Chapter 4 and 5 AP Gov

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Roth v us

"utterly without redeeming social importance" has to do with the first amendment and obscenity

Gideon v. Wainwright

(6th amendment)sets precedent for counsel. Not a capital crime nor did it involve 'special circumstances'. Led to Betts v. Brady decision being overturned Has led to costing the courts millions of dollars per year

Bradwell v illinois

- Myra Bradwell passes Illinois bar exam but is denied admission to the Illinois Bar

Mexican American Legal Defense and Educational Fund

MALDEF stands for...

fighting words

Since the decision in Chaplinsky v. New Hampshire (1942), this type of utterance which includes profanity, obscenity and threats is subject to regulation by federal and state governments.

muller v oregon

State Law limiting women to 10 hour work days

Plessy v. Ferguson (1896)

Supreme court case that challenged a Louisiana statue requiring that railroads provide separate accommodations for blacks and whites. The court found that separate-but-equal accommodations did not violate the equal protection clause of the 14th amendment

19th amendment

amendment to the constitution that guaranteed women the right to vote

incorporation doctrine

an interpretation of the constitution holding that the due process clause of the 14th amendment requires state and local governments to guarantee the rights stated in the Bill of Rights

hate speech

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

religion

both School District of Abington Township Penn. v. Schempp and lemon v. kurtzman were cases regarding the establishment of _____

8th amendment

cruel and unusual punishment and excessive bail and fine are forbidden by which amendment?

stromberg v. california

led to being able to speak symbolically

elective office

one area in which african americans have made a substantial progress since the 1960s is

5

protection against self-incrimination is protected by which amendment?

Habeas corpus

rights imply that prisoners have the right to know what charges are being made against them

Griswold v. connecticut

what case incorporated the right to privacy

2nd amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

gender

If adopted the ERA would have banned discrimination based upon

de jure discrimination

In Swann v. Charlotte- Mecklenburg School District (1971), the Supreme Court ruled that 'all vestiges of state-imposed segregation' must be eliminated. This form of segregation Is also known as __ ____ ______________.

peremptory challenges

In order that juries reflect a fair cross-section of the community, this practice may no longer be used to exclude African American jurors?

the doll study

Kenneth Clark, a prominent African American sociologist is best known for this research that revealed the negative effects of segregation on African American children

jim crow laws

Laws enacted by southern states that required segregation in public schools, theaters, hotels, and other public accommodations

SNCC (Student Non-Violent Coordinating Committee)

Plans to stage sit-ins and freedom rides were coordinated by this student led organization who met at Shaw University in North Carolina

the right to confront witnesses

Testimony by a murder victim prior to their death may not be admissible in court due to this Sixth Amendment protection.

the death penalty

The Supreme Court put a stop to this in Furman v. Georgia (1972) and later permitted its use in Gregg v. Georgia (1976) after several state legislatures altered their sentencing practices.

Legal Defense Fund

This arm of the NAACP was headed By Thurgood Marshall who actively pursued test cases to challenge the constitutionality of Jim Crow law schools.

Brandeis briefs

This array of sociological and medical data used to document women's unique status as mothers led to the decision in Muller v. Oregon.

reasonable suspicion

This is all that is needed for the police to conduct a warrantless 'stop and frisk' search if he/she suspects a crime is about to be committed or a crime is in progress.

EEOC (Equal Employment Opportunity Commission)

This regulatory agency was created in the Civil Rights act of 1964 to monitor and enforce the bans on employment discrimination.

exclusionary act

This remedy which was adopted during the Warren Court to discourage the practice by prosecutors to use illegally seized evidence at a trial has been offset with good faith exceptions, and inevitable discovery exceptions during the Burger and Rehnquist Courts.

