PSC 101 Exam 4

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PSC 101 Exam 4
2012-12-10 13:41:27
Political Science

Chapter 4 - 13 - 14
Show Answers:

  1. civil liberties
    • Basic political freedoms that protect citizens from
    • governmental abuses of power.
  2. Civil War Amendments
  3. The 13th, 14th, and 15th Amendments to the Constitution, which abolished slavery and granted civil liberties and voting rights to freed slaves after the Civil War.
  4. clear and present danger test
    Established in Schenk v. United States, this test allows the government to restrict certain types of speech deemed dangerous.
  5. commercial speech
    Public expression with the aim of making a profit. It has received greater protection under the 1st Amendment in recent years but remains less protected than political speech.
  6. Direct Incitement Test
    • Established in Brandenberg v. Ohio, this test protects
    • threatening speech under the 1st Amendment unless that speech aims to and is likely to cause imminent “lawless action.”
  7. Double Jeopardy
    Being tried twice for the same crime. This is prevented by the 5th Amendment.
  8. Due Process Clause
    Part of the 14th Amendment that forbids states from denying “life liberty or property” to any person without the due process of law. (A nearly identical clause in the 5th Amendment applies only to the national government.)
  9. Due Process Rights
    The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person’s “life, liberty, or property, without due process of law.” Other specific due process rights are found in the 4th, 5th, 6th, and 8th amendments, such as protection from self-incrimination and freedom from illegal searches.
  10. Establishment Clause
    • Part of the 1st Amendment that states, “Congress shall make no law respecting an establishment of religion,” which has been interpreted to
    • mean that Congress cannot sponsor or favor any religion.
  11. Exclusionary Rule
    illegally or unconstitutionally acquired evidence cannot be used in a criminal trial
  12. Fighting Words
    Words that by their utterance can invoke violence. Can be regulated by the govt but are difficult to define.
  13. Free Excersise Clause
    1st Amendment - congress cannot prohibit or interfere with the practice of religion
  14. Gag Order
    allows the government to prohibit the media from publishing anything related to an ongoing trial
  15. Hate Speech
    expressions that are offensive or abusive ... protected under 1st amendment
  16. Lemon Test
    Established in Lemon v. Kurtzman, the Supreme Court uses this test to determine whether a practice violates the 1st Amendment’s establishment clause.
  17. Libel
    written false statements that damage reputation. Can be regulated by govt but difficult to determine it from permissible speech.
  18. Miller Test
    Established in Miller v. California, the Supreme Court uses this three-part test to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government.
  19. Miranda Rights
    • The list of civil liberties described in the 5th Amendment that must be read to a suspect before anything the suspect says can be used in a
    • trial.
  20. Prior Restraint
    A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials.
  21. Privacy Rights
    Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens’ lives from governmental interference, such as the 4th Amendment’s protection against unreasonable and seizures.
  22. Selective Incorporation
    The process through which the civil liberties granted in the Bill of Rights were applied to the states on a case-by-case basis through the 14th Amendment.
  23. Slander
    spoke false statements that damage a persons reputation. Can be regulated.
  24. Symbolic Speech
    nonverbal expression, such as the use of signs or symbols.It benefits from many of the same constitutional protections of verbal speech.
  25. Adversarial System
    A two-sided court structure in which lawyers on both sides of a case attempt to prove their argument over their opponent’s version of the case.
  26. Amincus Curiae
    Latin for “friend of the court,” referring to an interested group or person who shares relevant information about a case to help the Court reach a decision. Usually amicus participants register their opinions in briefs, but they also may participate in oral arguments if one of the parties in the case gives them some of their allotted time.
  27. Appeals Courts
    The intermediate level of federal courts that hear appeals from district courts.
  28. Appellate Jurisdiction
    The authority of a court to hear appeals from lower courts and change or uphold the decision.
  29. Burden of Proof
    proving someone guilty. Mainly plaintiffs burden but could be both in civil suit.
  30. Cases on Appeal
    cases brought to the supreme court because congress determined that they require the courts attention.
  31. attitudinalist approach
    A way of understanding decisions of the Supreme Court based on the political ideologies of the justices.
  32. cert pool
    a system initiated in the supreme court in the 70s in which law clerks screen cases that come to the supreme court and recommend to the justices which cases should be heard.
  33. collusion
    agreement between the litigants on the desired outcome of a case, causing a federal court to decline to hear the case. more generally, collusion can refer to any kind of conspiracy or complicity.
  34. common law
    law based on the precedent of previous court rulings rather than on legislation. It is used in all federal courts and 49 of 50 states.
  35. constitutional courts
    established under article 3 of the constitution. the supreme court, district courts, and appeals courts.
  36. district courts
    lower level trial courts that handle most US federal cases
  37. docket
    calender of cases
  38. Judicial Activism
    • The idea that the Supreme Court should assert its
    • interpretation of the law even if it overrules the elected executive and legislative branches of government.
  39. Judicial Restraint
    • The idea that the Supreme Court should defer to the
    • democratically elected executive and legislative branches of government rather than contradicting existing laws.
  40. Judicial Review
    The Supreme Court’s power to strike down a law or executive branch action that it finds unconstitutional.
