question

Civil Liberties

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Constitutional established guarantees that protect citizens, opinions, and property against government interference.( ie; Freedom of speech)

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What document do our civil liberties come within.

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The Bill of Rights

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Due Proceses

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Legal safeguards that prevent the government from arbitrarily depriving people of life liberty liberty or property.

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Which freedoms encourage community and civic engagement?

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Freedom of Religion Right to Privacy Right to due Process

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What is the order of flexibility to strictness of each establishment clause? From most strict to most flexible.

answer

1)Separation 2)Neutrality 3)Accomodation

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The Bill of Rights initially only applied to whom?

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The Federal Government

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Clear and Present Danger Test

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Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

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Bad Tendency Test

answer

Interpretation of the First Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action.

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Clear and Probable Danger Test

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a standard established in the 1951 case Dennis v. U.S. whereby the government could suppress speech to avoid grave danger, even if the probability of the dangerous result was relatively remote; replaced by the imminent lawless action (incitement) test in 1969

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Imminent lawless action test, Brandenburg Test or incitement test

answer

Or called speech is not protected by the first amendment if the speaker intends to incite a violation of the law that is both imminent and likely.

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Protection from cruel and unusual punishment is protected under what amendment?

answer

Eighth Ammendment

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The Second Amendment states

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The freedom to keep a militia and the right to bear arms.

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Near vs. Minnesota

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Government could not restrict the publication of a news story accusing Jews of a variety of crimes.

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New York Times v. U.S

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The government could not restrict the publication of documents containing information about the Vietnam War that could contribute to an ongoing political debate.

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fighting words

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Speech that inflicts injury or results in public disorder.

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Why has the supreme court placed restrictions upon the freedom to assemble

answer

In order to preserve order and public safety.

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Total Incorporation

answer

An approach arguing that the protections in the Bill of Rights were so fundamental that all of them should be applied to the states by absorbing them into the due process clause of the 14th amendment

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True democracy _______ when the government controls the press.

answer

cannot survive

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Tinker vs. De Moines

answer

unsubstantiated anticipation of disruption is not adequate to limit speech; the 1st amendment may be limited in schools;neither students or teachers entirely shed their constitutional rights at "schoolhouse gate"

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U.S. v. O'Brien

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F: O'Brien convicted for symbolically burning his draft card under a federal statute forbidding the altering of a draft card.

question

USA Patriot Act

answer

law passed due to 9/11 attacks; sought to prevent further terrorist attacks by allowing greater government access to electronic communications and other information; criticized by some as violating civil liberties

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Commercial Speech

answer

Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.

question

Libel

answer

(n.) a written statement that unfairly or falsely harms the reputation of the person about whom it is made; (v.) to write or publish such a statement

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Slander

answer

False charges and malicious oral statements about someone

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Obscenity Test

answer

United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.

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Miller v. California

answer

1973 ruling that determined the obscenity clause to related to works that lack literary, artisitic, political or scientific value. (LAPS test)

question

What standards are included in the obscenity test defined by the supreme court in Miller v. California

answer

1)Does the work depict in an offensive way a form of sexual conduct specifically prohibited by anti-obscenity laws? 2)Does the work as a whole lack serious literary, artistic, political or scientific value? 3)Does the average person applying contemporary standards find that the work appeals to the prurient interest?

question

The framers did not initially see the bill of rights as applicable to state governments for which reasons?

answer

State governments were closer to the people than the national government, they were less likely to restrict individual freedoms. Most State constitutions included a bill of rights of their own that protected the abuses of state power.

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Fifth Ammendment

answer

States that no person will have their life, liberty, or property taken away without due process of law

question

Sixth Ammendment

answer

Guarantees the rights to a speedy and public trial in the district where the crime was committed. The accused has a right to a lawyer and a fair jury and the right to counsel.

question

double jeopardy

answer

Being tried twice for the same crime

question

The Bill of Rights limited the power of which branches of government?

answer

Legislative, Judicial, and Executive

question

Prior Restraint

answer

A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.

question

Mapp v. Ohio

answer

a landmark case in the area of U.S. criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts.

