Gov Unit 3 Test
D A right to privacy is not clearly present in the Constitution, but the court has determined that it does exist.
What has the Supreme Court said about the right to privacy? A A right to privacy is clearly present in the Constitution. B A right to privacy is listed in the 6th Amendment as a protected right. C A right to privacy has been the goal of many lawsuits but has never been recognized by the Supreme Court of the United States. D A right to privacy is not clearly present in the Constitution, but the court has determined that it does exist.
Libel
a published false statement that is damaging to a person's reputation; a written defamation.
Dobbs v. Jackson
case regarding 14th Amendment Mississippi doctor challenged a law regarding a gestational age of 15 weeks abortion ban. Mississippi had not provided enough evidence to say that a fetus was alive at 15 weeks, so the law was overturned and this caused Roe to be overturned alongside it. The supreme court decided to overturn roe v. wade, since the constitution does not mention abortion.
Title XI (9)
outlawed gender discrimination in education and athletics
Griswold v. Connecticut
Case regarding the 14th Amendment A doctor was arrested for violating a law that banned contraceptives, by opening a birth control clinic. They challenged this twice. the supreme court found that the constitutional right to privacy allows people to use contraceptives.
Miranda v. Arizona: created miranda rights
Case regarding the 5th Amendment: self incrimination A man was arrested and interrogated involving a rape and kidnapping and he eventually confessed in a written statement, but his attorney was not present and he was not told his right to remain silent, so he appealed his sentence based on the 5th amendment. The supreme court decided that the man's interrogation and confession violated the 5th amendment, which created a nickname for the rights that are read to you.
Schneck v. US
Case regarding the First Amendment A man protested the draft by handing out leaflets telling people not to participate in the draft, in a peaceful manner. The man was charged with conspiracy to violate the espionage act. The supreme court upheld that the espionage act did not violate the first amendment Established clear and present danger in wartime.
obgerfell v hodges
Case regarding the equal protection clause and due process clause in the 14th Amendment Man wanted to get his Husbands death certificate, but was denied because of the fact that his marriage was never legal since it was a same sex marriage. Reversed the state Bans on same sex marriage.
B The value of "all men are created equal" was reaffirmed both in law and in American political culture.
I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed, "We hold these truths to be self-evident, that all men are created equal." I have a dream that one day on the red hills of Georgia, sons of former slaves and the sons of former slave-owners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. Which of the following explains the most significant long-term consequence of the ideas expressed in the passage? A The "separate but equal" doctrine was established as Constitutionally acceptable. B The value of "all men are created equal" was reaffirmed both in law and in American political culture. C African Americans migrated to the South in search of the American dream. D Congress passed an amendment to the United States Constitution to include the notion of equality in American law.
B The due process clause of the Fourteenth Amendment
In McDonald v. Chicago (2010), the United States Supreme Court held that the Constitution protects the right to keep and bear arms for the purpose of self-defense and that the Second Amendment applied to the states through which of the following constitutional clauses? A The due process clause of the Fifth Amendment B The due process clause of the Fourteenth Amendment C The equal protection clause of the Fifth Amendment D The equal protection clause of the Fourteenth Amendment
B Both cases upheld the power of the federal government to ensure equal protection under the law.
In the case Heart of Atlanta Motel v. United States (1964), the Supreme Court ruled that Congress had the power under the commerce clause to pass the Civil Rights Act of 1964. Which of the following explains how this case is similar to Brown v. Board of Education of Topeka (1954) ? A Both cases challenged the authority of Congress to pass legislation that addressed local segregation. B Both cases upheld the power of the federal government to ensure equal protection under the law. C Both cases decided that actions taken by the president to end segregation were unconstitutional. D Both cases were about the application of the Thirteenth Amendment to the states.
Americans with Disabilities Act
Public facilities must make reasonable accommodations and prevent people with disabilities from discrimination in the workplace
due process clause of the 14th Amendment
The part of an amendment that states everyone deserves fair treatment in the judicial system and established the rules and procedures that must be followed in the court
selective incorporation
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
6th Amendment
The right to a Speedy Trial by jury, representation by an attorney for an accused person (has to do with Gideon v. Wainwright)
right to privacy
The right to a private personal life free from the intrusion of government. (has to do with Roe and Dobbs)
B The due process clause of the Fourteenth Amendment
While a right to privacy is not explicitly named in the Constitution, what clause has the court used to protect this right from state infringement? A The due process clause of the Fifth Amendment B The due process clause of the Fourteenth Amendment C The equal protection clause of the Fifth Amendment D The equal protection clause of the Fourteenth Amendment
Equal Rights Amendment
a proposed amendment to the U.S. Constitution outlawing discrimination based on sex, but it was never ratified
Gideon v. Wainwright
case regarding the 14th amendment: due process and 6th Amendment: right to counsel A man was denied a lawyer for his breaking and entering case, so he was forced to represent himself and he was found guilty. He appealed this based on his right to a lawyer. The supreme court found, unanimously that the man was entitled to a lawyer no matter his offense.
Furman v. Georgia
case regarding the 8th and 14th amendment A man was burglarizing a home when the owners found him. He dropped his loaded gun while trying to flee and it went off and killed one of the owners. The man was sentenced to the death penalty, and he appealed this for being cruel and unusual punishment. The supreme court decided unanimously that the death penalty was cruel in this case.
West VA Board of Education v. Barnette
case regarding the first Amendment This state required salutes to the flag by teachers and students. Some students refused to salute to the flag and were sent home. The supreme court decided that the government could not force a singular opinion on a person, therefore could not force a person to salute to the flag.
