question

Civil liberties

answer

The protections of citizens from improper governmental action

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Strict scrutiny

answer

The most stringent standard of judicial review of a government's actions in which the government must show that the law serves a "compelling state interest"

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Miranda rule

answer

The convention derived from the Supreme Court's 1966 ruling in the case of Miranda v. Arizona whereby persons under arrest must be informed of their legal rights, including their right to counsel, before undergoing police interrogation

question

Establishment clause

answer

The first amendment clause that says, "Congress shall make no law respecting an establishment of religion." This law means that a wall of separation exists between church and state

question

Lemon test

answer

Rule articulated in Lemon v. Kurtzman according to which governmental action in respect to religion is permissible if it is secular in purpose, does not lead to excessive entanglement with religion and neither promotes nor inhibits the practice of religion

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Free exercise clause

answer

The first amendment clause that protects a citizens right to believe in practice whatever religion he or she chooses

question

Clear and present danger

answer

The criterion formely used to determine whether speech is protected or unprotected based on its capacity to present a clear and present danger to Society

question

Speech plus

answer

Speech accompanied by activities such as sit inside, picketing and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

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Prior restraint

answer

An effort by a government agency to block the publication of material it deems libelous or harmful in some other way censorship in the United States the courts forbid prior restraint except under the most extraordinary circumstances

question

Libel

answer

A written statement made I in reckless disregard of the truth and consider damaging to a victim because is malicious scandalous and defamatory

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Slander

answer

An oral statement made in reckless disregard of the truth and the sitter damaging to a victim because it is malicious, scandalous and defamatory

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Due process

answer

Proceeding according to law and with adequate protection for individual rights

question

Exclusionary rule

answer

The ability of courts to exclude evidence obtained in violation of the fourth amendment

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Grand jury

answer

A jury that determines whether sufficient evidence is available to justify a trial. Grand juries do not rule on the accused's guilt or innocence

question

Double jeopardy

answer

The fifth amendment right providing that a person cannot be tried twice for the same crime

question

Right to privacy

answer

The right to be left alone which has been interpreted by the Supreme Court to entail individual access to birth control and abortions

question

Civil rights

answer

The legal or moral claims that citizens are entitled to make on the government

question

Equal protection clause

answer

The provision of the 14th amendment guaranteeing citizens that equal protection of the laws. This clause has been the basis for the civil rights of African-Americans, women, and other groups

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Separate but equal rule

answer

The doctrine that public accommodations could be segregated by race but still be equal

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De jure segregation

answer

Racial segregation that is a direct result of law or official policy

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De facto segregation

answer

Racial segregation that is not a direct result of law or government policy but is, instead, a reflection of residential patterns, income distributions, or other social factors

question

Intermediate scrutiny

answer

The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional

question

Affirmative action

answer

A policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities

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characteristics of public goods

answer

non-rivalrous (everyone will benefit) non-excludable (cannot be prevented from it)

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unitary government

answer

one national government controls everything

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federal government

answer

regional and national governments hold certain powers

question

confederal government

answer

most power lies in regional government

question

the 8 federal powers

answer

supremacy clause necessary and proper clause McCulloch v. Maryland and the ^ full f&c and p&v commerce clause enumerated powers of nat gov 14th amendment bonus: money

question

the 4 state powers

answer

enumerated powers the tenth amendment concurrent powers the 11th amendment

question

missouri applied for statehood in...

answer

1818

question

missouri came in as a slave or free state?

answer

slave state

question

missouri has had how many constitutions?

answer

4

question

the missouri constitutions were put into effect in what years?

answer

1820 1865 1875 1945

question

is the missouri constitution or the US constitution longer?

answer

missouri constitution

question

right to privacy court case

answer

Griswold v. Connecticut (1965)

question

what was Griswold v. Connecticut about?

answer

whether birth control should be legal or not

question

participation court case

answer

Baker v. Carr and progeny (1960s)

question

what was Baker v. Carr and progeny about?

answer

states not having updated censuses, leading to wrongful apportionment of votes in the electoral college

question

what are the 3 p's ?

answer

privacy participation punishment

question

selective incorporation

answer

the process by which the Supreme Court has selectively applied the Fourteenth Amendment to state law

question

selective incorportation court case

answer

Barron v. Baltimore (1833)

question

what was Barron v. Baltimore about?

answer

said that the bill of rights only applied to national government

question

historical roots of civil rights and liberties

answer

based in classical liberal political theory reaction to british abuses

question

1st amendment

answer

limits on congress

question

amendments 2-4

answer

limits on executive branch

question

amendments 5-8

answer

limits on the courts

question

amendments 9-10

answer

limits on the national government

question

amendments 11, 13, 14, 16

answer

limits on state governments

question

McCulloch v. Maryland

answer

court case favoring national power

question

Gibbons v. Ogden

answer

commerce court case

question

United States v. Lopez

answer

first court case since the New Deal that limited congressional powers; "beyond congress' power to regulate commerce"

question

fighting words

answer

speech that directly incites damaging conduct

question

Plessy v. Ferguson

answer

stated that racial discrimination did not violate the equal protection clause in the 14th amendment (created separate but equal rule)

question

Brown v. Board of Education

answer

reversed Plessy v. Ferguson and the separate but equal rule

question

19th amendment

answer

women's right to vote

question

15th amendment

answer

african americans' right to vote

question

The Civil Rights Act of 1875 (force act)

answer

guranteed blacks equal treatment in public accommodations, such as public transportation, and prohibited states and local governments from excluding blacks from jury service

question

Smith v. Allwright (1944)

answer

asserted the power of the federal government to intervene in the states' conduct of elections in order to protect the voting rights of black

question

Gomillion v. Lightfoot (1961)

answer

ruling that state and locla governments could not draw boundaries of election districts so as to discriminate against blacks

question

Voting Rights Act of 1965

answer

knocked out a large number of state laws and practices that were used to discriminate against blacks (later amended to include Hispanics and language groups)

question

1972 Education Act (title IX)

answer

forbids gender discrimination in education

question

Franklin v. Gwinnett County Public Schools

answer

ruled that violations of Title IX of the 1972 Education Act could be remedied with monetary damages

question

Mendez v. Westminster

answer

overturned policy of school segregation aimed at Mexican Americans

question

Violence against Women Act

answer

defined gender-biased violent crimes as a matter of civil rights and created a civil rights remedy for women who have been the victims of such crimes

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1965 Immigration and Nationality Services Act

answer

lifted discriminatory quotas (asian americans)

question

Lau v. Nichols

answer

ruled that school districts have to provide education for students whose English is limited

question

Romer v. Evans

answer

extended fundamental civil rights protections to gay men and lesbians by declaring unconstitutional a 1992 amendment to the Colorado state constitution that prohibited local government from passing ordinances to protect gay rights

question

3 civil war amendments

answer

13th 14th 15th

question

13th amendment

answer

abolished slavery

question

14th amendment

answer

extends citizenship, "privileges and immunities", due process rights, equal protection of the laws to former slaves

question

24th amendment

answer

outlawed poll taxing

question

Age Discrimination act of 1967 & 1975

answer

banned not hiring people based on their age (too young or too old)

question

Defense of Marriage Act (DOMA) 1995

answer

defined marriage as being between a man and a woman

question

year DOMA was overturned

answer

2013

question

Bowers v. Harwick (1986)

answer

denied right to privacy for gays

question

Lawrence v. Texas (2003)

answer

guaranteed right to privacy for gays

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