Texas Government
at the county level of government in texas, who is in charge of Law enforcement?
Sheriff
what is considered "clear and Present Danger?"
Speech threat followed by actual violence
Plessy v. Ferguson
Started segregation "seperated but equal"
the supreme court's position on prior restraint of the press is that?
Supreme court strikes down the publication ban
Secular Regulation Rule
Test determined for violation of the free exercise of religion
what state executes the most prisoners?
Texas
which state has the second longest constitution?
Texas
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
15th Amendment (1870)
U.S. cannot prevent a person from voting because of race, color, or creed
Voting Rights Act of 1965
a law designed to help end formal and informal barriers to African-American suffrage
Confederal
a system of government where power is located with the independent states and there is little power in the central government
what does the Free Exercise clause of the first amendment prohibit?
an inforce of religion on politics
what is section 4 and 5 in the voting rights act?
any changes affecting voting must obtain approval from US Attorney or district court
civil law
disputes between individuals about their responsibilities to each other
Civil Rights of 1964
equal access to public places
Mapp v. Ohio
exclusionary rule, illegally obtained evidence cannot be used in court
Shelby County v. Holder
got rid of section 4 but kept section 5 (wanted to get rid of section 5)
Libel
is damage caused to a person's reputation through social media
what is the lemon test?
it is a three part test to determine if the establishment clause has been violated
Is the right of free expression absolute?
it is not absolute, they protect free speech like hate speech but do not protect hate crime
Criminal law
offenses against the state or society (murder or theft)
How are appellate court judges selected in Texas?
partisan election (popular vote)
The federal law places what type of restriction on firearms?
people who use it other than protection
Sherbert v. Verner
starter of strict scrutiny
The establishment clause prohibits government from
supporting religion with politics "wall of seperation"
What is Texas two-highest level appellate corses?
supreme court and court of Criminal Appeals
Texas is an example of a plural executive system because
the power of the government is limited
civil rights of 1968
unlawful to refuse to sell or rent to any person because of "race, color, religion"
Furman v. Georgia
(1972) Death penalty is cruel and unusual if carried out in "an arbitrary, discriminatory, and capricious manner".
what are the elements to the Criminal Justice system?
-legislation +creates criminal law -police +enforce the law -courts +adjudicate infractions of the law -corrections. +Incarcerate convicted criminals
how many amendments to the texas constitution have been passed?
517
which amendment gives you allowed to jury
6TH amendment
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Strict Scrutiny
A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal
Columbia v. Heller
American citizens can own a handgun (Heller=Handgun)
describe the differences between texas appellate, district, and county courts
District and texas appellate courts handels criminal cases while county courts handles everything else
Brown v. Board of Education
Ended segregation
19th Amendment
Gave women the right to vote
Brandenburg v. Ohio
Hate speech is protected while hate Crime is not
Article 1 of the Constitution
Legislative Branch
which case guaranteed the right of the people to right of bear arms?
Mcdonald v. chicago
what does the Bill of Rights say about "freedom of religion?"
NO law should be made with religion
8th Amendment
No cruel or unusual punishment
what are the 4 ways that southern states limited the voting rights of African Americans?
Poll taxes, Literacy tests, white primaries, social and physical intimidation
Gideon v. Wainwright
Right to an attorney
2nd Amendment
Right to bear arms
14th Amendment
Rights of Citizens, no state should deny a person life, liberty, or property
Dread Scott v. Sanford
Ruled that blacks weren't citizens, so couldn't sue in court; Lead-up to the 14th amendment
A murder case would be most likely first be tried in an ___
Apellate court
Miranda v. Arizona
The accused must be notified of their rights before being questioned by the police
the texas constitution of 1876
The lengthy, much-amended state constitution, a product of the post-Reconstruction era that remains in effect today.
Everson v. Board of Education
The wall of separation principle is announced (freedom of religion)