POLS Ch.4 Exam
What were three areas where the Civil Rights Act of 1964 challenged race discrimination?
(1) Public Accommodations: (were quickly removed some of the most visible forms of racial discrimination (ex. signs defining "colored" and "white") (2) School Desegregation: (the act authorized the executive branch, through the justice department, to implement federal courts to desegregate schools.) (3) Outlawing Discrimination in Employment: (outlawed job discrimination by all private and public employers, including government agencies
What are the 4 categories of speech that fall outside the absolute guarantees of the First Amendment?
(1) libel and slander (2) obscenity and pornography (3) fighting words (4) commercial speech
What two novel approaches did affirmative policy take?
(1) positive or benign discrimination in which race or some other status is counted as a positive rather than a negative factor (2) compensatory action to favor members of the disadvantaged group who themselves may never have been the victims of discrimination.
What are the three interpretations of the Establishment Clause?
(Establisment Clause: The first amendment clause that says that "Congress shall make no law respecting an establishment of religion"; this law means that a "wall of separation" exists between church and state.) (1st interpretation) is that government is prohibited from establishing an official church. (2nd interpretation) is the view that the government may not take sides among competing religions but may provide assistance to religious institutions or ideas as long as it shows no favoritism. (3rd interpretation) the most commonly held view, is the idea of a "wall of separation" between church and state that cannot be breeched by government.
In 1986, the Supreme Court recognized two forms of sexual harassment:
(Form 1) The quid pro quo type, which involves an explicit or strongly implied threat that submission is a condition of continued employment. (Form 2) The hostile environment type, which involves offensive or intimidating employment conditions amounting to sexual intimidation.
What was the purpose of the NAACP?
(NAACP: National Association for the Advancement of Colored People) The purpose for the NAACP was to fight discrimination against African Americans. (It was the most important civil rights organization during the first half of the twentieth century.)
What are the individual rights found in the Fifth Amendment?
- the right to a "grand jury" (grand jury) -the right to "double jeopardy" (double jeopardy) -the right to remain silent / -the right to an attorney (to not self incriminate) -the right that the states government can take private property and use it for public use (eminent domain)
When was the right to posses a firearm for private use protected by the U.S. Supreme Court?
2008
When was the right to possess a firearm for private use protected by the U.S. Supreme Court applied to the states?
2010
Habeas corpus
A court order demanding that an individual in custody be brought into court and shown the cause for detention
Bill of attainder
A law that declares a person guilty of a crime without a trial
What is a shield law?
A law that protects journalist's from having to reveal confidential sources.
Strict scrutiny
A test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil right that places the burden of proof on the government rather that on the challengers to show that the law in question is constitutional
Libel
A written statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory"
The Fouth, Fifth, Sixth, and Eigth amendments, taken together, define A) due process of law B) free speech C) the right to bear arms D) civil rights or minorities E) freedom of religion
A) due process of law
In Mapp v. Ohio, the Supreme Court ruled that: A) evidence obtained from an illegal search could not be introduced in a trial B) the government must provide legal counsel for defendant who are too poor to provide for themselves C) persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefits of legal counsel D) the government has the right to take private property for public use if just compensation is provided E) a person cannot be tried twice for the same crime
A) evidence obtained from an illegal search could not be introduced in a trial
The process by which some of the liberties in the Bilof Rights were applied tot he states (or nationalized) is known as: A) selective incorporation B) judicial activism C) civil liberties D) establishment E) preemption
A) selective incorporation
____________________ ________________ also took the form of efforts by the agencies in the Department of Health, Education, and Welfare to shift their focus from "desegregation" to "Integration."
Affirmative action
Civil Liberties: Bill of Rights—> ??? —> Bill of rights to apply to all levels of government—> Civil Rights—> Civil Liberties
Amendment (Due Process Clause)
The movement of disabled achieved its greatest success with the passage of _______________ _____ _________________ _____ ___ __________, which guarantees quell employment rights and access to public businesses for the disabled and bars discrimination in employment, housing, and health care.