  41. Judiciary Act of 1789
    The law in which Congress laid out the organization of the federal judiciary. The law refined and clarified federal court jurisdiction and set the original number of justices at six. It also created the Office of the Attorney General and established the lower federal courts.
  42. Legislative Courts
    Limited jurisdiction courts created by Congress under Article I of the Constitution.
  43. Living Constitution
    A way of interpreting the Constitution that takes into account evolving national attitudes and circumstances rather than the text alone.
  44. Mootness
    • The irrelevance of a case by the time it is received by a
    • federal court, causing the court to decline to hear the case.
  45. Oral Arguments
    Spoken presentations made in person by the lawyers of each party to a judge or appellate court outlining the legal reasons why their side should prevail.
  46. Original Intent
    the theory that justices should surmise the intentions of founders when the language of the constitution is unclear
  47. Precedent
    A legal norm established in court cases that is then applied to future cases dealing with the same legal questions.
  48. Ripeness
    A criterion that federal courts use to decide whether a case is ready to be heard. A case’s ripeness is based on whether its central issue or controversy has actually taken place.
  49. Senatorial Courtesy
    A norm in the nomination of district court judges in which the president consults with his party’s senators from the relevant state in choosing the nominee.
  50. Solicitor General
    a presidential apointee in the department of justice who represents the federal govt when it is a party to a case
  51. Standard of Proof
    amount of evidence needed to determine the outcome of a case. The standard is higher in criminal cases than civil ones.
  52. Statutory Interpretation
    • The various methods and tests used by the courts for
    • determining the meaning of a law and applying it to specific situations.
  53. Strict Construction
    way of interpreting the constitution based on its language alone.
  54. Verdict
    final decision in a court case
  55. writ of certification
    an uncommon way in which a case is brought before the supreme court, wherby an appeals court asks the court to clarify the federal law in regards to a case.
  56. writ of certiorari
    the most common way for a case to reach the supreme court in which at least 4 of the 9 justices agree to hear a case that has reached them via an appeal from the losing party in a lower courts ruling.
  57. writs of mandamus
    orders issued by a higher court to a lower court, govt official, or govt agency to perform acts required by law.
  58. Civil Rights
    Rights that guarantee individuals freedom from discrimination. These rights are generally grounded in the equal protection clause of the 14th Amendment and more specifically laid out in laws passed by Congress, such as the 1964 Civil Rights Act.
  59. De Facto
    Relating to actions or circumstances that occur outside the law or “by fact,” such as the segregation of schools that resulted from housing patterns and other factors rather than from laws.
  60. De Jure
    relating to actions or circumstances that occur "by law", such as the legally enforced segregation of schools in the American South before the 60s.
  61. Disenfranchised
    to have been denied the ability to exercise a right, such as the right to vote.
  62. Disparate Impact Standard
    • The idea that discrimination exists if a practice has a
    • negative effect on a specific group, whether or not this effect was intentional.
  63. Grandfather Clause
    A type of law enacted in several southern states to allow those who were permitted to vote before the Civil War, and their descendants, to bypass literacy tests and other obstacles to voting, thereby exempting whites from these tests while continuing to disenfranchise African Americans and other people of color.
  64. Intermediate Scrutiny Standard
    The middle level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law; this is the standard used for gender based discrimination cases and for many cases based on sex orientation.
  65. Jim Crow Laws
    mandated segregation in all public facilities in the South ... between 1876 - 1964
  66. Missouri Compromise
    An agreement between pro- and anti-slavery groups passed by Congress in 1820 in an attempt to ease tensions by limiting the expansion of slavery while also maintaining a balance between slave states and free states.
  67. Protectionism
    the idea under which some people have tried to rationalize discriminatory policies by claiming that some groups like women or african americans should be denied certain rights for their own safety or well-being.
  68. Reasonable Basis Test
    The use of evidence to suggest that differences in the behavior of two groups can rationalize unequal treatment of these groups, such as charging sixteen- to twenty-one-year-olds higher prices for auto insurance than people over twenty-one because younger people have higher accident rates.
  69. Seperate But Equal
    the idea that racial segregation was acceptable as long as the seperate facilities were of equal quality; supported by Plessy v. Ferguson and struck down by Brown v. Board of Education.
  70. Strict Scrutiny Standard
    The highest level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law. It is applied in all cases involving race. Laws rarely pass the strict scrutiny standard; a law that discriminates based on race must be shown to serve some “compelling state interest” in order to be upheld.
  71. Substantive Due Process Doctrine
    One interpretation of the due process clause of the 14th Amendment; in this view the Supreme Court has the power to overturn laws that infringe on individual liberties.
  73. Civil Liberties
    are the political freedoms that protect citizens from govt abuse and they include the right to assemble, to protest, to worship freely, and to keep certain matters private.
  74. Assuring the Concerns of the Antifederalists
    The first congress assured the concerns of antifederalist by ratifying ten protections of individual liberties which became the first ten amendments to the constitution.