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Lemon Test

answer

1) The government's action must have a secular legislative purpose; 2)The government's action must not have the primary effect of either advancing or inhibiting religion; 3) The government's action must not result in an "excessive government entanglement" with religion

question

Creationism

answer

A literal interpretation of the Bible regarding the creation of humanity and the universe, used to argue that evolution should not be presented as established scientific fact

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Gitlow v. New York

answer

1925; Supreme Court says the first amendment applies to states

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Miranda Rights

answer

States that arrestees must be informed of their right to remain silent, that anything they say can be held against them in a court, that they have a right to an attorney and that an attorney will be appointed to them if they cannot afford one.

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Which of the following amendments contribute to ensuring criminal due process.

answer

4th, 5th, 6th and 8th

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Barron v. Baltimore

answer

the 1833 Supreme Court decision holding that the bill of rights restrained only the national government, not the states and cities.

question

Roe v. Wade

answer

established national abortion guidelines; trimester guidelines; no state interference in 1st; state may regulate to protect health of mother in 2nd; state may regulate to protect health or unborn child in 3rd. inferred from right of privacy established in griswald v. connecticut

question

Free Excersie Clause

answer

Protects a citizen's right to beleive and practice whatever religion her or she chooses

question

Establishment clause

answer

Clause in the First Amendment that says the government may not establish an official religion.

question

Marketplace of Ideas

answer

the belief that in a free-flowing media system, individuals will be able to make their won decisions about what is true and what is false, because media competition will allow different opinions to emerge and struggle for public approval, and in the end the true opinion will win out

question

What key concerns do civil liberties advocates have regarding the government use of drones

answer

Obtaining evidence for criminal investigations in unconstitutional ways. Violation of privacy rights

question

Obscenity

answer

Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.

question

Selective Service Act

answer

This 1917 law provided for the registration of all American men between the ages of 21 and 30 for a military draft. By the end of WWI, 24.2 had registered; 2.8 had been inducted into the army. Age limit was later changed to 18 to 45.

question

Since September 11, 2001 there has been an increase perceived intrusions on what?

answer

Free speech and assembly

question

habeus corpus

answer

A legal principle that requires authorities to show reasons why a person should be held in custody and to provide a speedy trial.

question

In Chaplinsky v. New Hampshire, the court ruled that fighting words were ______ the democratic goals of free speech

answer

do not advance

question

Which faction among the framers, opposed ratification of constitution without first including a Bill of Rights

answer

The Anti-Federalists

question

What would civil libertarians make in the wake of 9/11

answer

Increased security measures might violate individual freedoms and rights.

question

Lawrence v. Texas

answer

Policemen, entering a private home to follow through with a weapon tip, discovered two men, Lawrence and Garner, engaging in consensual sex. According to the Homosexual Conduct law, the two men were placed under arrest for engaging in homosexual relations. Result: The Texas law violates both of the men's 14th A. rights to engage in private conduct without intervention from the government. - violates the 14th and 4th A. - no legit state interest.

question

What rights has Supreme Court interpreted and that the Second Amendment protects?

answer

The right for states to have a well regulated militia and the rights for people to posses firearms

question

What function does the Bill of Rights serve?

answer

Establishing freedoms to community participation. Limits arbitrary exercise of power.

question

The court ruled in Reno c. ACLU that the internet is more like _______media.

answer

Print Media

question

White Primaries

answer

Democratic primary in the south that was limited to white people; ruled unconstitutional in Smith v. Allwright

question

Grandfather Clause

answer

A clause in registration laws allowing people who do not meet registration requirements to vote if they or their ancestors had voted before 1867.

question

Jim Crow Laws

answer

Laws designed to enforce segregation of blacks from whites

question

Poll Tax

answer

A tax of a fixed amount per person and payable as a requirement for the right to vote

question

Literacy Test

answer

A test given to persons to prove they can read and write before being allowed to register to vote

question

Strict Scrutiny Test

answer

a test applied by the court when a classification is based on race; the government must show that there is a compelling reason for the law and no other less restrictive way to meet the interest

question

de jure segregation

answer

Racial segregation that occurs because of laws or administrative decisions by public agencies.

question

De Facto Segregation

answer

Segregation resulting from economic or social conditions or personal choice.