Americans with Disabilities Act of 1990
Prior restraint
An effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the United States, the courts forbid prior restraint except under the most extra ordinary circumstances
Slander
An oral statement made in "reckless disregard of the truth" that is considered damaging to the victim because it is "malicious, scandalous, and defamatory"
The Supreme Court's decision in Bakke v. Board of Regents was significant because: A) it stated that race can never be used as a factor in university admissions B) it stated that achieving diversity was "compelling public purpose" but a rigid quota system based on race was incompatible with the Fourteenth Amendment's equal protection clause C) it permitted quotas and separate university admission standards for members of minority groups D) it upheld the constitutionality of mechanical. Point systems that favor minority applicants in university admissions E) it declared that affirmative action policies would no longer be subject to strict scrutiny form the courts
B) it stated that achieving diversity was "compelling public purpose" but a rigid quota system based on race was incompatible with the Fourteenth Amendment's equal protection clause
Which of the following was not a way the Twenty-Fourth Amendment of 1964 and the Voting Rights Act of 1965 significantly extended and protected voting rights? A) barring literacy tests as a condition for voting in six southern states B) requiring all voters to register two weeks before any federal election C) making it a crime to interfere with voting D) abolishing the poll tax E) providing for the replacement of local registrars in counties designated as significantly resistant to registering eligible black voters
B) requiring all voters to register two weeks before any federal election
When did civil rights become part of the Constitution? A) in 1789 at the Founding B) with the adoption of the Fourteenth Amendment in 1868 C) with the adoption of the Nineteenth Amendment in 1920 D) in the 1954 Brown v. Board of Education case E) with the passage of the 1964 Civil Rights Act
B) with the adoption of the Fourteenth Amendment in 1868
Why was it necessary for Congress to enact the Lily Ledbetter Fair Pay Act of 2009? (The case, Ledbetter v. Goodyear Tire and Rubber Co., involved a female supervisor named Lily Ledbetter, who learned late in her career that she was being paid up to 40 percent less that male supervisors, including those with less seniority. Led better filed a grievance with the EEOC, charging sex discrimination. The Supreme Court denied her claim, ruling that, according to the law, workers must file their grievance 180 days after the discrimination occurs. Many observers found the ruling unfair because workers often do not know about pay differentials until well after the initial decision to discriminate has been made.)
Because it gave workers expanded rights to sue in cases such a Ledbetter's, when an employee learns of discriminatory treatment well after it started.
Why were Asian American and Latino organizations opposed to the Immigration Reform and Control Act of 1986?
Because it imposed sanctions on employers who hire undocumented workers. Such sanctions, they feared, would lead employers to discriminate against Latinos and Asian Americans.
Civil Liberties: ???—> 14th Amendment (Due Process Clause)—> Bill of rights to apply to all levels of government—> Civil Rights—> Civil Liberties
Bill of Rights
Civil Liberties: Bill of Rights —> 14th Amendment (Due Process Clause) —> ??? —> Civil Rights—> Civil Liberties
Bill of rights to apply to all levels of government (National Government, State Government, Local Government)
_____________ v._ ______________ __ _______________ withdrew all constitutional authority to use race as a criterion for exclusion, and it signaled more clearly the Court's determination to use the strict scrutiny test in cases related to racial discrimination
Brown v. Board of Education
Civil Liberties: Bill of Rights —> 14th Amendment (Due Process Clause)—> Bill of rights to apply to all levels of government—> Civil Rights —> ???
Civil Liberties
Civil Liberties: Bill of Rights —> 14th Amendment (Due Process Clause)—> Bill of rights to apply to all levels of government—> ??? —> Civil Liberties
Civil Rights
In McDonald v. Chicago, the Supreme Court ruled that: A) states can require citizens to own firearms B) federal grants can be used to support the formation of state malitias C) felons can be prevented from purchasing assault rifles D) the Second Amendment applies to states as well as the federal government E) the Second Amendment applies only to the federal government and not to states
D) the Second Amendment applies to states as well as the federal government
"Separate But Equal" Rule
Doctrine that public accommodations could be segregated by race but still be considered equal.
In which case did the Supreme Court rule that state governments no longer had the authority to make private sexual behavior a crime? A) Webster v. Reproductive Health Services B) Gonzales v. Oregon C) Lawrence v. Texas D) Bowers v. Hardwick E) Texas v. Johnson
E) Texas v. Johnson
Which of the following protections are not contained in the First Amendment? A) the establishment clause B) the free exercise clause C) freedom of the press D) the right to peaceably assemble E) freedom from unlawful search and seizures
E) freedom from unlawful search and seizures
Which of the following rights was not included in the original Constitution? A) prohibition of bills of attainder B) prohibition of ex post facto laws C) guarantee of habeas corpus D) guarantee of trial by jury in state E) prohibition of warrantless search and seizure
E) prohibition of warrantless search and seizure
The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate or restrict speech is called: A) judicial restraint B) judicial activism C) habeas corpus D) prior restraint E) strict scrutiny
E) strict scrutiny
After the Civil War, the US Supreme Court began applying the Bill of Rights to states and local governments. Amendment 1— Religious Freedom
Establishment Clause & Free Exercise Clause— Should all religious practices be accepted?
