Exam 3 - American Gov

What does it mean to say the First Amendment allows for content-neutral "time, place, and manner" regulations of expressive activities

The government may not restrict the content of speech because the government may impose content-neutral regulations that interfere with speech so long as such regulations are reasonable.

According to the textbook, what is the most important provision of the U.S. Constitution with respect to civil rights?

The most important civil rights provision of the U.S. Constitution is the Equal Protection Clause of the Fourteenth Amendment which reads "...nor shall any State [...] deny to any person within its jurisdiction the equal protection of the laws."

What, according to the textbook, is "the primary purpose" of the 4th Amendment?

to protect citizens from unjustified government interference when law enforcement officials search for evidence of criminal activity.

Be sure to understand what public accommodations are. (Remember, they are privately owned, and thus discrimination by them is private discrimination.)

Despite being a privately owned public accommodation (such as theaters, hotels, and restaurants), they are called public accommodations because access to them is deemed essential for living as a free and equal member of the community and that, therefore, they are open to the public

In Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), the Supreme Court held that the Fourteenth Amendment Due Process Clause protects an unenumerated constitutional right to privacy that include the right of a woman to choose to have an abortion. What did the Supreme Court declare about the constitutional right to choose to have an abortion in Dobbs v. Jackson Women's Health (2022)? As a result, abortion laws are now determined primarily by what level of government (federal or state)?

Dobbs vs Jackson: Overturned Roe vs Wade. Now, The U.S. Constitution does not guarantee the right of a woman to choose to have an abortion. It moved abortion laws to state levels.

What is the "actual malice standard" and what is its relevance for speech that allegedly defames public figures?

For an elected official or public figure to win a defamation suit, she must prove that a statement not only damaged her reputation and was false, but that the person who made the statement knew it was false or demonstrated reckless disregard for the truth.

Legal environment allowing landlords, house sellers, and private lenders to discriminate against LGBTQ+ persons in access to housing and mortgages.

Illegal in state law under 23 states and Washington DC. Federal Fair Housing Act

How did the Supreme Court rule on the male-only military draft?

In 1981, the Supreme Court upheld the constitutionality of the male-only draft registration law. Writing for the Court, Justice William Rehnquist stated that the exclusion of women from the draft "was not an 'accidental by-product of a traditional way of thinking about women.

In 1996, the Supreme Court heard a case regarding admission into the Virginia Military Institute. What was decided in this case? What was the impact of that decision?

In 1996, the Court ruled that the Virginia Military Institute (VMI), an all-male state-run military college, had to accept women as cadets. he Court rejected the state's argument that admitting women would undermine the special character of the institution. The VMI ruling was the final nail in the coffin for male-only public institutions of higher education in the United States.

The textbook highlights three acts of Congress that were the most influential acts of civil rights legislation of the 1960s. What were those three acts?

Three federal laws passed in the 1960s—the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968—were arguably the most significant and consequential trio of legislative enactments in American history.

How did the NAACP help end the peonage system?

Through Circular No. 3591, in 1941 Biddle ordered the Department of Justice to aggressively prosecute peonage cases, which finally brought the illegal and unjust practice to an end.

What did the Supreme Court declare about the right of self-incrimination in Miranda v. Arizona (1966)? Specifically, according to the Court in Miranda, what must police tell criminal suspects before they question them? Relatedly, what are "Miranda warnings"?

- "You have the right to remain silent and refuse to answer questions. Anything you say can and will be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney." - The Court declared that the Fifth Amendment right against self-incrimination requires police to tell suspects about their rights to remain silent and to have an attorney, and to warn suspects about the potential consequences of choosing to waive those rights. - Miranda warnings: A statement given to suspects prior to interrogating them.

The "marriage law doctrine of coverture" is just one example of historical barriers faced by women in the U.S. What does this term mean? And what are some other examples of historical barriers faced by women according to the textbook?

- A law in which women sacrificed most of their rights and very legal existence to their husband upon being wed. According to this longstanding legal conception of marriage, married women could not own property, enter into contracts, or earn a salary in their own name. - In the event of divorce, in all states men automatically received custody of children until around the mid-twentieth century. - Women received little or no effective legal protection from domestic violence until the second half of the twentieth century - Prior to the 19870's the law recognized nothing wrong with a man forcing himself on his wife.

What is the exclusionary rule? What is its purpose? Why are a growing number of constitutional scholars, lawyers and judges questioning its wisdom?

- According to the exclusionary rule, if government seizes evidence through an unconstitutional search, then the evidence may not be admitted into court. - It requires evidence to be thrown out even if the evidence proves someone is guilty of a crime. - Allows a guilty person to escape punishment simply because police did not follow proper procedures when gathering evidence. - If police face no consequences for unlawful searches, then we should expect they will be more likely to conduct unlawful searches.