question

Affirmative Action

answer

Affirmative action is a federal agenda initiated in the 1960s by John F Kennedy that's designed to counteract historic discrimination faced by ethnic minorities, women and other underrepresented groups. To foster diversity and compensate for the ways such groups have historically been excluded, institutions with affirmative action programs prioritize the inclusion of minority groups in the employment, education and government sectors, among others.

question

Black Codes

answer

Laws denying most legal rights to newly freed slaves; passed by southern states following the Civil War

question

What did the courts rule in the civil rights cases of 1883?

answer

Congress lacked the authority to prevent discrimination by private individuals and organizations. Congress's jurisdiction was limited to banning discrimination in official acts or local governments.

question

Enforcement Act of 1870

answer

passed by Congress to ban the use of terror, force, or bribery to prevent people from voting because of their race

question

Indentured Servants

answer

Colonists who received free passage to North America in exchange for working without pay for a certain number of years

question

Earliest Group that actively campaigned for full suffrage for native peoples.

answer

Indian's Rights Association

question

Minor v. Happersett

answer

Supreme Court decided that women's suffrage was not a right inherent in the national citizenship guarantees of the Fourteenth amendment, women abandoned legal challenges and turned to more direct forms of political agitation: petitions, marches, and protests

question

Strict Scrutiny Test

answer

a test applied by the court when a classification is based on race; the government must show that there is a compelling reason for the law and no other less restrictive way to meet the interest

question

Uncle Tom's Cabin

answer

written by Harriet Beecher Stowe in 1853 that highly influenced England's view on the American Deep South and slavery. a novel promoting abolition. intensified sectional conflict.

question

Voting Rights of 1965

answer

a law designed to help end formal and informal barriers to African American suffrage. Under the law, hundreds of thousands of African Americans were registered and the number of African American elected officials increased dramatically.

question

Corpus Christi Independent School District v. Cisneros

answer

latinos are a racial minority group; therefore they are covered by laws protecting rights of minority groups

question

Mendez V. Westminster

answer

1947 California & 1948 Delgado Texas cases : Supreme court upheld lower court rulings that declared the segregation of Mexicans unconstitutional.

question

Dred Scott v. Sandford

answer

1857 Supreme Court decision that stated that slaves were not citizens; that livig in a free state or territory, even for many years, did not free slaves; and declared the Missouri Compromise unconstitional

question

Bradwell Case of 1873

answer

sued due to denial of the right to an attorney. wanetd to ass women into the 15th amendment. Stated 14th amaendment rights were violated. Did not win. Rational basis and ordinary scrutiny tests were used

question

Affirmative Action

answer

A policy in educational admissions or job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination.

question

Political Socialization

answer

Complex process by which people get their sense of political identity, beliefs, and values (family, school, media, religion, national events-all help to socialize)

question

Sampling Error

answer

The level of confidence in the findings of a public opinion poll. The more people interviewed, the more confident one can be of the results.

question

Gender Gap

answer

A term that refers to the regular pattern by which women are more likely to support Democratic candidates. Women tend to be significantly less conservative than men and are more likely to support spending on social services and to oppose higher levels of military spending.

question

Tracking Polls

answer

continuous surveys that enable a campaign to chart its daily rise or fall in support

question

Push Poll

answer

polls taken for the purpose of providing information on an opponent that would lead respondents to vote against that candidate

question

Straw Poll

answer

Early form of polling that asks the same question of a large number of people

question

Which religion is more prominent with the southern region of the U.S.

answer

Protestant

question

Pluralist Theory

answer

A theory of government and politics emphasizing that politics is mainly a competition among groups, each one pressing for its own preferred policies.

question

Elitist Theory

answer

a theory that a few top leaders make the key decisions without reference to popular desires

question

Social Capital

answer

Democratic and civic habits of discussion, compromise, and respect for differences, which grow out of participation in voluntary organizations.

question

Largest Agricultural Interest Group

answer

American Bureau of Agriculture

question

Solidary Incentive

answer

the social rewards (sense of pleasure, status, or companionship) that lead people to join political organizations

question

What political issue gave rise to consumer interest groups?

answer

Automotive Safety

question

Rational Choice Theory

answer

A popular theory in political science to explain the actions of voters as well as politicians. It assumes that individuals act in their own best interest, carefully weighing the costs and benefits of possible alternatives.

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