How did the Brown v. Board of Education alter the constitutional framework in two fundament ways?
First, the states no longer had the power to use race as criterion of discrimination in law. Second, the national government from then on had the power to intervene with strict regulatory policies against the discriminatory actions of state and local governments, school boards, employers, and many other in the private sector.
Affirmative action
Government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of these groups with access to educational and employment opportunities
When were bilingual ballots and oral assistance for individual voting mandated?
In 1970 bilingual ballots and oral assistance for individual voting was mandated.
Van Orden v. Perry (2005) U.S. Supreme Court decision:
In Van Orden v. Perry, the Court decided by a 5-4 margin that a display of the Ten commandments at the Texas State Capitol did not violate the Constitution. (The difficulty in defining what religious establishment means is evident from two cases in 2005 involving government-sponsored displays of religious symbols. In Van Orden v. Perry, the Court decided by a 5-4 margin that a display of the Ten commandments at the Texas State Capitol did not violate the Constitution. However, in McCreary v. ACLU of Kentucky, decided at the same time and also by a 5-4 margin, the Court determined that a display of the Ten Commandments inside two Kentucky courthouses was unconstitutional. Justice Stephen Breyer the swing vote in the two cases, said that the displays in Van Orden had a secular purpose, whereas the displays in McCreary had a purely religious purpose.
In Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, what did the court rule?
In a unanimous 8-0 decision, the Court held that the government failed to prove a compelling interest in regulating the UDV's use of drugs for religious purposes. (Writing for the Court, Chief Justice John Roberts rejected the governments argument that the controlled substances act could accommodate no exceptions. On the contrary, Justice Roberts wrote, the Court is required by the RFRA to examine individual religious freedom claims and grant exceptions to generally applicable laws where no compelling argument interest can be shown.)
After the Civil War, the US Supreme Court began applying the Bill of Rights to states and local governments. Amendment 1— Freedom of Assembly
Individual right or ability of people to come together and collectively express, promote, pursue, and defend their ideas. The right to freedom of association is recognized as a human right, a political right and a civil liberty. Allowed by permits (Restrictive?)
What is the purpose of the 1973 Rehabilitation Act?
It outlawed discrimination against individuals on the basis of disabilities.
Grand jury
Jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused' guilt or innocence
The _______ decision established the right of Native Americans to be taught in their own languages.
Lau
Ex post facto laws
Laws that declare an action to be illegal after it has been committed
De jure
Legally enforced practices, such as school segregation, in the south before the 1960s
McCreary v. ACLU (2005) U.S. Supreme Court decision:
McCreary v. ACLU of Kentucky, decided at the same time and also by a 5-4 margin, the Court determined that a display of the Ten Commandments inside two Kentucky courthouses was unconstitutional. (The difficulty in defining what religious establishment means is evident from two cases in 2005 involving government-sponsored displays of religious symbols. In Van Orden v. Perry, the Court decided by a 5-4 margin that a display of the Ten commandments at the Texas State Capitol did not violate the Constitution. However, in McCreary v. ACLU of Kentucky, decided at the same time and also by a 5-4 margin, the Court determined that a display of the Ten Commandments inside two Kentucky courthouses was unconstitutional. Justice Stephen Breyer the swing vote in the two cases, said that the displays in Van Orden had a secular purpose, whereas the displays in McCreary had a purely religious purpose.
Civil rights
Obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies and of other private citizens
After the Civil War, the US Supreme Court began applying the Bill of Rights to states and local governments. Amendment 1— Political Speech
Political opinion - what can I say or not say? Workplace - what should be tolerated?
De facto
Practices that occur even when there is no legal enforcement
After the Civil War, the US Supreme Court began applying the Bill of Rights to states and local governments. Amendment 1— Right to Privacy
Protests go to far? (Violate another person's privacy)
Equal protection clause
Provision of the Fourteenth Amendment guaranteeing citizens "the equal protection of the laws"; this clause has served as the basis for the civil rights of African Americans, women, and other groups.