    These rights are only guranteed from the National Govt, but not the states. This was upheld by the Supreme Court from constiutional ratification until the Civil War.
  75. Civil War Amendmants: Bill of Rights Application to States
    Congressed passed the 13th-15th amendments with the intent to protect civil liberties from the State. Laws were muted by the Govt.

    Over time, the Supreme Court let up and slowly they extended the protections to the State Level via 14th amendment. This was known as Selective Incorporation which occured on a case by case basis.
  76. Freedom of Speech
    Political Speech is strongly protected though not absolute.

    The court does not allow free speech if it fails to pass the Clear and Present Danger test (developed in 1925).

    Over they've moved towards greater protection of free speech, establishing the direct incitement test which was developed in 1969.
  77. Symbolic Speech
    Supreme Court committed to symbolic speech and has overturned flag burning convictions and allowed people to make contributions to political campaigns.

    It is limited: draft card burning is deemed to conflict with Congress's right to raise an army, and political campaign contributions are capped at a certain level.
  78. Hate Speech
    It is heavily regulated on college campuses, the Supreme Court is remarkably tolerant of hate speech, protecting it as long as it does not present an "intent to intimidate", which is determined by examining the context of the act.
  79. Freedom of Assembly
    Broadly protected by the Supreme Court. Ruled that peacable assemblies are to be allowed for all groups, no matter how unsavory. However, governments are allowed to regulate the time, manner, and place of seembly, as long as it is content-nuetral.
  80. Freedom of the Press
    Widely Protected. The court has not allowed the government to exercise prior restraint even in the case of leaked classified documents to the press. A gag order in a court case does limit the press from describing facts about the case, though these are only issued if the judge believes that the media  contact will undermine a fair trial.
  81. Less Protect Freedoms: Fighting Words, Libel, Slander
    are not protected by the Supreme Court, but the court has placed on high hteshold in determining what constitues an offense, making these difficult to reduce.
  82. Less Protect Freedoms: Commercial Speech
    has evolved over time, from receiving little protection to getting a significant amount. Currently, advertising may be regulated by the government, but the government must demonstrate a good reason to do so.
  83. Less Protect Freedoms: Obscenity and Pornography
    Prohibitions on child pornography are almost univeraally supported but beyond this, the court has had a difficult time defining obscenity. Since 1973, the court has adopted the Miller Test, to help determine what the government can restrict.
  84. Freedom of Religion: The Establishment Clause
    • Establishment Clause: prohibits Congress from favoring any religion. Difficult to create a boundary.
    • Ex) Prayer in Public Schools Allowed Until 1962
    • Other areas of controversy are: Displaying the 10 Commandements, Giving Ta Breaks to Churches, and Subsidies for Private Religious Schools.
    • The Courts developed the Lemon Test, which prohibits "excessive government entangelment in religions", to help determine when the establishment clause is being violated.
  85. Freedom of Religion: Free Excersise Clause
    • Prohibits Congress from Interfering with Religious Practice. The court has generally supported the right to exercise freely, though there are significant limitations.
    • - while the amish cannot be compelled to send their children to school beyond the 8th grade, they are still subject to traffic regulations.
    • - religiously based "conscientious objector", status is genreally permissible to avoid the draft, but polygamy is not allowed, even for religious reasons.
    • - for congress to restrict religious practices, the court has required that the government show a "compelling state interest".
  86. 2nd Amendmant: The Right to Bear Arms
    • Congress, State, and Local Governments had been granted significant autonomy to define their own gun ownership and carrying rights.
    • - exception was the Brady Bill which required a background check and waiting period before purchasing a handgun.