Why, according to the textbook, is the incorporation of criminal justice rights under the 14th Amendment "especially important?

- Because most law enforcement activities are conducted by state and local police departments and most criminal trials take place in state courts and pertain to state criminal laws. - Incorporation of these rights means that the U.S. Constitution guarantees protections for the criminally accused at the level of government

Be sure to know and understand the definition of civil liberties.

- Civil Liberties: legal rights designed to protect individuals from abuse of power by the government. - The primary source of civil liberties in the U.S. today are the Bill of Rights and the Fourteenth Amendment. - The Constitution of the State of Georgia also guarantees many civil liberties.

How does the textbook define civil rights? Civil rights and civil liberties are both types of legal rights. How are they different from each other?

- Civil liberties are legal rights designed to protect individuals from abuse of power by the government. - Civil rights refers to legal rights that aim at eliminating and/or remedying various forms of unequal treatment in American society - Unlike civil liberties, civil rights are concerned not only with government actions, but also with discrimination by private individuals such as business owners.

Is it liberals or is it conservatives who tend to favor gun rights more than gun control? How do proponents of gun rights differ from proponents of gun control in how they interpret the Second Amendment?

- Conservatives. - For proponents of gun rights, the second part of the Second Amendment is the most important because it seems to indicate that "the people" have a "right" to keep and bear Arms" and that this "shall not be infringed" by the government. - For proponents of gun control, the first part of the Second Amendment is the most important because it seems to indicate that the amendment's purpose is solely to assure that citizens are able to "bear Arms" when serving in a "well-regulated" Militia

What is meant by the terms "public discrimination" and "private discrimination"?

- Discrimination by government is referred to as public discrimination. - Private discrimination refers to discrimination by private non-governmental individuals or entities

According to the Supreme Court, in what specific circumstances does the Eighth Amendment not allow imposing the death penalty?

- During a sentencing trial, the prosecution must prove beyond a reasonable doubt that at least one out of twelve possible "aggravating factors" apply to a case. - Even if one or more aggravating factors are proved beyond a reasonable doubt, the judge or jury are allowed to consider a variety of "mitigating factors"—i.e., factors that make a defendant seem less deserving of capital punishment—that lead them to decide against imposing a death sentence.

What is meant by "heteronormativity"? How does this relate to homophobia and the oppression of LGBTQ+ people?

- Heteronormativity can be defined as the culturally reinforced belief that the only natural and appropriate form of sexual relationships are heterosexual and between cisgender persons - Heteronormativity can be oppressive because it leads to homophobia - Homophobia can lead to verbal abuse, bullying, and other acts of violence. It can also lead to discrimination by government and in the private sphere

On what ground did the U.S. Supreme Court, in Lawrence v. Texas (2003), declare unconstitutional a Texas statute that made it a crime to engage in sodomy "with another individual of the same sex."

- In Lawrence v. Texas (2003), the U.S. Supreme Court declared unconstitutional a Texas statute that made it a crime to engage in sodomy "with another individual of the same sex." - The U.S. Supreme Court decided that the real problem with the law was that it was regulating sexual conduct engaged in by consenting adults within the privacy of their own home.

What standards were set by the Supreme Court's 1993 ruling on sexual harassment lawsuits?

- In November 1993, the Supreme Court adopted a legal standard that makes it easier for victims of sexual harassment to sue in federal court. - The decision increased the likelihood that women (and men) who believe that they are victims of sexual harassment in the workplace will file and win federal lawsuits. To avoid litigation, employers must have policies and training programs in place and must take immediate action whenever complaints are filed.

There are two phases in the Sherbert Test. Which questions are asked are in each phase?

- In Phase 1, the Court must determine whether the person has a claim involving a sincere religious belief, and if the government action is an actual burden on the person's ability to act on that belief. - In phase two the questions are whether the government interference with religious practice is the result of pursuing a compelling government interest, and there is a way for government to pursue the compelling government interest that would have placed less of a burden on the free exercise of religion.

These two concepts are closely tied to the Due Process Clause of the 14th Amendment: (1) Incorporation and (2) Unenumerated Constitutional Rights. What's the difference between those two constitutional sources of civil liberties?

- Incorporation is about those rights explicitly listed ( enumerated) in the text of the Constitution - Unenumerated constitutional rights involves rights that are not explicitly mentioned anywhere in the text of the Constitution.

Literacy tests, poll taxes, and the white primary were three ways that African Americans were disenfranchised despite the 15th Amendment. How were these used to deter African Americans from voting?