_______________ _________________ in the guise of the separate but equal doctrine persisted for decades following Plessy v. Ferguson.
Racial inequality (in the infamous case of Plessy v. Ferguson (1896), the Court went still further by upholding a Louisiana statute that required segregation of the races on trolleys and other public carrier. The "separate but equal" rule that prevailed thought the mid-twentieth century. People generally pretended that segregated accommodations were equal as long as some accommodation for blacks existed. Thus, racial inequality in the guise (form) of the the separate but equal doctrine persisted for decades.)
The right to privacy was confirmed and extended in 1973 in the most important of all privacy decisions, and one of the most important and controversial Supreme Court decisions in American history:
Roe v. Wade (This decision established a woman's right to seek an abortion and prohibited states from making abortion a criminal act prior to the point at which the fetus becomes viable, which, in 1973, was the twenty-seventh week.)
"Clear and Present Danger" Test
Test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society.
Brown v. Board of Education
The 1954 Supreme Court decision that struck down the "separate but equal" doctrine as fundamentally unequal; this case eliminated state power to use race as a criterion for discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions.
_________________ _________________ in the North as well as in the South remained as a consequence of racially segregated housing patterns that were untouched by the 1954-55 Brown principles
School segregation
What is speech plus?
Speech accompanied by conduct or physical activity such as sit-ins, picketing, and demonstrating.
Fighting words
Speech that directly incites damaging conduct
What is the difference between substantive liberties and procedural liberties?
Substantive liberties: put limits on WHAT government shall and shall not have the power to do (ex. such as establishing a religion, quartering troops in private homes w/out consent, or seizing private property w/out just compensation) Procedural liberties: Are restraints on HOW the government is suppose to act
How did the U.S. Supreme Court decide on 2012 in the legal battle between Arizona and the national government involving Arizona's 2010 immigration law?
The Court struck down three parts of the Arizona law on the grounds that they preempted responsibility. These included the provision that immigrants carry identity papers, that undocumented immigrants cannot apply for jobs, and that police can stop persons they suspect of being undocumented immigrants.
How was affirmative action initiated in the are of employment?
The EEOC (Equal Employment Opportunity Commission) has often required plans whereby employers must attempt to increase the number of minority employees, and the Department of Labor has used the threat of contract revocation for the same purposes.
Double jeopardy
The Fifth Amendment right providing that a person cannot be tried twice for the same crime
Free exercise clause
The First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses
Establishment clause
The First Amendment clause that says that "Congress shall make no law respecting an establishment of religion"; this law means that a "wall of separation" exists between church and state.
Exclusionary Rule
The ability of courts to exclude evidence obtained in violation of the Fourth Amendment.
What did the U.S. Supreme Court decide in Lawrence v. Texas?
The case overturned a Texas law banning certain sexual acts among same sex partners. The court concluded "petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime.
How did the U.S. Supreme court rule in: Morse v Frederick (2007)?
The court held that a principle did not violate a student's free speech rights by suspending him for displaying a banner proclaiming "BONG HITS FOR JESUS." The decision affirmed that the school officials can censor students speech that advocates or celebrates the use of illegal drugs.
U.S. Supreme Court: Obergefell v. Hodges (2015), how did the court rule?
The court ruled that the Constitution's equal protection clause and the Fourteenth Amendment's due process clause guarantee same-sex couples the right to marry in all states and required states to recognize same-sex marriages performed in other jurisdictions.
Bill of Rights
The first ten amendments of the U.S. Constitution
Selective Incorporation
The process by which different protections in the Bill of Rights were incorporated into the 14th amendment, thus guaranteeing citizens protection from state as well as national governments.
Due Process of Law
The right of every citizen against arbitrary action by national or state governments.
Eminent domain
The right of government to take private property for public use
Town of Greece v. Galloway (2014)
U.S. Constitution—Amendment 1 (Establishment Clause) (The town of Greece, New York, is governed by a five-member town board that conducts official business at monthly public meetings. Starting in 1999, the town meetings began with a prayer given by an invited member of the local clergy. The town did not adopt any policy regarding who may lead the prayer or its content, but in practice, Christian clergy members delivered the vast majority of the prayers at the town's invitation. In 2007, Susan Galloway and Linda Stephens complained about the town's prayer practices, after which there was some increase in the denominations represented. In February 2008, Galloway and Stephens sued the town and John Auberger, in his official capacity as Town Supervisor, and argued that the town's practices violated the Establishment Clause of the First Amendment by preferring Christianity over other faiths. The district court found in favor of the town and held that the plaintiffs failed to present credible evidence that there was intentional seclusion of non-Christian faiths. The U.S. Court of Appeals for the Second Circuit reversed and held that the practices violated the Establishment Clause by showing a clear preference for Christian prayers.) 5-4 DECISION FOR TOWN OF GREECE MAJORITY OPINION BY ANTHONY M. KENNEDY The prayers at the town hall meetings did not violate the Establishment Clause.
