Government Ch13-15

Jus sanguinis

"Law of blood" focuses on parentage

Jus soli

"Law of the soil" focuses on where a person is born

Abington school district v. Schemes Freedom of religion

(Abington Township) banned school sponsored bible readings

Hopwood v. State of Texas

-only made it to appellate courts- said race as a means of achieving diversity on college campuses "undercuts the 14th amendment"

Symbolic speech

-sometimes called expressive conduct or expression- involves actions and symbols to express opinions

What are three ways to lose citizenship?

1. Expatriation 2. Being convicted of certain serious federal crimes 3. In an administrative process of denaturalization

Civil rights act of 1968

1. Forbade discrimination in most housing 2. Provided penalties for those attempting to interfere with individual civil rights

Voting rights act of 1965

1. Outlawed discriminatory voter registration tests 2. Authorized federal registration of voters and federally administered voting procedures anywhere that discriminated electorally against any particular group

Religious freedom restoration act

1993-Overturned Oregon v. Smith- people can perform religious rituals unless they are prohibited by a narrowly tailored law

Glass ceiling

A bias against women in the workplace- subtle obstacles to advancement faves by professional women

Collin v. Smith Freedom of assembly

A community could not set a high permit cost just to keep people out

Resident alien

A foreigner who has established permanent residency in the US

Civil disobedience

A non-violent, public refusal to obey allegedly unjust laws

Expatriation

A person gives up their citizenship by the act of leaving the U.S. And becoming a citizen of another country

Affirmative action

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

Collective naturalization

A process under which an entire group of people become citizens by a treaty or act of congress

Patriot act 2001

A response to the terrorist attacks of 9/11

Wisconsin v. Yoder Free exercise clause

A state cannot require Amish parents to send their children to public school beyond the 8th grade

Lynch v. Donnelly Freedom of religion

Allowed city in Rhode Island to display nativity scene along with a Christmas tree, reindeer, and sleigh

Equal access act (1984)

Allowed religious groups to meet in public schools

Gag orders

An order by a judge barring the press from publishing certain types of information about a pending court case

Adarand constructors, inc. V. Pena

Any local, state, or federal affirmative action program that uses racial or ethnic classifications as the basis for making decisions is subject to "strict scrutiny" by the courts

"Fighting words"

Any offensive, derisive, or annoying word to any other person who is lawfully in any street or public place

Seditious speech

Any speech urging resistance to lawful authority or advocating the overthrow of the government

Abigail adams

Asked for equal treatment

Griswold v. Connecticut Privacy

Banned a law outlawing contraceptives

Double jeopardy

Being tried twice for the same crime

Prior restraint

Censorship of information before publication- on,y allowed in cases relating directly to national security

City of Bourne, Texas v. Flores Free exercise clause

Congress doesn't have the power to create a new law when it doesn't like the rulings of the supreme court

Oregon v. Smith Free exercise clause

Court denied unemployment benefits to a worker fired for using drugs as a part of religion ceremonies

New York Times co. V. United States Freedom of the press

Court ruled prior restraint

United states v. Windsor Extra new case

Court rules that the defensive marriage act is unconstitutional

Sheppard v. Maxwell Freedom of the press

Court set up measured judges could take to restrain press coverage 1. Move trail to new location 2. Limiting the number of reporters in the courtroom 3. Placing controls on reporter's conduct 4. Isolating witnesses and jurors from the press 5. Having jury sequestered

Epperson v. Arkansas Freedom of religion

Court struck down Arkansas law banning the teaching of evolution

Tinker v. Des Moines school district Freedom of speech - symbolic speech

Court upheld right of students to engage in free and symbolic speech by wearing black armbands

8th amendment

Cruel and unusual punishment

Miller v. California Freedom of the press

Dealt wit obscenity

Precedent

Decisions made on the same issue in earlier cases

Libel

Defamatory speech that is written

Gitlow v. New York Freedom of speech - seditious speech

Developed the "bad tendency doctrine"

American indians

Did not get the right to vote unit 1924 U.S. Govt finally gave some reparations to Indians for taking their land

Betts v. Brady 6th amendment- right to counsel

Do not have to provide a lawyer in death penalty cases unless there were special circumstances

Wiretapping

Eavesdropping on phones, bugging homes, etc

Schenck v. United States Freedom of speech - seditious speech

Established "clear and present danger" rule

Weeks v. United States 4th amendment- search and seizure

Established the exclusionary rule

Gideon v. Wainwright 6th amendment- right to counsel

Everyone who cannot afford a lawyer will be provided with one

Exclusionary act

Evidence illegally obtained cannot be used in federal court

Mapp v. Ohio 4th amendment- search and seizure

Extended the exclusionary rule to the states with this case

Defamatory speech

False speech that damages a person's good name, character, or reputation

Non-protected soeech

Fighting words, sedition, promoting bad tendency

Texas v. Johnson Freedom of speech - symbolic speech

Flag burning is protected symbolic speech

Civil rights act of 1964

Forbade discrimination on the basis of race, gender, color, religion. And national origins

Roe v. Wade Privacy

Gave women the right to have abortions

Due process

Government cannot act arbitrarily or unfairly-14th amendment

Preferred position doctrine

Hold that first amendment freedoms are more fundamental than other freedoms

Procedural due process

Law must be carried out by a METHOD that is fair and orderly -deals with most cases that reach the Supreme Court

Floating buffer zone laws

Laws that attempted to keep a few feet of distance between a demonstrator and a moving person who might be approaching a clinic