- Poll: A requirement to pay a sum of money to register to vote. - Literacy: Required for voters to pass a knowledge test or have good reading abilities - White Primary: This device allowed only whites to vote in primary elections for nominating candidates. Since the Republican Party was no longer viable in the region, whoever won the Democratic Party's nomination was assured of winning in the general election.

What does Oliver Wendell Holmes' notion of a "marketplace of ideas" have to do with the Court's insistence that content-based restrictions are almost always in violation of the constitutional right to free expression?

- Presented the idea that the best response for defeating beliefs and ideas we dislike is not to use government to ban their expression but, rather, to demonstrate the superiority of our own beliefs and ideas through our own acts of free expression - This doctrine has led the Supreme Court to strike down several content-based restrictions on free expression even when, as with Neo Nazi's hateful views, the restricted content was highly unpopular.

How does the textbook define "religious freedom"? What is the name of the first two clauses of the First Amendment that are the constitutional basis of religious freedom in the United States?

- Religious Freedom: the freedom to develop and live according to one's own religious beliefs insofar as doing so does not interfere with the same freedom of others. - The first of these is referred to as the Establishment Clause and the second is called the Free Exercise Clause - Establishment: Congress shall make no law respecting an establishment of religion - Free Exercise: Congress shall make no law prohibiting the free exercise of religion.

What is the concept of reparations? And what does it have to do with the racial wealth gap in the U.S.?

- Reparations: There is an enormous racial wealth gap in the United States. The net worth of the average white family is $171,000, whereas the net worth of the average Black family is $17,150. - Today, there is growing awareness that this wealth gap is a product of discriminatory practices and policies in the past that systematically deprived Black families of opportunities to accumulate wealth that were granted to whites

What's the difference between "selective incorporation" and "total corporation"? Which approach has the U.S. Supreme Court used?

- Selective: Gradual Incorporation in which the us has chosen one case and one civil liberty at a time - Total: the idea that all of the civil liberties protected by the Bill of Rights should automatically be incorporated into the Due Process Clause all at once. - The court uses selective

In 1896, in Plessy v. Ferguson, the Supreme Court established the doctrine of separate but equal. What was this doctrine? What was its significance for the Jim Crow system of segregation?

- Separate But equal: Gave constitutional sanction to laws designed to achieve racial segregation by means of separate and equal public facilities and services for African Americans and whites. - Became the constitutional justification for all other forms of government mandated segregation in the Jim Crow era.

What is the difference between the concepts of "separation of church and state" and "accommodationism"?

- Separation: idea that the government and religion should be separate, and not interfere in each other's affairs. - Accommodationism: States the First Amendment promotes a beneficial relationship between religion and government and the government should accommodate to religion

What is meant by standards of review? What are the three standards?

- Standards of Review: The level of deference that will be given to the findings under appeal. - Types: strict scrutiny, intermediate scrutiny, and rational basis

What is strict scrutiny? It is applied to "suspect classes." What examples of suspect classes are discussed in the textbook?

- Strict scrutiny is the highest standard of review, meaning it makes it the most difficult for a law to be deemed constitutional. - Suspect Classes: The Supreme Court now considers race, skin color, ethnicity, religion, and national origin to be suspect classifications. The Court does not consider sex, sexual orientation, or gender identity to be suspect classifications triggering strict scrutiny review. Those classifications are reviewed under different standards.

According to the Supreme Court, which of the following forms of expression are entitled to less First Amendment protection than ordinary forms of political expression:

- Student speech (in public schools) - "fighting words;" - expression that promotes, and is likely to incite or produce, imminent lawless action - obscenity

What did the Supreme Court declare about the 6th Amendment right to an attorney in Gideon v. Wainwright (1963)? What specific impact (discussed by the textbook) did this decision have on the criminal justice system?

- The Sixth Amendment requires government to provide an attorney to any criminal defendant who requests one and cannot afford one. - Due to it, state governments now directly employ over 15,000 Public Defenders who each year provide legal counsel to millions of criminal defendants who cannot afford to hire their own attorneys.

Which act of Congress (passed in 1964) bans discrimination by public accommodations? Is discrimination by public accommodations prohibited by the U.S. Constitution or by legislative statutes?

- Title VII of the Civil Rights Act of 1964 outlaws private discrimination in employment, and prohibits discrimination based on sex as well as by race, color, religion, or national origin - State and local governments have broad authority to enact laws banning private discrimination. Georgia is one of only five states that does not have its own law that prohibits private discrimination

What was the convict-leasing system? And what is meant by "peonage"?