McCullen v. Coakley (2014)
U.S. Constitution—Amendment 1 (Right to Assemble)—"Public Forum Doctrine" (In 2009, the Massachusetts state legislature created a 35-foot buffer zone around the entrances, exits, and driveways of abortion clinics. The petitioners, individuals who routinely engage in "pro-life counseling" outside of state abortion clinics, sued in federal district court and argued that the law violated the First Amendment protection of free speech. The district court held that, although the law placed a restriction on the time, place, and manner of speech, the law was constitutional because it was content-neutral and still left adequate, if not perfect, alternative means of communications. The U.S. Court of Appeals for the First Circuit affirmed and held that the Supreme Court, in Hill v. Colorado had already affirmed a similar statute in Colorado that prohibited certain activities within 100 feet of abortion clinics.) UNANIMOUS DECISION FOR MCCULLEN MAJORITY OPINION BY JOHN G. ROBERTS, JR. The First Amendment prohibits laws restricting speech surrounding abortion clinic locations. Protesters have a right to exercise their freedom of speech to the clinic clients.
Riley v. California (2014)
U.S. Constitution—Amendment 4 (Unlawful Search & Seizures) The Supreme Court decided unanimously that police need a warrant to search a suspect's cellphone in a unanimous decision. Chief Justice John Roberts wrote: "Modern cell phones, as a category, implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet, or a purse."
Ernest Dewayne Jones v. Kevin Chappell (2014)
U.S. Constitution—Amendment 8 (Cruel & Unusual Punishment) California has placed hundreds of individuals on death row, but has not executed a prisoner since 2006. About 40% of California's 748 death row inmates have been there more than 19 years. California voters affirmed the death penalty by the narrow margin in 2014 with 52% of the voters supporting the death penalty. The death penalty has been under a moratorium in the state in 2006, when a US federal district judge ordered changes in the states execution methods. In 2008, the chief justice of the California Supreme Court called the judicial system for handling appeals in capital cases (such as murder) as "dysfunctional." A state appointed commission reached a similar conclusion that year, stating the system was "plagued with excessive delay" in appointing lawyers in reviews of appeals and petitions before the State Supreme Court. In 1992, Jones was found guilty of the rape and murder of Julia Miller, his girlfriend's mother. Jones killed Miller 10 months after being paroled for a previous rape. Jones was condemned to death by the state of California on April 7, 1995. He remains on death row today, awaiting execution, but without any certainty as to when, or whether it will actually come. Consequently, he sued the San Quentin Warden because of the excessive delay in his execution. US federal district court judge ruled the death penalty systems inordinate and unpredictable delays allowed for arbitary factors to determine whether an inmate will be executed and is therefore unconstitutional.
Do individuals have constitutional protections from government in the following actions? Burn American flag: yes or no
Yes
Do individuals have constitutional protections from government in the following actions? Display a Communist flag: yes or no
Yes
Do individuals have constitutional protections from government in the following actions? Display political signs of military funerals: yes or no
Yes
Civil liberties
areas of personal freedom constitutionally protected from government interference
Today in the United States, we often take for granted the liberties contained in the first 10 amendments to the Constitution, known as the _______________________
bill of rights
____________ ____________ are protections of citizens from improper government action
civil liberties
___________ ___________ refers to obligations imposed on government to take positive action to protect citizens from any illegal actions by government agencies and by other private citizens.
civil rights
The right to counsel extends beyond serious crimes to any trial, with or without a jury, that holds the possibility of _____________________.
imprisonment
The best-known procedural rule is that an accused person is _______________ _______________ ____________ _________________ ________________.
presumed innocent until proven guilty
The doctrine of ____________ ____________ places a heavy burden of proof on the government if it seeks to regulate or restrict speech.
strict scrutiny
The purpose of the Fourth Amendment is ____________________________________________________________________________.
to guarantee the security of citizens against unreasonable searches and seizures