    In 2008, the supreme court struck down a Washington DC, handgun ban, though the ruling stopped short of extending the 2nd amendment protections to the states.
  87. The Rights of Criminal Defendants
    The Fourth, Fifth, Sixth, and Eighth Amendments provide criminal defendants a number of civil liberties restricting what the government can do, based on the ideas of fairness and justice. Based on the Magna Carta, the rights of due process are controversial; as we have difficulty defining exactly what is fair or just.
  88. The 4th Amendment: Unreasonable Searches and Seizures
    4th amendment protects from unreasonable search and sizure become difficult to definer when we balance ones private freedom with the government obligation to provide security.

    Courts generally protect homes from search by issuing warrants before being authorized. There are exclusions such as Cars or Schools Lockers are not subject to the same protection as homes are.

    If evidence has been collected illegally, it is subject to the exclusionary Rule, which prohibits it from being admitted in court, no matter how compelling the evidence is. This right has been incorporated into state law, and is not limited to federal cases.
  89. The 5th Amendment: Self Incrimination
    protect individuals from incriminating themselves in court. The court has established the 5th amendamen Miranda Rights which protect suspects from making confessions unless they are aware that it is free choice.

    Confessions are inadmissible if the police do not read the suspect his or her rights.

    • Exceptions:
    • Inevitable Discovery: exceptions to miranda rights due to concern arisen for public safety
    • Double Jeopardy: occur if the suspect can be tried in the federal court and state court on the same crime or if the suspect is found innocent of criminal charges, civil charges can still be brought against him or her.
  90. The 6th Amendment: Right to Legal Counsel and a Jury Trial
    The right to an attorney has been strengthened over time, and it now stipulates that individuals have the right to one who will provide effective legal counsel even if they cannot afford it.

    Prior to 1963, if you were accused of a felony but could not afford an attorney, you were forced to represent yourself. Following Gideon v. Wainwright, however, the right to counsel was extended to all individuals.

    In addition, individuals have a right to fair and speedy trial, meaning that they cannot be held indefinitely without trial.
  91. The 8th Amendment: Cruel and Unusual Punishment
    At the time of the founding, the death penalty was common but the support waned as time went on.

    The Court has struck down state laws for mandatory death penalty in cases of murder or rape.

    Recently, the Court has stated the mildly retarded, juveniles, and child rapists cannot be put to death either.

    Dealth penalty is inconsistent in its application, particulary to the race of the victime. smoeone who kills a white person is far more likely to be sent to death row than someone who kills a black person.
  92. Privacy Rights
    Privacy rights are never explicitly mentioned in the Constitution: they were established in 1965 in the case of Griswold v. Connecticut, which established that there were implicit “zones of privacy” in the First, Third, Fourth, Fifth, and Ninth Amendments.

    Because it is never explicitly mentioned in the Constitution, the right to privacy is somewhat vulnerable to changes in the composition of the Supreme Court.

    The right to privacy formed the basis of Roe v. Wade, which legalized abortion in 1973.

    • Privacy rights are also extended to the right to die, which has been subject to intense debate: both for those in “persistent vegetative states” and those who
    • are terminally ill and wish to receive assistance in committing suicide
  93. Judicial Review
    Using the 1803 case, Marbury v. Madison established judicial review, giving the court the power to strike down a law or executive action that it finds unconstitional. Judicial review has allowed the Court to gain equal footing in the system of checks and balances and the seperation of powers.

