Government Ch13-15
Jus sanguinis
"Law of blood" focuses on parentage
Jus soli
"Law of the soil" focuses on where a person is born
Abington school district v. Schemes Freedom of religion
(Abington Township) banned school sponsored bible readings
Hopwood v. State of Texas
-only made it to appellate courts- said race as a means of achieving diversity on college campuses "undercuts the 14th amendment"
Symbolic speech
-sometimes called expressive conduct or expression- involves actions and symbols to express opinions
What are three ways to lose citizenship?
1. Expatriation 2. Being convicted of certain serious federal crimes 3. In an administrative process of denaturalization
Civil rights act of 1968
1. Forbade discrimination in most housing 2. Provided penalties for those attempting to interfere with individual civil rights
Voting rights act of 1965
1. Outlawed discriminatory voter registration tests 2. Authorized federal registration of voters and federally administered voting procedures anywhere that discriminated electorally against any particular group
Religious freedom restoration act
1993-Overturned Oregon v. Smith- people can perform religious rituals unless they are prohibited by a narrowly tailored law
Glass ceiling
A bias against women in the workplace- subtle obstacles to advancement faves by professional women
Collin v. Smith Freedom of assembly
A community could not set a high permit cost just to keep people out
Resident alien
A foreigner who has established permanent residency in the US
Civil disobedience
A non-violent, public refusal to obey allegedly unjust laws
Expatriation
A person gives up their citizenship by the act of leaving the U.S. And becoming a citizen of another country
Affirmative action
A policy in educational admissions or job hi rings that gives special attention or compensatory treatment in traditionally disadvantaged groups in an effort to overcome present effect of past discrimination
Collective naturalization
A process under which an entire group of people become citizens by a treaty or act of congress
Patriot act 2001
A response to the terrorist attacks of 9/11
Wisconsin v. Yoder Free exercise clause
A state cannot require Amish parents to send their children to public school beyond the 8th grade
Lynch v. Donnelly Freedom of religion
Allowed city in Rhode Island to display nativity scene along with a Christmas tree, reindeer, and sleigh
Equal access act (1984)
Allowed religious groups to meet in public schools
Gag orders
An order by a judge barring the press from publishing certain types of information about a pending court case
Adarand constructors, inc. V. Pena
Any local, state, or federal affirmative action program that uses racial or ethnic classifications as the basis for making decisions is subject to "strict scrutiny" by the courts
"Fighting words"
Any offensive, derisive, or annoying word to any other person who is lawfully in any street or public place
Seditious speech
Any speech urging resistance to lawful authority or advocating the overthrow of the government
Abigail adams
Asked for equal treatment
Griswold v. Connecticut Privacy
Banned a law outlawing contraceptives
Double jeopardy
Being tried twice for the same crime
Prior restraint
Censorship of information before publication- on,y allowed in cases relating directly to national security
City of Bourne, Texas v. Flores Free exercise clause
Congress doesn't have the power to create a new law when it doesn't like the rulings of the supreme court
Oregon v. Smith Free exercise clause
Court denied unemployment benefits to a worker fired for using drugs as a part of religion ceremonies
New York Times co. V. United States Freedom of the press
Court ruled prior restraint
United states v. Windsor Extra new case
Court rules that the defensive marriage act is unconstitutional
Sheppard v. Maxwell Freedom of the press
Court set up measured judges could take to restrain press coverage 1. Move trail to new location 2. Limiting the number of reporters in the courtroom 3. Placing controls on reporter's conduct 4. Isolating witnesses and jurors from the press 5. Having jury sequestered
Epperson v. Arkansas Freedom of religion
Court struck down Arkansas law banning the teaching of evolution
Tinker v. Des Moines school district Freedom of speech - symbolic speech
Court upheld right of students to engage in free and symbolic speech by wearing black armbands
8th amendment
Cruel and unusual punishment
Miller v. California Freedom of the press
Dealt wit obscenity
Precedent
Decisions made on the same issue in earlier cases
Libel
Defamatory speech that is written
Gitlow v. New York Freedom of speech - seditious speech
Developed the "bad tendency doctrine"
American indians
Did not get the right to vote unit 1924 U.S. Govt finally gave some reparations to Indians for taking their land
Betts v. Brady 6th amendment- right to counsel
Do not have to provide a lawyer in death penalty cases unless there were special circumstances
Wiretapping
Eavesdropping on phones, bugging homes, etc
Schenck v. United States Freedom of speech - seditious speech
Established "clear and present danger" rule
Weeks v. United States 4th amendment- search and seizure
Established the exclusionary rule
Gideon v. Wainwright 6th amendment- right to counsel
Everyone who cannot afford a lawyer will be provided with one
Exclusionary act
Evidence illegally obtained cannot be used in federal court
Mapp v. Ohio 4th amendment- search and seizure
Extended the exclusionary rule to the states with this case
Defamatory speech
False speech that damages a person's good name, character, or reputation
Non-protected soeech
Fighting words, sedition, promoting bad tendency
Texas v. Johnson Freedom of speech - symbolic speech
Flag burning is protected symbolic speech
Civil rights act of 1964
Forbade discrimination on the basis of race, gender, color, religion. And national origins
Roe v. Wade Privacy
Gave women the right to have abortions
Due process
Government cannot act arbitrarily or unfairly-14th amendment
Preferred position doctrine
Hold that first amendment freedoms are more fundamental than other freedoms
Procedural due process
Law must be carried out by a METHOD that is fair and orderly -deals with most cases that reach the Supreme Court
Floating buffer zone laws
Laws that attempted to keep a few feet of distance between a demonstrator and a moving person who might be approaching a clinic
Shield laws
Laws that give reporters some protection from disclosing their sources in state courts
Intermediate scrutiny
