Exam I Study Set
Roe v. Wade
(1973) legalized abortion on the basis of a woman's right to privacy
which amendments contribute to ensuring criminal due process?
-6th -4th -5th -8th
Which groups have historically lacked equality?
-Catholics -Women -Asian Americans
Since the 1950s, what has been the government's approach to free speech?
-Supreme Court has ruled that national security must truly be at risk before the government can limit speech -the Supreme Court has ruled that spoken words do not pose a true threat to national security, so Americans can speak their minds politically -not a single individual has been convicted solely for criticizing the government's war policies.
Constitutional convention used in most states
-an assembly of citizens who may propose general revisions to the state constitution
Under Article 4 of the Texas Constitution the executive branch consists of the
-comptroller of public accounts -governor -attorney general -lieutenant governor -commissioner of the general land office
Some general criticism that can be made of the Texas Constitution?
-constant change -overly long -unclear organization
The level of detail in the Texas Constitution is problematic because it
-contributes to the unwieldy length of the document -contributes to the necessity for constant changes to the constitution -makes the constitution too inflexible
Article 2 of the Texas Constitution
-discusses the separation of powers in Texas government -more explicitly refers to the separate checks on the branches of government than does the U.S Constitution
What are the tests Supreme Court applies to determine whether a punishment is cruel or unusual?
-disproportionate to the offence -fundamental standards of good conscience and fairness -unnecessarily cruel
Affirmative action policies have been used by _______ to expand opportunities for women and minority group members
-educational institutions -employers
Which of the following are included in the concept of equal rights or civil rights?
-equal access to public facilities -equal access to the opportunities society provides -the right of every person to equal protection under the law
what are the religious clauses in the first amendment?
-establishment clause -free exercise clause
What does the establishment clause of the constitution restrict?
-government from favoring one religion over another -government from supporting religion over no religion
Interstate Commerce Clause
-has been used to prohibit restaurants from being segregated by race -meaning and application have changed over time -meaning and application extends beyonds commerce
The imminent lawless action test
-has two criteria for speech advocating the unlawful use of force to be prohibited -says that speech must be likely to produce lawless action -says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action
According to today's statistics, Asian Americans are underrepresented in which of the following areas?
-holding high-level political office -holding the top position in corporations
Free Speech is usually protected in the United States unless it
-leads to imminent and lawless action -involves false commercial advertising claims -presents a clear and present danger
Article 5 of the Texas Constitution
-outlines the qualifications for judges in Texas -describes the judicial branch
The Texas Constitution of 1861
-prohibited the emancipation of slaves -essentially the same as the 1845 constitution -contained a provision to secede from the Union
Delegated and reserved powers of states?
-protect property rights -regulate banks and credit -conduct local, state, and national elections
Enumerated powers of the national government
-provide for copyrights for authors and inventors -coin and regulate money -develop roads and postal service
voter initiative
-requires the collection of a certain number of signatures with set time -the initiative process allows voters to propose changes to the state constitution -Texas does not have the initiative
The constitution of 1876
-restricted the powers of the legislature -reflected the traditionalistic/individualistic political culture of the state -reestablished many statewide and local elected offices
Article 4 of the Texas Constitution
-sets the length of governor's term -describes the executive branch
block grants
-state and local government is given discretion in how the funds are spent -money may be used for broad purposes
The current Texas constitution
-supports the idea of limited government -is in line with voter's desire for decentralization -is compatible with the political climate of the state
the 2nd amendment protects and supports
-the right to keep and bear arms -a well regulated militia
what are rights that gays and lesbians had to fight for?
-the right to openly enlist in the military -the right to have the same benefits as traditional couples
what constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona?
-the right to remain silent -the right to an attorney
why was the NSA's wiretapping of phone calls and email messages originating in the US, first revealed by the New York Times in 2005, controversial?
-the wiretapping was specifically prohibited by the Foreign Intelligence Surveillance Act -The wiretapping had been authorized by president George W. Bush without approval from the courts
The Due Process Clause requires states to
-treat all citizens equally -follow certain rules and procedures -provide protection for citizens in criminal proceedings
The inevitable discovery exception
-was developed in the case of Nix v. Williams (1984) -allows admission of tainted evidence in certain cases -states that exclusion of physical evidence that would have been found anyway has no effect on fairness of a trial
What devices did Southern states use to prevent African Americans from voting
-white only primaries -poll taxes -literacy tests
Sedition Act
1798 law that criminalized any speech or writings critical of the government, congress, or the president.
When did the current Texas Constitution become effective?
1876
What year were Native Americans considered citizens?
1924
Regents of the University of California v. Bakke
1978 Supreme Court declared affirmative action constitutional but invalidated the use of racial quotas.
Rostker v. Goldberg
1980 Gender classifications were to be scrutinized fr closely than others (ex: income or age) but were constitutionally valid if the government could clearly show why men and women should be treated differently (draft).
Of the 500 largest United States' corporations, less than __ are headed by women.
5%
According to recent statistics, over what percent of African American children will grow up in a single-parent household?