    • When reviewing the constitutionality of law, the Supreme Court can engage in two forms of interpretation:
    • Constitutional Interpretation: is determining whether a law is constitutional
    • Statutory Interpretation: is determing the contexts in which a law applies

    Process of interpreting the Constitution and resolving different interpretations of the law is an extremely political activity.
  94. Plaintiff
    is someone who brings a case to the court, while the defendant is the person against whom a case is brought.
  95. Plea Bargain
    The final decision of the court is verdict. If a case is settled before the end of the trial, the outcome is called a plea bargain.
  96. Criminal Cases
    Criminal Cases - the amount of evidence to reach a decision, or standard of proof, is much higher than it is for civil cases. In criminal cases, the burden of proof is on the plaintiff, who must demonstrate that the defendant is not innocent. However, in civil cases, the burden of proof can apply to either party.
  97. Adversarial System
    meaning that lawyers on both sides get to present their case and challenge the opposing side.
  98. Common Law
    meaning the law is based on previous court cases rather than legislation.
  99. Precedent
    is a powerful legal norm that applies previous court cases to future cases if they address the same legal questions.
  100. Civil Cases
    the plaintiff must have standing in the case, meaning that he or she must be justified in bringing a case to the court. Choosing the appropriate court for a case requires understanding which courts have jurisdiction over the specific legal question.
  101. Federal Courts
    Trial Courts --> Appeals Courts --> Final Appeals Court

    • Constitional Courts: established in Article 3 of the Const
    • Legislative Courts: created by Congress and are inferior to the Supreme Court
  102. District Courts
    are the workhorses of the legal system as the majority of legal action takes place there. There are 89 federal district courts, handling over 250k legal filings per year.
  103. Appeals Courts
    serve as an intermediate level of the courts, where appeals of a lower court decisions are heard. Most cases end here, though very few decisions reached in the appeals courts can be appealed in the Supreme Court as well.
  104. Supreme Court
    is the "court of last resort" for cases appealing decisions at the district and appellate court levels. The Supreme Court resolves conflicts between lower courts, or between state and federal law, or between states in an effort to make sure that the Constitution is consistently applied across the USA.
  105. Selection of State Level Judges
    State Level Judges can be selected a number of ways: appointment by the Govenor, appointment by the State legislature, partisan elections, nonpartisan elections, or via the Missouri Plan, where the judge is selected by the Govenor from a list compiled by a nonpartisan steering committee.
  106. Selection of Federal Judges
    are appointed by the president and the "advice and consent" of the Senate. Many nominations are fierce battles and federal judges have significant influence and life tenure. The constitution does not lisist any qualifications for serving on the federal court.
  107. Presidents Selection of Federal Judges
    broad discretion in whom they appoint, and often attempt to influence the ideological direction of the court. While the president can make a good guess about how a justice is likely to vote, presidential guesses are not always accurate.
  108. The Senates Appointment of Federal Judges
    The senate rarely rejects federal court nominees becauses of qualifications but often does so for political and ideological reasons.

    Though district and appellate court nominations have been contested lately, the norm of senatorial courtesy is still commonly upheld, meaning that the president will consult with his party's senators from the relevant state in choosing a district court nominee.
  109. How Cases Get to the Supreme Court?
    • - 1 percent of the appeals are heard by the court
    • - Sent to Supreme Court in 1 of 4 Ways:
    • 1) Original Jurisdiction -  involves conflicts between two states, foreign ambassadors, or foreign countries
    • 2) Cases on Appeal - are those cases that Congress requires the Supreme Court to hear
    • 3) A Writ of Certification - is issued when an appeals court asks the Supreme Court to clarify a federal law as it applies to a particular case
    • 4) A Writ of Certiorari - is issued when at least four of the nine justices agree to hear a case and is by har the most commo route to the Court.
  110. Criteria for the Selection of Cases to Supreme Court?
    • Requiring Actual "Cases and Controversies":
    • - Collusion - requires that they litigants not agree on the desired outcome of the case, meaning that they are not cooperating or conspiring
    • - Mootness - requires that the controversy still be relevant when the Court hears the case.
    • - Ripeness - requires that the central issue has taken place. The Court will not preemptively act.
  111. Supreme Court Justice Discretion in Hearing Cases...
    • -Justices prep by reading briefs and interest group briefs known as amicus curiae briefs
    • -Hear oral arguments from the lawyers from each party, each side generally getting half an hour to present
    • -Justices then meet in conference to discuss and vote on the cases.
    • -Senior Justice in the Majorit Decides Who Writes the Opinion -  facilitates a number of goals to ensure smooth operation of the Court, plays to individuals areas of expertise, it allows the Court to act strategically based on external relations, internal politics, and the personal policy goals of the opinion assigner.

