GOVT 2306 Exam 2 Review

Equal Rights Amendment (ERA)

constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender

fighting words

Fighting words are spoken words directed to the person of the hearer which would have a tendency to cause acts of violence by the person

hate speech

any communication that belittles a person or group on the basis of characteristics

United States v. Wong Kim Ark

A Supreme Court ruling awarding citizenship to children of Chinese immigrants born on American soil.

Chinese Exclusion Act

(1882) Denied any additional Chinese laborers to enter the country while allowing students and merchants to immigrate.

Lau v. Nichols

(1974) The failure of San Francisco schools to provide English-language instruction to approximately 1,800 students of Chinese ancestry who do not speak English, or to provide them with other adequate instructional procedures, denies them a meaningful opportunity to participate in the public education program, and thus violates the Civil Rights Act of 1964 and the 14th A.

protections from cruel and unusual punishment

8th amendment: This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants

pornography and obscenity

- Not automatically protected by 1st Amendment - Violates "community standards" - Lacks artistic or political value - Depicts sex in an offensive manner

Contrast the differences between the way the Bill of Rights deals with religious liberty in the establishment clause versus the free exercise clause.

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Why is student speech more restricted that other members of the public?

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Hernandez v. Texas

A 1954 Supreme Court decision that extended protection against discrimination to Hispanics.

Regents of the University of California v. Bakke

A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race.

Plessy v. Ferguson

A Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal Separate but equal

What are the three factors that made up the "Lemon Test" and in what situations could the government offer assistance to religious organizations or programs?

1) The law must have a secular legislative purpose 2) Its primary effect must neither advance nor inhibit religion 3) It must not foster excessive government entanglement with religion

Korematsu v. United States

1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 to each survivor.

Sweatt v. Painter

1950 separate but equal formula generally unacceptable in professional schools

Executive Order 9066

2/19/42; 112,000 Japanese-Americans forced into camps causing loss of homes & businesses, 600K more renounced citizenship; demonstrated fear of Japanese invasion

protections from double jeopardy

A clause in the 5th amendment through the 14th amendment. One cannot be tried for the same charge twice.

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government 6th Amendment

Describe the concept of massive resistance and its real world impacts on the implementation on desegregation efforts

A policy adopted in 1956 by Virginia's state government to block the desegregation of public schools mandated by the U.S. Supreme Court in its 1954 ruling in the case of Brown v. Board of Education

Title IX of the Education Amendments of 1972

A provision of the 1972 Educational Amendments that prohibits sex discrimination in any educational program receiving federal financial assistance.

24th Amendment

Abolishes poll taxes

13th Amendment (1865)

Abolition of slavery w/o compensation for slave-owners

What do the Fourth, Fifth, Sixth, and Eighth Amendments have in common?

Amendments 4-8 all check the power of the judiciary branch.

Heller v. District of Columbia

An individual's 2nd amendment rights are enforceable against the states through the 14th amendment

What was the difference between the outcomes of the religious liberty cases in Van Orden v. Perry and McCreary County v. American Civil Liberties Union of Kentucky?

Both cases were cases fighting against the Establishment Clause of the First Amendment in which there were monuments depicting the 10 commandments. The difference between them was that in Texas, the monument was at a public park whereas in Kentucky the monument was inside of a courthouse.

Why is the Brandenburg v. Ohio case significant?

Brandenburg v. Ohio is significant because it introduced the direct incitement test and involves hate speech/fighting words. This was a nazi saying that all black people should be killed, but since he didn't say that he would or telling people to do something, he passed the direct incitement test.

14th Amendment (1868)

Citizenship to everyone born in the U.S.

What is the difference between civil liberties and civil rights?

Civil liberties are the freedoms guaranteed to Americans by the Constitution, primarily by the Bill of Rights. Civil Rights are the rights of citizens that cannot be denied by a group or individual society.

Don't Ask Don't Tell

Clinton managed to gain support for a compromise measure under which homosexual servicemen and servicewomen could remain in the military if they did not openly declare their sexual orientation

commercial speech

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.

Loving v. Virginia

Court case that declared all laws against interracial marriage unconstitutional

Bowers v. Hardwick

Court ruled that the constitution did not protect the practice of sodomy between homosexuals, and that the states could ban sodomy.

Contrast de jure and de facto segregation

De jure segregation is segregation based on law while de facto is based on facts or reality such as segregation at a prom dance (public)

Windsor v. US

Declared DOMA unconstitutional but did not establish the right for same-sex couples to marry. They could now file joint tax returns, claim each others' SS, and have military benefits.

Windsor v. United States

Declared the Defense of Marriage Act unconstitutional -Denying federal recognition of same sex marriage is a violation of the due process clause

Defense of Marriage Act (DOMA)

Defines marriage as man-woman. No state is forced to recognize same-sex marriage

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court) 14th amendment

19th Amendment (1920)

Gave women the right to vote

Explain the protections that were already included in the Constitution prior to the Bill of Rights: habeas corpus, no bills of attainder, etc.

