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Civil rights

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require government action to help secure individual rights. protections of citizen equality provided by the government

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Civil Liberties

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restrict government action to protect individual rights. basic potential freedoms that protect citizens from governmental abuses of power

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Selective Incorporation

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Extending protections from the Bill of Rights to the state governments, one right at a time, on a case by case basis, through the 14th amendment

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Establishment Clause (EC)

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Clause designed to keep government officials from favoring one religion over another or religion over non-religion

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Free Practice Clause (FPC)

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citizens may freely engage in the religious activities of their choice, and the government may not interfere in religious practice part of the first amendment that states that congress cannot prohibit or interfere with the practice of religion

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Hate Speech

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Hostile statements based on someone's personal characteristics, such as race, ethnicity, religion, or sexual orientation

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Symbolic Speech

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Speech that is expressed through actions, not words. Burning a flag, tearing up a draft notice.

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Fighting Words

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forms of expression that "by their very utterance" can incite violence, regulated by the government but hard to define. must target a single person, not a group

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Prior Restraint

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the government's right to prevent the media from publishing something Legal effort to stop speech before it occurs, Supreme Court never allowed government to gag citizens before they have their say. Censorship: practice of dictators who close down newspapers or suppress stories they do not like. Prior restraint could be acceptable for national security reasons, Publishing number and location of troops in the field

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Libel

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written false statements that can damage a person's reputation Written falsehoods

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Slander

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spoken false statements that change a person's reputation Spoken falsehood

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Political Speech

answer

Political speech includes not just a speech by the government or candidates for office, but also any discussion of social issues. first modern speech case in WWI. Schenck found guilty for distributing document urging men to resist military recruitment. Political speech not protected if "it incites imminent lawless action" and is "likely to produce such action"

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Exclusionary Rule

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Mapp v Ohio, Exclusionary Rule: any evidence gathered without a warrant and probable cause can't be used in court evidence obtained in aillegal search may not be introduced in a trail

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Double jeopardy

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An individual may not be tried twice for the same crime

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Which amendment to the U.S. Constitution is considered the cornerstone of modern Civil-Liberties?

answer

The 14th Amendment

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How and why the right to an abortion is based on the right to privacy, even though that right is not mentioned in the U.S. Constitution

answer

- The Court discovered a right to privacy implicit in (or in the shadows of) the 1st, 3rd, 4th, 5th, and 9th Amendments. The Court couldn't protect a right to personal privacy or guarantee of certain areas or zones of privacy and that this right of privacy . . . is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. - The Court applied the right to privacy to strike down laws banning abortion. In Roe v. Wade, the Court issued a rule prohibiting states from interfering during the first trimester. - In Planned Parenthood v. Casey, the Court replaced the rule with a standard forbidding laws that put "an undue burden" on the right to privacy.

question

Which Supreme Court case established a woman's right to choose to have an abortion?

answer

In Roe v. Wade (1973) the Supreme Court drew on the right to privacy and struck down a Texas law banning abortion.

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What are the specifics of Engel v. Vitale? (1962)

answer

the Court ruled that New York's practice of starting the school day with a prayer violated the establishment clause.

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Under which circumstances "student speech" may be curtailed?

answer

Student speech can be curtailed if it "materially and substantially interferes with the requirements of appropriate discipline in the operation of the school"

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Under what circumstances may "prior restraint" of speech be acceptable

answer

Prior restraint could be acceptable for national security reasons by preventing the publishing of number and location of troops in the field.

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What constitutional amendment concerns the right to own firearms

answer

2nd Amendment

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What constitutional amendment concerns search and seizure?

answer

4th Amendment

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The "exclusionary rule" was a result of which Supreme Court case?

answer

Landmark case: Mapp v. Ohio (1961, decided 6-3)

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What Supreme Court case provides for the selective incorporation of the right to remain silent?

answer

Miranda v. Arizona, (1966). now known as the Miranda warnings or Miranda rights.

question

Burning the American flag is considered a form of what type of free speech?

answer

Symbolic Speech

question

Same-sex relations were originally related to what right, as a result of interpretation by the Supreme Court?

answer

The Right to privacy Lawrence v. Texas, (2003) is a landmark decision by the Supreme Court. The Court struck down the sodomy law in Texas and, by extension, invalidated sodomy laws in 13 other states, making same-sex sexual activity legal in every U.S. state and territory. The Court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the 14th Amendment. Lawrence invalidated similar laws throughout the United States that criminalized sodomy between consenting adults acting in private, whatever the sex of the participants.

question

Which constitutional amendment addresses the right of freedom of religion?

answer

The 1st Amendment gives two succinct commands regulating religion. 1. federal gov may not establish an official religion. EC 2. may not interfere with religious practice. FPC

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In which amendment is the right to freedom of speech included?

answer

1st Amendment

question

The debates about the death penalty center around which amendment

answer

8th Amendment

question

According to the initial rule established by the Supreme Court as a part of its decision in Roe v. Wade, what action could the states do to limit abortions during the first trimester?

answer

There could be no interference nor action by the states during the first trimester. a rule prohibiting states from interfering during the first trimester. nothing, states couldn't interfere

question

Freedmen's Bureau

answer

Congress organized this bureau in an effort to assist former slaves in the South during the Reconstruction.

question

de jure discrimination

answer

Latin term of Legal discrimination. Involving laws & practices that explicitly deny civil rights. Discrimination established by laws.

question

de facto discrimination

answer

Also known as "in fact", this kind of discrimination exists without explicit rules and regulations. More subtle form of discrimination that exists without legal basis, which makes it harder to address.