Laws that treat people differently. Under this standard, a law will not violate the equal protection clause if true government can show that the law is substantially related to a legitimate government interest (women, elderly)
Civil liberties
Legal constitutional protections against government
Marsh v. Chambers Freedom of religion
Legislatures can say prayers without violating the constitution because it's a tradition
New York Times v. Sullivan Freedom of speech - defamatory speech
Limited the right of public officials to recover damages for defamation
Rosa parks
Marked the beginning of the civil rights movement
De facto segregation
Occurs as a simple matter of where a person lives
Denaturalization
Occurs when it's proved that fraud, deception, or error occurred during the original naturalization
Mueller v. Allen Freedom of religion
Parents can deduct tuition, books, and school transportation costs from their state income taxes
West Virginia state board of education v. Barnette Free exercise clause
Patriotism can be achieved without forcing people to violate their religious beliefs
Picketing
Patrolling an establishment to convince workers and the public not to enter it
Undocumented aliens
People here illegally, but some are foreigners whose permits have expired
Refugees
People who are fleeing persecution or danger from their home country
Nonresident alien
People who expect to stay for a short, specified time
Feiner v. New York Freedom of assembly
Police had not restricted speech, but maintained order
Engel v. Vitals Freedom of religion
Prayer in public schools is unconstitutional
Santa Fe school district v. Jane doe Freedom of religion
Prayers at public school football games violated the establishment clause
Free exercise clause
Prohibiting government from unduly interfering in the exercise of religion
Allegheny county v. ACLU (American civil liberties union) Freedom of religion
Publicly funded nativity scene was not acceptable
Asia Americans during WW2
Put into interment camps
Enemy alien
Represents citizens of nations that are of war with the U.S.
De jure segregation
Results from laws or administrative decisions (bussing)
Reynolds v. United States Free exercise clause
Reynolds was a Mormon and had more than one wife. Court said you can't do what you want when it violates the morals of the community
6th amendment
Right to counsel
United States v. O'Brien Freedom of speech - symbolic speech
Said government can regulate excessive conduct if the regulation: 1. Falls within the constitutional power of the government 2. Is narrowly drawn to further a substantial government interest that is unrelated to the suppression of free speech 3. Leaves open ample alternative channels of communiation
Hazelwood school district v. Kuhlmeier Freedom of speech - student speech
Schools can regulate speech in school publications, theatrical productions, and other activities
Minersville school district v. Gobitis Free exercise clause
Schools can require students to salute the flag
Bethel school district v. Fraser Freedom of speech - student speech
Schools can suspend students for indecent speech at school events
Parochial schools
Schools operated by a church/religious group
4th amendment
Search and seizure
Which amendments in the Bill of Rights have not been incorporated?
Second, Third, Tenth, two judicial procedures in the Fifth and Seventh, the excessive bails and fines prohibition of the Eighth
5th amendment
Self-incrimination
Alien
Someone who lives in a county where he/she isn't a citizen
Commercial speech
Speech that has a profit motive
Bill of Rights
Stands as a written guarantee that government cannot abuse the rights of individuals
Lemon v. Kurtzman Freedom of religion
State aid to church schools must: 1. A clear secular, no religious purpose 2. It's main effect must neither advance not inhibit religion 3. must avoid "excessive government entanglement with religion"
Powell v. Alabama 6th amendment- right to cousel
State had to provide a lawyer in death penalty cases
Wolman v. Walter Freedom of religion
State provided busses could not be used for field trips
Everson v. Board of education Freedom of religion
States can pay for busing students to parochial schools
Fifth amendment
States that due process must be followed by the federal government
Near v. Minnesota Freedom of the press
Stressed free press means freedom from government censorship
Gratz v. Bollinger, Grutter v. Bollinger
Supreme courts struck down undergraduate practice of point system based on minority status but said race could be considered in admission to the law school
Edwards v. Aguillard Freedom of religion
Teaching creationism violates the establishment clause
Hispanics
The Sleeping Giant
Establishment clause
The actual creation of a religion-most cases dealt with aid to schools
DeJonge v. Oregon Freedom of assembly
The court determined freedom of assembly was just as important as free speech and free press
Student speech
The court limited this in schools
What two areas is freedom of religion divided?
The establishment clause and the free exercise clause
Human rights
The heart of the United States political system
Substantive due process
The laws THEMSELVES must be reasonable
Naturalization
The legal process by which someone who was not born in the U.S. Is granted citizenship
Civil rights
The policies extending basic rights to those historically subject to discrimination
Incorporation
The process by which the bill of rights was extended into the states and localities
Ordinary scrutiny
The standard most often applied by the courts that involves the rational-basis test
School
The type of newspaper that can be consoled before publication
Pure speech
The verbal expression of thought and opinion before an audience that has chosen to listen
Rational-basis test
Under this test, a law that treats some persons differently than others will not violate the equal clause if the government can show that it had a rational basis for the law
Regents of the university of California v. Bakke
Upheld affirmative action but outlawed quotas
Strict scrutiny
When a law is based on a suspect classification, such as race or national origin, the rational-basis test is not enough. The law will be subject to a much stricter standard
Heckler's veto
Where the public basically vetoes the free speech and assembly rights of unpopular groups by claiming their march/demonstration old result in violence
Self incrimination
You are not to be compelled to be a witness against yourself
Slander
defamatory speech that is spoken