Griggs v. Duke Power Company (1971)

Title VII of the Civil Rights Act violation Employer held liable for discriminatory employment practice High school education and test requirement for promotion eligibility Duke has burden of proof in showing that tests were "a business necessity" "business necessity" notion important in future cases involving suits of discrimination against women in employment

Brown v. Board of Education (1954)

U.S. supreme court decision holding that school segregation is inherently unconstitutional because it violates the 14th amendment's guarantee of equal protection

Mapp v. Ohio (1961)

Warren Court ruling led to incorporation of the 'exclusionary rule' While searching Mapp's house for a fugitive suspecting in a bombing, pornographic materials were confiscated and she was brought up on charges. No warrant was issued by the courts for this search.

actions of governments, not private individuals

a clause of the 14th amendment guarantees all citizens receive "equal protection under the law" The restraints of equal protection apply to

libel

a false written statement that defames a person's character

strict scrutiny

a heightened standard of review used by the supreme court to determine the constitutional validity of a challenged practice

selective incorporation

a judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the states via the 14th amendment

Miranda v. Arizona (1966)

a landmark supreme court ruling holding that the 5th amendment requires individuals arrested for a crime to be advised of their rights to remain silent and to have counsel present

bill of attainder

a law declaring an act illegal without a judicial trial

rational basis

a standard developed by the courts to test the constitutionality of a law; when applied, a law is constitutional as long as it meets a reasonable government interest

poll tax

a tax levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot

de facto

affirmative action laws are designed to remedy which kind of discrimination?

Minor v happersett

based on an interpretation of the Privileges or Immunities Clause of the Fourteenth Amendment. The Supreme Court readily accepted that Minor was a citizen of the United States, but it held that the constitutionally protected privileges of citizenship did not include the right to vote. Natural born citizen

New York Times Co. v. sullivan (1964)

case in which the supreme court concluded that "actual malice" must be proven to support a finding of libel against a public figure

hernandez v texas

case that states Mexican Americans entitled to jury that includes Mexicans

suspect classification

category or class, such as race, that triggers the highest standard of scrutiny from the supreme court

individual group

civil liberties have to do with ____ protections while civil rights are protections on the basis of ____ attributes

due process clause

clause contained in the 5th and 14th amendments; over the years, it has been construed to guarantee a variety of rights to individuals

prior restraint

constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the 1st amendment

fundamental freedoms

defend by the court as essential to order, liberty, and justice - are subject to the court's most rigorous standard of review

conneticut v. cantwell

incorporated the free exercise clause

dejonge v. oregon

incorporation case for freedom of assembly (1st amendment)

Gideon v wainwright

it extended the right to counsel to the poor and to cases tried in state courts

substantive due process

judicial interpretation of the 5th and 14th amendments' due process clauses that protects citizens from arbitrary or unjust state federal laws

exclusionary rule

judicially created rule that prohibits police from using illegally seized evidence at trial

ex post facto law

law that makes an act punishable as a crime even if the action was legal at the time it was committed

black codes

laws denying most legal rights to newly freed slaves; passed by southern states following the Cvil War

near v. minnesota

led to the incorporation of the freedom of press. First case in which the SC found a state law to violate freedom of the press in which it recognized the press's immunity from prior acts of restraint.

Equal Pay Act of 1963

legislation that requires employers to pay men and women equal pay for equal work

civil rights cases (1883)

name attached to five cases brought under the Civil Rights Act of 1875. In 1883, the supreme court decided that discrimination in a variety of public accommodations, including theaters, hotels, and railroads, could not be prohibited by the act because such discrimination was private, not state, discrimination

15th amendment

one of the three Civil War Amendments; specifically enfranchised newly freed male slaves

13th amendment

one of the three civil war amendments: bans slavery in the United States

14th amendment

one of the three civil war amendments; guarantees equal protection and due process of the law to all U.S. citizens

double jeopardy clause

part of the 5th amendment that protects individuals from being tried twice for the same offense in the same jurisdiction

1st amendment

part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition

5th amendment

part of the bill of rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime, it provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without the due process of law. it also prevents the national government from taking property without compensation

9th amendment

part of the bill of rights that makes it clear that enumerating rights in the constitution or bill of rights does not mean that others do not exist

4th amendment

part of the bill of rights that reads: "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

6th amendment

part of the bill of rights that sets out the basic requirements of the procedural due process for federal courts to follow in criminal trials. these include speed and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel

writs of habeas corpus

petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government's case does not persuade the judge.

affirmative action

policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group

religious freedom restoration act

prevents federal government from making policy decisions that limit an individual's free exercise

equal rights amendment

proposed amendment to the constitution that states "equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex"