- Under the convict-leasing system, Black males were arrested by the thousands and sentenced to long prison sentences with forced labor for minor crimes and sometimes completely made-up charges. Convicted prisoners were then leased (like property) by state governments to private industrial companies that ruthlessly drove them to do backbreaking work for long days and under extremely dangerous conditions. - Peonage: Under this system, individuals were forced or deceived into signing labor contracts according to which they were obligated to work for no pay in exchange for their "employer" paying off their debt. Often workers under duress would consent to demeaning labor conditions, including being whipped for insubordination.

What were the goals of the Chicano Movements of the 1960s and how do they relate to the UFW?

-The Chicano Movement of the 1960's stood for a number of civil rights issues which affected Mexican-Americans, including the right to organize labor, enfranchisement, and an end to discrimination and racism at the state and federal levels. - One of the major leaders of the Chicano Movement was Cesar Chavez, a labor organizer who helped to create the United Farm Workers of America (UFW), a labor union which organized strikes among Latinx farmworkers to force growers to concede to better working conditions in the fields

What is meant by the term "patriarchy"?

A social order in which men are predominant in status, authority, and power—can be traced back for many thousands of years across civilizations

What is meant by "affirmative action"?

Affirmative action refers to programs by employers or schools aimed at favoring individuals belonging to groups with a history of discrimination

In what state did the most lynchings occur between 1877-1950? How many lynchings occurred across the nation during this period?

Between 1877 and 1950, over 4,000 African Americans were lynched in the United States. These occurred mostly in Southern states and in no state more than Georgia.

According to the textbook, what are the central issues today surrounding the deportation of illegal immigrants?

Both the Obama and Trump administrations engaged in large scale deportations and separated children from their parents during deportation. One of the major unresolved issues is what to do with children of illegal immigrants in the United States: although their parents might have come illegally, young children came through no fault of their own with their parents, and these children have no viable path to citizenship, yet the United States is the only country they know.

In what case did the Supreme Court declare that the doctrine of "separate but equal" has no place in public education?

Brown vs Board of Education

What did Congress do in 1988 to compensate Japanese Americans for their internment during World War II?

Civil liberties Act: The act granted each surviving internee $20,000 in compensation

What happened during the Atlanta Race Riot of 1906?

During this five-day (September 22-26) rampage an estimated 10,000 whites stormed through Atlanta beating every Black person in sight. In the end, these white mobs killed an estimated 22-25 African Americans, injured over a hundred more, and burned Black homes and businesses to the ground.

Laws prohibiting openly LGTBQ+ from serving in the military

Ended Via executive border issued by Obama

What is "Incorporation"? What does it have to do with the Due Process Clause of the 14th Amendment?

Incorporation means that the Court declares a civil liberty from the Bill of Rights to be protected against state government abuse through the Due Process Clause of the 14th Amendment

The European conquest of North America, in particular, decimated the indigenous peoples' populations by 90%. How did the long-term effects of this extreme population loss impact the rise of the American Indian Movement?

Indigenous Americans built on the lessons of the civil rights movement. The American Indian Movement (AIM), founded in the late 1960s, articulated many Indigenous American demands and dramatized their plight.

What is intermediate scrutiny? How is it different from strict scrutiny? To what form(s) of discrimination is intermediate scrutiny applied?

Intermediate Scrutiny: a law is presumed to be unconstitutional unless the government can demonstrate it is substantially related to the promotion of an important government interest. It differs from strict scrutiny in that goal of the law must be merely "important" rather than "compelling" and it need only be "substantially related" to serving that important goal rather than "narrowly tailored" to doing so.

Do constitutions protect civil liberties against infringement by private individuals (or businesses) or do constitutions only protect against infringement by government?

It only protects infringement by the government

According to the Supreme Court, what exactly is required by the 6th Amendment command that criminal trials must be by an "impartial jury"?

Juries must not be biased against defendants, determining what is required to assure an unbiased / impartial jury is problematic. They must be drawn randomly from the community.

What do the different letters of "LGBTQ+" stand for?

Lesbian, Gay, Bisexual, Trans, Queer( or questioning)+

Generally speaking, how do liberals and conservatives tend to differ in how they interpret civil liberties pertaining to the criminal justice system?

Liberals tend to be more concerned than conservatives with protecting the rights of criminal suspects and convicts, while conservatives tend to be more concerned than liberals with the importance of empowering government to prevent and punish criminal activity. .

If someone goes a full year after being charged with a crime before having a trial, would this necessarily result in charges being dropped on account of the person being deprived of their right to a speedy trial?

No. Some trials take years

How did this and other riots and massacres impact the civil rights movement and African American rights?