    Once the majority opinion has been drafted, they are circulated and the justices have the option of joining the majority opinion, writing a seperate concurring opinion, or dissenting.
  112. Legal Factors of Supreme Court Decision Making?
    • Legal Factors
    • - ruling based on precedent involves previous decisions on similiar cases to inform current decisions.
    • - Language of the Constitution:
    • --------Strict Constructionists - argue that the constitution should be interpreted based on its language alone. In places where the wording of the Constituiton are unclear, strict constructivists believe that they should be guided by the original intent of the Founders.
    • --------Critics of Strict Constructionists
    • - argue in favor of a living constitution that takes into accountthe changes in society and national circumstances
  113. Political Factors: Political Ideology
    - Political Ideology: rather than following a nuetral application of the law, justices are subject to political influence. The attitudinal approach argues that there is a liberal-conservative divide on issues such as defendants rights, abortion, or national intervention in the states, and that the justices are ideologically consistent in their rulings across issues.
  114. Political Factors: Strategic Approach
    A strategic approach considers how justices calculate their actions based on the preferences of other justices, the president, and Congress. Under this model, the median voter in Court has significant influence.
  115. Political Factors: Separation of Powers
    • Justices clase on how active the court should be in intervention in the other branches of government. -------Supporters of Judicial Restraint argue that the court should be reserved and defer to other branches of govt, not striking down their laws.
    • -------Supporters of Judicial Activism argue that the Court should be active in interpreting the law, even if it overrules the actions of the elected branches of govt.
  116. Political Factors: Outside Influences - Interest Groups/Public Opinion
      • Public opinion indirectly influences Supreme Court decision making, because Court nominees are selected and approved by the president and the Senate, al of whom are popularly elected.
      • Further, when the public articulates a clear position on an issue, the Court often agrees with the public.
  117. The Court as a Policy Maker

    The court relies on its reputation to gain compliance with its decisions, it often relies on executive or congressional action to support them.

    Generally, the Court is careful not to encroach on the power of either the president or Congress unless it is necessary. It does strike down congressional or presidential action occasionally, as when it required Nixon to submit his secret tapes of the Watergate break-in.
  118. Missouri Compromise of 1820
    an agreement passed by Congress in an attempt to ease tensions by limiting the expansion of slavery while also maintain the balance between slave states and free states.
  119. Missouri Compromise of 1850
    The Compromise of 1850 overturned the Missouri Compromise and allowed each new state to decide for itself whether to be a slave state or a free state.
  120. Dred Scott v. Sanford decision in 1857
    All possibility of further compromise was killed by the Dred Scott v. Sanford decision in 1857, in which the Supreme Court ruled that states could not be prevented from allowing slavery, and that slaves were property with no legal rights.
  121. The Civil War Amendments:
    • - the Thirteenth banned slavery, the Fourteenth guaranteed that states could not deny the newly freed slaves equal protection under the law, and the Fifteenth gave African Americans the right to vote.
    • - Despite the passing of these amendments, blacks were almost completely disenfranchised, or denied the ability to exercise a right (in this case, to vote).
    • - The grandfather clause was enacted in several southern states to allow those who had been able to vote before the Civil War, and their descendents, to bypass literacy tests and other obstacles to voting, thereby exempting whites from these tests while continuing to disenfranchise African Americas and other people of color.
  122. The Civil Rights Acts of 1866 and 1875
    The Civil Rights Acts of 1866 and 1875 were supposed to outlaw segregation and provide equal opportunity for blacks, but there were not enforcement provisions.
  123. Jim Crow laws
    State and local laws that mandated racial segregation in all public facilities in the South, many border states, and some northern communities between 1876 and 1964. The Supreme Court validated these practice in Plessy v. Ferguson (1896) in establishing the “separate but equal” doctrine, the idea that racial segregation was acceptable as long as the separate facilities were of equal quality.
  124. Plessy v. Ferguson (1896)
    Established the “separate but equal” doctrine, the idea that racial segregation was acceptable as long as the separate facilities were of equal quality.
  125. Brown v. Board of Education (1954)
    Brown v. Board of Education (1954) rejected “separate but equal” and Brown II (1955) ordered that public schools be desegregated.
  126. Women and Civil Rights
    Women were not given the right to vote until 1920, when the Nineteenth Amendment was ratified. The fact that women held very few rights was rationalized through protectionism, the idea that some groups, like women or African Americans, should be denied certain rights for their own safety or well-being.
  127. Protectionism
    the idea that some groups, like women or African Americans, should be denied certain rights for their own safety or well-being.
  128. Civil rights issues remain important today because:
    • 1) the effects of slavery and the Jim Crow laws are still quite evident
    • 2) active discrimination is still evident in our society today.