Title IX

provision of the Education Amendments of 1972 that bars educational institutions that receive federal funds from discriminating against female students

de facto discrimination

racial discrimination that results from practice (such as housing patterns or other social or institutional, nongovernmental factors) rather than the law

de jure discrimination

racial segregation that is a direct result of law or official policy

equal protection clause

section of the 14th amendment that guarantees all citizens receive "equal protection of the laws"

Mirada rights

statements required of police that inform a suspect of his or her constitutional rights protected by the 5th amendment, including the right to an attorney provided by the court if the suspect cannot afford one

1

symbolic speech is protected by which amendment?

symbolic speech

symbols, signs, and other methods of expression generally considered to be protected by the 1st amendment

direct incitement test

test articulated by the supreme court in Brandenburg v. Ohio (1969) holding that the 1st amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur

clear and present danger test

test articulated by the supreme court in schenck v. U.S. (1919) to draw the line between protected and unprotected speech; the court looks to see "whether the words used" could "create a clear and present danger that they will bring about substantive evils" that congress seeks "to prevent"

dred scott v stanford

the Supreme Court ruled that slaves were not citizens of the United States.

due process clause of the 14th amendment

the bill of rights begins with the words "Congress shall make no law..." telling the reader that the Bill of Rights intended to protect citizens only from the national government. Yet, most of the provisions in the Bill of Rights now limit the states as well. Which provisions is most relevant in explaining that change?

suffrage movement

the drive for voting rights for women that took place in the United States from 1890 to 1920

10th amendment

the final part of the bill of rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people

Bill of rights

the first 10 amendments to the U.S. Constitution, which largely guarantee specific rights and liberties

establishment clause

the first clause of the 1st amendment; it directs the national government not to sanction an official religion

civil rights

the government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals

freedom of expression

the individual right considered to be the most fundamental of all the rights in the Bill of Rights is ___

8th amendment

the part of the bill of rights that states: "excessive bail shall not be required, no excessive fines imposed, nor cruel and unusual punishments inflicted"

civil liberties

the personal guarantees and freedoms that the government cannot abridge by law, constitution or judicial interpretation

prior restraint

the right of government to keep a newspaper from publishing information that would be harmful to the reputation of politicians who led a military conflict would be denied as ____ ____

right to privacy

the right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the first, third, fourth, ninth, and 14th amendments

free exercise clause

the second clause of the 1st amendment; it prohibits the U.S. government from interfering with a citizen's right to practice his or her religion

new york times v. the united states

the supreme court case that dealt with the publication of the "Pentagon Papers" was _____

Roe v. Wade (1973)

the supreme court found that a woman's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the 14th amendments

Engel v. Vitale (1962) (Establishment Clause)

the supreme court ruled that the reciting of a state-required prayer in public school constituted an impermissible establishment of religion under the First Amendment. What case incorporated this?

gitlow v. new york

the supreme court, in 1925, ruled that the first amendment applied to the states in ________

dred scott v sandford

the thirteenth amendment effectively invalidated which supreme court decision?

civil liberties

these are personal guarantees and freedoms that the government cannot abridge by law and are not absolute and must be balanced against other considerations

zellman v sommers

this case led to the voucher program

california v bakke

this case the supreme court ruled that affirmative action admissions to a medical school could cause "reverse discrimination"

lemon test

three-part test created by the supreme court for examining the constitutionality of religion establishment issues

slader

untrue spoken statements that defame the character of a person

grandfather clause

voter qualification provision in many southern states that allowed only those citizens whose grandfathers had voted before Reconstruction to vote unless they passed a wealth or literacy test

Equal Employment opportunity commission

was created due to the civil rights act of 1964 and it was to monitor and enforce bans on employment discrimination.

equal rights amendment

what bars educational institutions that receive federal funds from discriminating against female students?

ferman v. georgia and gregg v. georgia

what two cases incorporate the 8th amendment, "prohibits cure and unusual punishments"

grand jury indictment provision of the 5th amendment

which provision is most relevant in explaining the incorporation of the bill of rights against the states?

korematsu v united states

which supreme court case upheld the placing of Japanese citizens in internment camps during World War II

miller v. california

which supreme court case, in 1973, in an attempt to redefine obscenity, ruled that local standards might affect the assessment of obscenity

Civil Rights Act of 1964

wide-ranging legislation passed by Congress to outlaw segregation in public facilities and discrimination in employment, education, adn voting; created the Equal Employment Opportunity Commission


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