Habeas Corpus - The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. No bills of attainder - The constitutional ban on bills of attainder works to uphold separation of powers principles by preventing Congress from assuming the functions of the judicial branch.

How are libel and slander different and why are they so difficult to prove in court?

Libel and slander both are ways to damage someone's career with false information, however libel is written while slander is oral.

right to due process

If people believe their rights are being violated, they have the right to a fair and impartial hearing.

What is the Southern Manifesto?

In 1956, about 100 southern members of Congress pledged to oppose the Brown ruling through all "lawful means", on the ground that the Court had misinterpreted the Constitution.

protections from self-incrimination

Is given by the 5th amendment through the 14th amendment The refusal to answer questions, refuse to make potentially incriminating statements, or refuse to testify at a trial in any criminal case. (Miranda Rights)

In what ways is the Fourteenth Amendment different from all of the previous amendments that had been made to the Constitution?

It enforced the bill of rights on states and included previous slaves.

Americans with Disabilities Act (ADA)

Legislation passed in 1990 that prohibits discrimination against people with disabilities. Under this Act, discrimination against a disabled person is illegal in employment, transportation, public accommodations, communications and government activities.

What are the concepts of the "exclusionary rule" and "fruit of the poisoned tree?"

No illegally obtained evidence may be used in a court of trial. Mapp v. Ohio is the case for this rule.

establishment clause

Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion." No favoring religions in creating laws.

Lawrence v. Texas

People can do the deed for fun

unreasonable search and seizure

Protection granted by the Fourth Amendment for people to be free from unreasonable search and seizure by the government. An example would be a cop coming into your house to find evidence without a warrant.

Shelley v. Kraemer

Racially restrictive housing covenants cannot legally be enforced

How has the idea of a right to privacy dramatically changed in recent history?

Right to privacy in the bedroom (Griswold v. Connecticut, Lawrence v. Texas, Roe v. Wade) Technological rights to privacy (Social media companies' TOS such as facebook, instagram, tiktok)

What kinds of issues fall under the protections of a right to privacy as we understand it today?

Roe v. Wade What all constitutes my privacy?

Explain the significance of the "clear and present danger" test on determining if speech lacks protection?

Schenk v. U.S Yelling "There's a fire" does not pass the clear and present danger test because it causes chaos in a confined space and describes a clear and present danger.

Why are Facebook, Twitter, Instagram, Snapchat, and other social media platforms not required to honor the same level of free speech protections? What is it that so many people get wrong when criticizing these companies for their rules about the kinds of permissible speech on the platforms?

Social media companies are private companies and can ultimately do what they want with the data they receive from their clients. The problem is these private companies sell user's information to the government.

What is the concept of "speech plus" and what kinds of historic examples are there?

Speech plus is public speech with added action like picketing which is protected by the 1st amendment's freedom of speech.

Shelby County v. Holder

States and localities do not need federal approval to change voting laws.

Obergefell v. Hodges

States obligated to recognize same-sex marriage from other states.

Timbs v. Indiana

Supreme Court defined the Eighth Amendment's excessive fines clause as an incorporated protection applicable to the states under the 14th Amendment's due process clause

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

Scott v. Sanford

The 1857 Supreme Court decision ruling that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories.

Gitlow v. New York

The 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as by the federal government.

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.

How does the Due Process Clause from the Fourteenth Amendment differ from the Due Process Clause of the Fifth Amendment?

The 5th amendment applies to federal action while the 14th amendment applies to state action.

right to a speedy trial

The 6th amendment: One is given a public trial without delay.

What are the protections currently from the death penalty, according to the Supreme Court?

The 8th amendment is the gatekeeper for the death penalty, however in Furman v. Georgia this amendment was used to overturn a death penalty.

New York Times (NYT) v. United States

The Court established a "heavy presumption against prior restraint," even in cases involving national security. This means that the Court is very likely to find cases of government censorship unconstitutional.

What is the Doctrine of Selective Incorporation? Give examples of who it works and has been used in our history.

The Court has held on a case-by-case basis that many of the provisions of the Bill of Rights limit state government action. A person's freedom of speech and freedom of religion, guaranteed in the First Amendment, applies to the states. Gitlow v. New York is a good example of this.

Explain how a right to privacy came to be understood as existing in the Bill of Rights

The Court used the personal protections expressly stated in the First, Third, Fourth, Fifth, and Ninth Amendments to find that there is an implied right to privacy in the Constitution. Griswold v. Connecticut is a great case for right to privacy

What was the Equal Rights Amendment (ERA) and why did it fail to be ratified?

The ERA was an amendment to equalize men and women, however a conservative backlash of women caused there to be enough discourse for it to fail

free exercise of religion

The First Amendment guarantee that individuals are free to choose religious beliefs and practice them as they see fit or not to practice any religion at all. (free exercise clause)

Brown v. Board of Education

The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Bostock v. Clayton County, Georgia

The Supreme Court upheld that the Civil Rights Act protects employees against discrimination based on their sexual orientation or gender identity.