Shield laws

Laws that give reporters some protection from disclosing their sources in state courts

Intermediate scrutiny

Laws that treat people differently. Under this standard, a law will not violate the equal protection clause if true government can show that the law is substantially related to a legitimate government interest (women, elderly)

Civil liberties

Legal constitutional protections against government

Marsh v. Chambers Freedom of religion

Legislatures can say prayers without violating the constitution because it's a tradition

New York Times v. Sullivan Freedom of speech - defamatory speech

Limited the right of public officials to recover damages for defamation

Rosa parks

Marked the beginning of the civil rights movement

De facto segregation

Occurs as a simple matter of where a person lives

Denaturalization

Occurs when it's proved that fraud, deception, or error occurred during the original naturalization

Mueller v. Allen Freedom of religion

Parents can deduct tuition, books, and school transportation costs from their state income taxes

West Virginia state board of education v. Barnette Free exercise clause

Patriotism can be achieved without forcing people to violate their religious beliefs

Picketing

Patrolling an establishment to convince workers and the public not to enter it

Undocumented aliens

People here illegally, but some are foreigners whose permits have expired

Refugees

People who are fleeing persecution or danger from their home country

Nonresident alien

People who expect to stay for a short, specified time

Feiner v. New York Freedom of assembly

Police had not restricted speech, but maintained order

Engel v. Vitals Freedom of religion

Prayer in public schools is unconstitutional

Santa Fe school district v. Jane doe Freedom of religion

Prayers at public school football games violated the establishment clause

Free exercise clause

Prohibiting government from unduly interfering in the exercise of religion

Allegheny county v. ACLU (American civil liberties union) Freedom of religion

Publicly funded nativity scene was not acceptable

Asia Americans during WW2

Put into interment camps

Enemy alien

Represents citizens of nations that are of war with the U.S.

De jure segregation

Results from laws or administrative decisions (bussing)

Reynolds v. United States Free exercise clause

Reynolds was a Mormon and had more than one wife. Court said you can't do what you want when it violates the morals of the community

6th amendment

Right to counsel

United States v. O'Brien Freedom of speech - symbolic speech

Said government can regulate excessive conduct if the regulation: 1. Falls within the constitutional power of the government 2. Is narrowly drawn to further a substantial government interest that is unrelated to the suppression of free speech 3. Leaves open ample alternative channels of communiation

Hazelwood school district v. Kuhlmeier Freedom of speech - student speech

Schools can regulate speech in school publications, theatrical productions, and other activities

Minersville school district v. Gobitis Free exercise clause

Schools can require students to salute the flag

Bethel school district v. Fraser Freedom of speech - student speech

Schools can suspend students for indecent speech at school events

Parochial schools

Schools operated by a church/religious group

4th amendment

Search and seizure

Which amendments in the Bill of Rights have not been incorporated?

Second, Third, Tenth, two judicial procedures in the Fifth and Seventh, the excessive bails and fines prohibition of the Eighth

5th amendment

Self-incrimination

Alien

Someone who lives in a county where he/she isn't a citizen

Commercial speech

Speech that has a profit motive

Bill of Rights

Stands as a written guarantee that government cannot abuse the rights of individuals

Lemon v. Kurtzman Freedom of religion

State aid to church schools must: 1. A clear secular, no religious purpose 2. It's main effect must neither advance not inhibit religion 3. must avoid "excessive government entanglement with religion"

Powell v. Alabama 6th amendment- right to cousel

State had to provide a lawyer in death penalty cases

Wolman v. Walter Freedom of religion

State provided busses could not be used for field trips

Everson v. Board of education Freedom of religion

States can pay for busing students to parochial schools

Fifth amendment

States that due process must be followed by the federal government

Near v. Minnesota Freedom of the press

Stressed free press means freedom from government censorship

Gratz v. Bollinger, Grutter v. Bollinger

Supreme courts struck down undergraduate practice of point system based on minority status but said race could be considered in admission to the law school

Edwards v. Aguillard Freedom of religion

Teaching creationism violates the establishment clause

Hispanics

The Sleeping Giant

Establishment clause

The actual creation of a religion-most cases dealt with aid to schools

DeJonge v. Oregon Freedom of assembly

The court determined freedom of assembly was just as important as free speech and free press

Student speech

The court limited this in schools

What two areas is freedom of religion divided?

The establishment clause and the free exercise clause

Human rights

The heart of the United States political system

Substantive due process

The laws THEMSELVES must be reasonable

Naturalization

The legal process by which someone who was not born in the U.S. Is granted citizenship

Civil rights

The policies extending basic rights to those historically subject to discrimination

Incorporation

The process by which the bill of rights was extended into the states and localities

Ordinary scrutiny

The standard most often applied by the courts that involves the rational-basis test

School

The type of newspaper that can be consoled before publication

Pure speech

The verbal expression of thought and opinion before an audience that has chosen to listen

Rational-basis test

Under this test, a law that treats some persons differently than others will not violate the equal clause if the government can show that it had a rational basis for the law

Regents of the university of California v. Bakke

Upheld affirmative action but outlawed quotas

Strict scrutiny

When a law is based on a suspect classification, such as race or national origin, the rational-basis test is not enough. The law will be subject to a much stricter standard

Heckler's veto

Where the public basically vetoes the free speech and assembly rights of unpopular groups by claiming their march/demonstration old result in violence

Self incrimination

You are not to be compelled to be a witness against yourself

Slander

defamatory speech that is spoken