Overall, through riots and massacres, in the period from 1898 to 1943, whites killed an estimated 635-790 African Americans, injured thousands more, and inflicted tens of millions of dollars of property damage on Black-owned homes and businesses.

Did civil liberties listed in the Bill of Rights of the U.S. Constitution apply to actions taken by state governments prior to the Civil War? Did they apply to actions taken by the federal government prior to the Civil War?

Prior to the civil war it only applies to actions taken by the federal government. This changed after the war and particularly due to the ratification of the fourteenth admented

The textbook discusses two forms of expression that are protected by the U.S. Constitution (as interpreted by the U.S. Supreme Court) but that are not constitutionally protected in other democratic countries. What are those two forms of expression?

Protection of hate speech and protection of spending money on political campaigns

Which kind of discrimination (public or private) is prohibited by the Constitution? Which kind can only be prohibited by laws passed by legislatures or regulatory agencies?

Public discrimination is made illegal by either constitutions or legislative statutes, whereas private discrimination is only made illegal by legislative statute

What is meant by "rational basis"?

Rational basis is the lowest standard of review, meaning it makes it the easiest for the Court to declare a government action constitutional. By this standard, the Court presumes a law to be constitutional unless it is shown that the law is not rationally related to a legitimate government interest.

What act of Congress requires the federal government to pass the Sherbert Test whenever it passes laws or enacts policies that infringe on religious activities?

Religious freedom restoration act

Laws prohibiting same-sex sodomy (but allowing it for heterosexuals)

Ruled unconstitutional as a violation of rights to privacy in Lawrence v Texas

Be sure to know and understand the current status of these discriminatory laws or practices that have impacted the LGBTQ+ community (see the table in the textbook): Laws prohibiting same-sex marriage and the associated government-guaranteed spousal rights and benefits

Ruled unconstitutional in Obergefell v Hodges

What is strict scrutiny? What does it have to do with the Sherbert Test?

Strict scrutiny is the label given to the most stringent approach taken by courts when reviewing potentially unconstitutional government actions.When applying strict scrutiny, a court makes the presumption that the government action in question is unconstitutional.

What impact did this have on voting in the South?

The Black voting rate in the South in presidential elections dropped from an estimated 75% in 1876 to 40% in 1900 and to less than 20% in 1922. And it is estimated that by the late 1930s less than five percent of African Americans in the South were even registered to vote.

What was the "belief-action" framework?

The Court held that the Free Exercise Clause only bars the government from interfering with religious beliefs or opinions. It does not prohibit the government from interfering with religious practices.

According to the 21st century U.S. Supreme Court decisions, does the Second Amendment protect a right for individuals to own firearms for self-defense? Or does it only protect the right for persons to own guns for purposes of serving in a "well-regulated militia"?

The Founding Fathers and subsequent generations believed the first part of the Second Amendment did not mean that the right to own a gun is solely about militia service. Instead, at least some Founders believed the Second Amendment protected an individual right to own guns for self-defense.

Civil liberties pertaining to criminal justice establish rules and procedures that the executive and judicial branches must follow when investigating, accusing, convicting, and punishing criminal suspects and convicts. What, according to the textbook, is the purpose (or "aim") of these rules and procedures?

The Founding Fathers believed it is through criminal law enforcement activities that government poses the greatest threat to the life, liberty, and property of citizens

According to the U.S. Supreme Court, what part of the U.S. Constitution is violated if state or local governments deprive same sex couples of the right to marry?

The U.S. Supreme Court ruled that (1) marriage is a fundamental right protected by the liberty of the Due Process Clause, (2) government may not interfere with that right unless there is sufficient justification for doing so, and (3) there is not sufficient justification for excluding same-sex couples from exercising the fundamental constitutional right to marry.

What is meant by the "state action doctrine"?

The state action doctrine holds that the Constitution's protections for civil rights do not apply to private conduct, but rather only apply to government actions

What role did white supremacist terror organizations, such as the Ku Klux Klan, play in perpetuating the Jim Crow system?

These groups not only killed but also tortured and humiliated their victims in an effort to force them into submitting to a subservient place in society. These groups also sought to completely disarm African Americans, thus leaving them vulnerable to further violence and intimidation.They were created to force and intimidate African Americans into accepting a subordinate role in society.

Has the U.S. The Supreme Court incorporated the Second Amendment under the Due Process Clause of the 14th Amendment?

Yes. Every part of the Bill of Rights is incorporated.

While the LGBTQ+ community is diverse, what common goals hold the coalition together?

all the groups face cultural, social, and/or legal oppression on account of their sexuality and/or gender identities.