50
Brown v. Board of Education of Topeka
A 1954 case in which the Supreme Court ruled that "separate but equal" education for black and white students was unconstitutional
As part of what movement did advocates for women's suffrage become active on a large scale?
Abolitionist movement
Unitary Government
All functions centralized and controlled by the government.
Plessy v. Ferguson
An 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal(Separate but equal).
Where is the Bill of Rights in the Texas Constitution?
Article 1
Civil Rights Act of 1964
Barred racial discrimination in public accommodations and private employment.
in 2016 the Supreme Court ruled that police
COULD use an outstanding warrant for another offense as an excuse to apprehend a suspect for another unrelated offense
What was the result of the national boycott of California lettuce and grapes?
California passed a law giving migrant workers the right bargain collectively.
The Interstate Commerce Clause gives who has the exclusive power ti regulate commerce between the states?
Congress
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws -prohibits discrimination by government but not by private parties.
What year and case did the Supreme Court finally address the issue of how the 2nd amendment should be interpreted?
District of Columbia v. Heller (2010)
Prior to the decision in OBERGEFELL V. HOGES, advocates of gay marriage argued that Section 2 of the federal Defense of Marriage Act, which stated that no state must accept another state's definition of marriage, violated the ___ of the Constitution.
Full Faith and Credit Clause
19th Amendment (1920)
Gave women the right to vote
Under which Supreme Court case did part of the bill of rights FIRST become incorporated to apply to actions by the states?
Gitlow v. New York
Shelby v. Holder (2013)
Held that section 5 of the Voting Rights Act (1965) was unconstitutional because it did not respect the equal sovereignty of the states. The court found that the test established in 1965 was outdated and needed Congressional update.
During which case did the supreme court upheld the forced relocation of tens of thousands of Japanese Americans during WWII?
Korematsu v. United States
What minority group makes up the largest Hispanic population in the United States?
Meixcans
where are the majority of hispanic immigrants from?
Mexico and the Caribbean Islands.
What Supreme Court case is also known as the "Pentagon Papers" case?
New York Times Co. v. United States
Americans with Disabilities Act
Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commerical buildings.
Civil Rights Act of 1968
Prohibits discrimination in housing. A building owner cannot refuse to sell or rent housing because of a person's race, religion, ethnicity, or sex.
How did banks contribute to segregation?
Redlining refusing to grant mortgage loans in certain neighborhoods, typically those with large black populations.
McCulloch v. Maryland (1819)
Supreme Court provided a broad interpretation of the NECESSARY AND PROPER clause, giving Congress the authority to pass laws that it deemed appropriate so long as they are consistent with the letter and spirit of the Constitution.
District of Columbia v. Heller
Supreme Court rules that the 2nd amendment protects an individual's right o posses a firearm unconnected to service in a militia
Lau v. Nichols (1974)
The Court ruled that placing public school children for whom English is a second language in regular classrooms violates the Civil Rights Act because it denies them the opportunity to obtain a proper education.
USA Patriot Act
The Law passed by congress soon after the 9/11 attacks that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals.
Swann v. Charlotte Mecklenburg Board of Education 1971
The Supreme Court upheld the busing of children out of their neighborhoods for the purpose of achieving racially integrated schools.
Bill of Rights
The first ten amendments to the Constitution
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.
15th Amendment (1870)
U.S. cannot prevent a person from voting because of race, color, or creed. -granted African American men the right to vote
The Supreme Court has ruled that burning an American flag is
a protected form of symbolic speech.
What first made Dr. Martin Luther King Jr. a national symbol for the civil rights movement and earned him national media attention?
a year-long bus boycott in Montgomery, Alabama.
In the case of Korematsu v. United States, the courts
allowed government policies during wartime that would not be allowed in times of peace
Article 17 of the Texas Constitution
amending the Constitution
Voters have ___ most of the proposed amendments to the Texas Constitution.
approved
Asian Americans are more likely than other minority groups to be
college educated
In order for an affirmative action program to be upheld as constitutional, the Supreme Court requires that the government prove what kind of interest?
compelling or compelling government interest
Based on the current political culture of Texas, the constitution will likely
continue to be amended in a piecemeal process.
The exclusionary rule restricts the ability of
courts to admit illegally obtained evidence during a trial
Articles 9 and 16 of the Texas Constitution concern the
creation and structure of counties in the state.
In the past two decades most state legislatures have enacted stiffer
criminal penalties
Serving the United States in the fight against Nazism in WWII led African American soldiers to
demand their civil rights.
de jure discrimination
discrimination based on law
In a confederal system of government, power is
divided between a weal national government and strong, independently sovereign regional governments.
since the 1990s the number of federal and state prisoners has more than
doubled
The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as
due process protections
According to Article 5 of the Texas Constitution judges in Texas are
elected
Most state constitutions create a weak ___ branch and a strong ____ branch.
executive, legislative
Mapp v. Ohio
extended the constitutional protection against unreasonable search and seizure to action by state government
slander
false verbal statement about other people
public officials can usually be criticized freely without
fear the writer or speaker will have to pay for damages due to libel or slander
The First Amendment protection that makes it illegal for the government to enact laws that restrict the free prattle of religion by any individual is known as the
free-exercise clause
What freedom was incorporated with DeJonge v. Oregon
freedom of assembly
What freedom was incorporated into the states with Near v. Minnesota
freedom of press
What freedom was incorporated with Hamilton v. Regents, U of C
freedom of religion
What freedom was incorporated into the states with Gitlow v. New York
freedom of speech
USA Patriot Act Pt2
gave government increased authority to examine medical, financial, ad student records and increased surveillance of communications without a warrant or court order.
according to accomodationist doctrine
government can aid a religious organization so long as the aid is non-religious in nature and the government doesn't favor one religion over another
Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that
government generally cannot stop the news media from publishing a story.