Tinker v. Des Moines
case regarding the first amendment and freedom to protest Children came together in protest of the Vietnam war and wore black armbands as a symbol of revolt. They were sent home even though they caused no disturbances. The supreme court found that wearing a black armband, a symbol of symbolic protest, cannot be denied to anyone if it does not cause disturbance.
prior restraint
government censorship of information before it is published or broadcast
must prove that it is inherently suspect
how can you change a law based on it being discriminatory?
New York Times CO v. US
Case regarding first amendment The nixon administration tried to stop a publishing company from publishing classified materials regarding the Vietnam war, by saying they were protected by prior restraint due to national security. Supreme court decided unanimously that prior restraint was unjustified and the publishing company can publish the documents.
McDonald v. Chicago
what case had to do with selective incorporation?
Brown v. Board
what decision reversed Plessy v. Ferguson?
Bill of Rights
where are your civil liberties?
14th Amendment
1) Citizenship for African Americans, 2) Repeal of 3/5 Compromise, 3) Denial of former confederate officials from holding national or state office, 4) Repudiate (reject) confederate debts
Affirmative action
A program with the goal of providing more opportunities for groups that are historically discriminated against
Marbury v. Madision (1803)
The case that established the power of Judicial review, through checks and balances
Mapp v. Ohio
Case Regarding 4th Amendment: unlawful search and seizure A woman was searched for harboring a fugitive and the police found obscene materials and the police took them illegally. The police tried to use this evidence against her in court. The supreme court found that the use of the obscene materials in court was illegal.
Shaw v. Reno
Case regarding 14th Amendment equal protection clause States districts were redrawn with race in mind and catering to certain minorities to give them votes. the citizens challenged these unusually shaped districts, stating that the purpose of the districts was solely to sway votes. the supreme court decided that the districts were drawn unconstitutionally and would set a dangerous precedent if allowed.
Roe v. Wade
Case regarding 14th Amendment: due process and right to privacy A woman challenged a texas law making abortion illegal by saving that it infringed on her right to privacy and it is unconstitutionally vague. the supreme court found that the Constitution gives women a right to abortion.
Brown v. Board of Education
Case regarding 14th amendment African American students had been denied the right to go to a white school, which they challenged in court saying this violates the equal protection clause In a unanimous decision, the supreme court overturned the separate but equal idea and desegregated schools
civil rights
protections from discrimination by people or government
De Jure Segregation
segregation imposed by law (none left really)
De Facto Segregation
segregation that exists (social or economic for example) but is not in the law
Voting Rights Act of 1965
stated that the government cannot deny an individual the right to vote based on race, which outlawed discriminatory voting practices like literacy tests and poll taxes
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
2nd Amendment
Amendment about Right to bear arms
4th Amendment
Amendment about freedom from unreasonable searches and seizures Right to Privacy is not explicitly mentioned but implied (has to do with Griswold v. Connecticut)
24th Amendment
Amendment that Abolished poll taxes
15th Amendment
Amendment that gave African American men the right to vote (literacy tests and poll taxes were used after this to be discriminatory)
19th Amendment
Amendment that gave women the right to vote
Slander
False charges and malicious oral statements about someone
Age Discrimination act
Federal funds would be denied to institutions engaged in discriminating against people who are over 40
California v. Bakke
Case regarding 14th amendment equal protection clause A white man was denied from a medical school twice and blamed it on the fact that the school reserved 16 spots for minority students based on affirmative action. he challenged those spots saying they violated his equal protection the supreme court sided with the man saying affirmative action IS still legal but schools cant reserve spots for minorities
Engel v. Vitale
Case regarding 1st Amendment and establishment of religion A Public School in New York had a voluntary prayer at the beginning of each morning, and people challenged it saying that it was imposing on freedom of religion. Ruled all prayer in public schools is illegal.
Lemon v. Kurtzman
Case regarding 1st Amendment freedom of religion. Pennsylvania and Rhode Island decided that the state would provide funding for private schools non-secular subjects, and people challenged this saying it violated the separation of church and state. The supreme court sided and said it did violate the 1st Amendment.
Wisconsin v. Yoder
Case regarding 1st Amendment: freedom of religion. Amish community members tried to take their children out of school before the legal age of 16, and the parents were prosecuted for restricting their children's education. Parents appealed this. Supreme court decided that forcing their children to go to school violated their freedom to religion.
McDonald v. Chicago
Case regarding 2nd amendment and 14th amendment: equal protection clause A man wanted to keep his handgun for self defense, which his city would not allow, and he challenged it and said it violated his second amendment rights. the supreme court found that the 14th amendment of equal protection extends the second amendment rights to the states.
Malice
Desire to harm others
Clear and Present Danger
Government can interfere with speech if it will lead to evil or illegal acts, especially during wartime (has to do with schenck v. US)
equality of results
In the context of Affirmative action, citizens agree that equality of opportunity is good but not _______.
8th Amendment
No cruel or unusual punishment (has to do with Gregg v. Georgia)
exclsuionary rule
Rule that the evidence, no matter how incriminating, may not be used in trial if it is obtained illegally (created by Mapp v. Ohio)
The establishment clause
Stated that congress may not make laws regarding religion (has to do with Lemon v. Kurtzman and Engel v. Vitale)
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process (has to do with Miranda v. Arizona)
Civil Liberties
The name for Constitutional freedoms guaranteed to all citizens