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Freedom Riders

answer

Groups of young people rented greyhound buses to protest segregated interstate bus lines and terminals

question

Seneca Falls Convention

answer

1st convention for women's suffrage in Seneca Falls, New York in 1848

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Jim Crow

answer

A system of segregation laws. Such as separate water fountains, schools, buses, parks

question

Affirmative Action

answer

taking direct, positive steps to increase the representation (especially in schools & workplace) of groups that have faced discrimination in the past.

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Reconstruction

answer

Failed to effort to rebuild the South and establish racial equality after the Civil War

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Emancipation Proclamation

answer

In 1863, Lincoln's Emancipation Proclamation. An executive order declaring slaves free in all rebel states free.

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Once the War was finally over, Congress wrote three "Civil War Amendments."

answer

The 13th Amendment (ratified in 1865) abolished slavery. The 14th Amendment (ratified in 1868) offered protection to former slaves and gave them their freedom. It applied the federal Constitution and the Bill of Rights to the states. The 15th Amendment (ratified in 1870) guarantees the right to vote.

question

Great Migration

answer

Beginning in the 1920s, many African Americans left the South and moved to more lucrative factory jobs in the northern cities.

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In what years was the 13th Amendment ratified and what did it do?

answer

The 13th Amendment (ratified in 1865) abolished slavery.

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The 15th Amendment was ratified in what year, and what did it guarantee?

answer

It was ratified in 1870 and guarantees the right to vote.

question

In the struggle against slavery, the plight of slaves was often compared to the plight of whom?

answer

Compare Africans to the Israelites Bound in slavery waiting for deliverance

question

What amendment applied the national constitution and the Bill of Rights to the states?

answer

The 14th amendment applied the federal Constitution and the Bill of Rights to the states.

question

What were the major reasons that Reconstruction failed?

answer

No national mechanism to enforce equal protection North withdrew army 1877

question

What is the largest minority group in the U.S. today?

answer

Hispanics. Making up about 16.5 percent of the population

question

-What is the second-largest minority group in the U.S. today?

answer

Black, Africans - Americans

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-What is the third-largest minority group in the U.S. today?

answer

Asian Americans, after blacks and Hispanics.

question

What is the relationship between Native American Reservations and the government of the State in which the reservation is located?

answer

They are independent jurisdiction not subjected to state government.

question

Which minority group in the U.S. currently has the highest education level and the highest median income?

answer

Asian Americans

question

he Americans with Disabilities Act (ADA) applied to companies with how many employees?

answer

25

question

Which Supreme Court decision, handed down in 1857, led to the Republican Party rising to national prominence by explicitly rejecting the decision?

answer

Dred Scott vs. Sanford. Lincoln won the presidency on platform that flatly opposed the expansion of slavery into any territory.

question

What did the Compromise of 1850 do?

answer

Turned the decision of slavery in the new territories to its residents. They would decide by voting if either to become a free or slave state.

question

Which president desegregated the U.S. military in 1948?

answer

President Harry S. Truman

question

The 19th Amendment, which gave women the right to vote, was ratified in what year?

answer

1920

question

Women from which group of states had already won the right to vote before Congress finally endorsed women's suffrage nationally?

answer

West territories. Wyoming in 1869, Utah 1870, by 1916, and effective political campaign had won full suffrage in 15 states and partial suffrage in 23 others. Women voted in every state of the West and Midwest, except New Mexico.

question

The Seneca Falls Convention and gathering in 1848 was the first discussions of voting rights for which group of people?

answer

Women

question

What Congressional Act barred discrimination based on "race, color, religion, sex, and National origin and what year did it pass?

answer

The Civil Rights Act of 1964

question

In what year did Martin Luther King deliver his famous "I Have a Dream" speech in Washington, D.C.?

answer

1963

question

Affirmative action programs were applied to what two arenas?

answer

In the workplace, it called for direct, positive steps to recruit members of previously underrepresented groups and equality of opportunity In schools, it called for children from different race & ethnicities to go to school together to learn about each other.

question

1st Amendment

answer

Freedom of Religion, Speech, Press, Assembly, and Petition

question

2nd Amendment

answer

Right to Keep, Bear Arms

question

3rd Amendment

answer

No Lodging Troops in Private Homes

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4th Amendment

answer

No unlawful Search, Seizures

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5th Amendment

answer

Criminal Proceedings; guarantees Due Process; Eminent Domain; no Double Jeopardy; no Self incrimination

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6th Amendment

answer

Criminal Proceedings; right to speedy and fair trial; Must inform defendant of charge/s; Right to Attorney; Right to fair impartial jury

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7th Amendment

answer

Trial by Jury in Civil Cases where value exceeds $20

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8th Amendment

answer

No excessive Bail or fines; No Cruel or Unusual Punishment. Death Penalty

question

9th Amendment

answer

Unenumerated Rights (not all individual rights are listed in constitution)

question

10th Amendment

answer

Powers Reserved to the States (limits the power of Federal Government)

question

11th Amendment

answer

Suits Against States

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12th Amendment

answer

Requires separate Electoral ballots for President and VIce President

question

13th Amendment

answer

Abolished slavery

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14th Amendment

answer

Grants citizenship to "all persons born or naturalized in the United States"; it forbids any state to deny any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of its laws."

question

15th Amendment

answer

No denying Right to Vote--- Race, Color, Servitude

question

16th Amendment

answer

Congress can tax income directly

question

17th Amendment

answer

Popular Election of Senators

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18th Amendment

answer

Prohibition of alcohol

question

19th Amendment

answer

Cannot be deprived the right to vote based on sex

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