Indian Bill of Rights 1974
grants Native Americans constitutional rights similar to those held by other Americans.
laws on libel and slander are based on the assumption that society
has an interest in encouraging media and citizens to express themselves freely
Which ethnic groups numbers have doubled in the past 20 years?
hispanics
______ are typically more protective of individual rights
judges
In all states, the ____ can propose changes to the state constitution.
legislature
who dictates the ballot wording of all constitutional amendments in Texas?
legislature
The 1845 statehood constitution provided for
limited executive authority
ThTexas Constitutions is one of the ___ state constitutions in the nation
longest
Cooperative Federalism
model of federal-state relations in which the federal government began to supply money to state and local governments to provide assistance to citizens
Many state constitutions provide ____ freedoms than the national constitution.
more
The federal-state relationship during the Nixon administration is referred to as
new federalism
Ballot wording in constitutional amendment elections is
often intentionally non instructive and misleading
the right of an individual to be left alone without any interference from others is known as the right to
privacy
Most state constitutional amendments are
proposed by the state legislature and approved by voters.
What are two steps involved in the constitutional amendment process of most states' constitutions?
proposing amendments and citizen approval
The Equal Protection Clause and Due Process Clause of the 14th amendment extend
protections of the Bill of Rights to the actions of state and local governments.
the 5th and 14th amendments
provide that nonperson can be deprived of life, liberty, or property without due process of law.
law enforcement officials sometime controversially rely on the practice of
racial profiling
In a federal system of government, power is
shared between the national and state governments.
the right to legal counsel is a ____ amendment protection.
sixth
the idea that individuals have inalienable rights and willingly submit to government to protect these rights is best descried as
social contract theory
the plain view exception
states that evidence is admissible when it it immediately visible in the course of stopping a person for another infraction
Article 6 of the Texas Constitution
suffrage
1963 Gideon v. Wainwright
supreme court established that the government must provide lawyers to individuals who cannot afford their own attorney
Syder v. Phelps (2011)
supreme court rules that the first amendment's protection of speech extended even to hate speech during the funerals of soldiers killed in action.
What has the Supreme Court protected nearly as vigorously as actual speech
symbolic speech
In 1977 Supreme Court ruled that the right of free assembly
takes precedence over the possibility that the exercise of the right might have undesirable consequences.
Zelman v. Simmons-Harris (2002)
tax supported school vouchers used to send children to private and religious schools were not a violation of the establishment clause.
All state constitutions contain articles relating to
taxation and finance
The Supreme Court decision in Schenck v. United States established which principle?
that the federal government can restrict free expression but that it does not have unlimited authority to do so.
In Hamden v. Rumsfeld supreme court ruled
that the use of secret military tribunals to try detainees accused of terrorism were UNCONSTITUTIONAL, as detainees were entitled to a trial affording all the guarantees contained in the Constitution.
which amendment protects individuals from testifying against themselves in a court of law?
the 5th amendment
What country has the largest prison population in the world on a per-capita basis
the United States
racial profiling
the assumption that certain groups of people are more likely to commit particular crimes
de facto discrimination
the condition whereby historically disadvantaged groups have fewer opportunities and benefits because of prejudice and economic circumstance, such as their inability to pay for a college education.
Lemon Test (Lemon v. Kurtzman)
the current standard used to determine whether the establishment clause has been violated
Today, most of the guarantees in the Bill of Rights are protected from action by
the federal and state governments.
Article 3 of the Texas Constitution refers to
the legislative branch
freedom of speech/expression is
the right of individual Americans to hold and communicate thoughts of their choosing.
the 2nd amendment protects
the right of the people to keep and bear arms.
Griswold v. Connecticut (1965) was a case dealing with
the right to privacy
Article 1, Section 8, grants Congress
the right to tax and spend to promote general welfare.
procedural due process
the set of procedures authorities must follow before a person can be lawfully punished for an offense
What are the 5th amendment rights of the accused?
trail by jury
In Texas, what is the legislature's role in proposing amendments to the state's constitution?
two-thirds of each house in the Texas legislature must propose constitutional amendments
In 1892 Congress suspended Asian immigration to the United States on the grounds that Asians:
were an inferior people
In Planned Parenthood v. Casey, the supreme court ruled that restrictions on abortion
were legal so long as they did not place undue burden on a woman's right obtain an abortion
Libel
written statement that harms a person's reputation