Brown v Board of Education Topeka Kansas
Overturned the plessy ruling
54
Hernandez v Driscoll CISD 1956
Had to go through the first grade three times Was violating rights
55
Civil RIghts Act of 1964
prohibits discrimination on the basis of race, color, religion, sex or national origin
56
Civil Right groups
African Americans SCLC Native Americans AIM Hispanics LULAC Asian Americans AALDEF Women NOW Homosexuals LLDEF Disabled Americans ADAPT Americans With Disabilities Act -reasonable accommodations
57
Affirmative action
programs attempting to either compensate for past discriminator or to create more diversity
58
University of CA V. Bakke
Quota System Counted races admitted Affirmative Action is lawful
59
Hopwood vs. Texas
Outlawed use of Affirmative Action in Miss, TX, and LA Top Ten Percent Law Overturns affirmative action
60
Grutter v. Bollinger
“University of Michigan Case” Point System (20 pts) Violates Equal Protection Reaffirms Affirmative Action
61
UT Austin
High School Students Shrinking Percentage Transfer Students “holistic review”
62
Dred Scot v. Sandford
was a landmark decision of the United States Supreme Court that held the United States Constitution did not extend American citizenship to people of black African
63
13th amendment
abolished slavery in the United States
64
14th amendment
granted citizenship to all persons born or naturalized in the United States—including former enslaved people—and guaranteed all citizens “equal protection of the laws.
65
15th amendment
granted African American men the right to vote
66
NAACP
Founded by W. E. B. Du Bois, Ida B. Wells, to ensure the political, educational, equality of minority group citizens of States and eliminate race prejudice
67
What is de jure segregation and de facto
segregation that is imposed by law, de facto- a situation in which legislation did not overtly segregate students by race, but nevertheless school segregation continue
68
Medicaid
a program of medical aid designed for those unable to afford regular medical service and financed by the state and federal governments.
69
medicare
federal health insurance program for: People who are 65 or older.
70
diplomacy
the art and science of maintaining peaceful relationships between nations
71
difference between soft power and hard power.
A military invasion is hard power. Economic sanctions are hard power. In contrast, coopted or soft power is the capacity to persuade others to do what one wants
72
Describe what constitutes a recession.
a temporary contraction of the economy in which there is no economic growth for two consecutive quarters
73
two presidencies theory.
president deals with both Foreign and Domestic Policy

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