Tinker v. Des Moines

The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption

What is the most recent portion of the Bill of Rights to be applied to the states through selective incorporation?

The due process clause

What is the function of a grand jury?

The function of a grand jury is to examine the evidence against the accused to determine if there is enough evidence to have them bound over for trial. (Exclusionary rule is in effect here)

What is the "marketplace of ideas" as imagined by Justice Oliver Wendell Holmes?

The marketplace of ideas holds that the truth will emerge from the competition of ideas in free, transparent public discourse and concludes that ideas and ideologies will be culled according to their superiority or inferiority and widespread acceptance among the population.

just compensation / takings clause

The portion of the 5th amendment that requires when the government uses its power to force a private party to give up a property interest, fair market value should be paid

McDonald v. Chicago

The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.

right to petition for redress of grievances

The right to complain to the government and/or request that the government address a particular issue; guaranteed by the 1st Amendment

Significance of the 13th, 14th, and 15th amendments to civil rights and the impacts on the balance of power between the states and the national government.

These amendments combined gave voting rights to more than half of the citizens in the U.S. The 14th amendment gave liberties to the state level and introduced many important clauses such as the due process clause, citizenship clause, and the equal protection clause.

Why is it largely agreed that the Bill of Rights is misnamed?

They are a list of liberties

Why were the Federalists opposed to adding a Bill of Rights to the Constitution?

They believed no list could be complete, so no list at all would be best. Also they believed the constitution already limited the government enough, so it was unnecessary.

Though a large majority of Americans favor gun reform, there has been no significant change in gun laws, even though there have been large numbers of high-casualty mass shootings in recent history. Why?

This is because while gun reform is something most of the population say they want change for, they dont ACTUALLY want change for it, as gun reform is ranked at an average of 20th for what the population want changed.

DREAM Act

This legislation would provide illegal immigrants who came to the US when they were under the age of 16 graduate from American high schools with a conditional path to citizenship if they spend two years in college or do military service

So many of the individuals who are named in the landmark Supreme Court cases about civil liberties would be considered "bad people," why does this make their cases even more important when we consider the outcomes of their cases?

This makes their cases even more important because they set a prime example of why we need the civil liberties that were implemented as a result of their case. Although they were terrible people (Miranda, Brandenburg, etc.) they brought upon monumental liberties to the citizens.

Affirmative action programs in hiring for government jobs and positions with government contractors as well as in admission to public universities were created for what purposes? To help whom? Which group has been the largest benefactor of the programs?

This was to help minorities obtain jobs without discrimination (Title VII of the Civil Rights act of 1964)

Lilly Ledbetter Fair Pay Act

U.S. act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.

15th Amendment (1870)

U.S. cannot prevent a person from voting because of race, color, or creed

Heart of Atlanta Motel v. US

Unlawful for the Heart of Atlanta Motel to discriminate its patrons based on race

When it comes to sexual harassment, what are the two forms that are recognized in the law according to the Supreme Court? Describe.

Unwelcome sexual advances and requests for sexual favors. This is nonconsensual and crosses the boundaries of their right to privacy.

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage

Explain the significance of each of the following clauses of the Fourteenth Amendment: a) Citizenship Clause b) Due Process Clause c) Equal Protection Clause

a) All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside b) No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property c) All citizens of the United States shall be protected equal regardless of race, sex, or anything.

Deffered Action for Childhood Arrivals (DACA)

executive order implemented by President Obama, which shielded certain undocumented immigrants from deportation if they were enrolled in school, had no criminal records, and were making educational progress

Title VII of the Civil Rights Act of 1964

forbids discrimination in all areas of the employment relationship

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

Dobbs v. Jackson Women's Health

overturned roe v wade

Fair Housing Act

prohibited discrimination in renting or selling houses

Mendez v. Westminster

segregation of Mexican students violated equal protection clause of 14th amendment

Why is political speech afforded nearly unquestioned protections and granted a level of protection known as "strict scrutiny" when cases are brought before the Supreme Court?

students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." (Tinker v. Des Moines)

Kennedy v. Bremerton School District

supreme court sided with a public-school football coach who demanded the right to pray with his players after games at the 50-yard-line. The decision significantly erodes the separation of church and state in public schools

Near v. Minnesota

the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint. - Prior restraint is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression.

right to bear arms

the idea in the Second Amendment that people have an individual right to own and carry weapons

What is eminent domain? What rules apply in situations involving eminent domain?

the right of a government or its agent to expropriate private property for public use, with payment of compensation. 2 rules involved are: 1) Fair and just compensation must be given 2) The property must be used for the public's greater good

freedom of the press

the right of journalists to publish the truth without restriction or penalty

freedom of assembly

the right to hold meetings and form groups without interference by the government; guaranteed in the First Amendment

free speech

the right to say our opinions, in public or in private, without fear of being stopped or punished by the government for those ideas