    Those who take the position that we must “move beyond race” argue that we already have achieved a level playing field on which people of different races have equal opportunities to succeed. They argue that efforts to make up for past discrimination only perpetuate racial discrimination by classifying people based on race.
  129. The Racial Political divide
    s mostly evident in lower levels of voter turnout among racial minorities relative to whites. While different ranges of voter turnout can by accounted for by education and income, there are many examples of practices and institutions designed to depress minority turnout.
  130. Racial Economic and Social Divide
    • The racial divide is also evident in social and economic terms. Nearly three times as many black families are below the poverty line as white families. The average white household has nearly six times the assets of a typical nonwhite family. Poverty is not distributed equally throughout the United States, but rather is concentrated in areas where the minority population is the highest.
    • The rate of black, adult male unemployment has been about twice as high as that of white adult males for the past forty-five years. Furthermore, on every measure of health--life expectancy, infectious diseases, infant mortality, cancer rates, heart disease, and strokes--the gaps between whites and blacks are large, and in many cases, they are growing.
    • The greatest disparity between racial minorities and whites may be in the criminal justice system. Blacks are not only more likely than whites to be convicted for the same crimes, but blacks also serve longer sentences than whites for committing the same crime. African Americans and minorities are also subjected to hate crimes much more frequently than whites.
  131. Policy Making Process
    Our system of separated and shared powers almost ensures that each of the three branches has some say in making policy. The policy-making process in the area of civil rights provides insight into the importance of federalism. While the national government was instrumental in winning equality for blacks, state and local governments have taken the lead role in fighting for gay rights.
  132. Policy Making Process: Social Movements
    Activists have been instrumental in pressuring the political system to change its civil rights policies. The civil rights movement of the 1950s and 1960s, aimed at ending segregation and gaining equal political and social rights for blacks, is the most famous example of a successful social movement.
  133. Social Movement: Nonviolent Protest
          • During the civil rights movement of the 1950s and 1960s, the Student Nonviolent Coordinating Committee (SNCC) was created to coordinate protests. Sit-ins marked an important shift in the tactics of the civil rights movement away from the court-based approach and toward the nonviolent civil disobedience that had been successful in earlier times.
  134. Social Movement: The Letter from the Birmingham Jail
          • King wrote his famous “Letter from the Birmingham Jail,” an eloquent statement of the principles of nonviolent civil disobedience. King presented the justification for civil disobedience, writing that everyone had an obligation to follow just laws, but an equal obligation to break unjust laws.
  135. Policy Making: The Judicial Arena
    In the early years of the civil rights movement in the 1930s and 1940s, the Supreme Court provided most of the successes, especially in voting rights and desegregation.
  136. Challenging “Separate but Equal” in Education
    The National Association for the Advancement of Colored People (NAACP) decided to fight segregation by pointing out the various ways in which states kept blacks out of all-white law schools.

    In a landmark decision, the application of the Fourteenth Amendment was expanded in Brown v. Board of Education (1954), which required all public schools in the United States to desegregate.
  137. The Push to Desegregate Schools
    In 1955, Brown v. Board of Education II addressed the implementation of desegregation and required the states to “desegregate with all deliberate speed.”

    In 1971, the Court shifted its focus from de jure segregation—segregation mandated by law—to de facto segregation—segregation that existed because of housing patterns—and approved school busing as a tool to integrate schools

    In 2007, the Court invalidated voluntary desegregation plans implemented by public school districts. Endorsing the color-blind approach, the majority opinion said, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
  138. Expanding Civil Rights
    In 1971, the Court ruled that employment tests not related to job performance and that discriminate against blacks violate the 1964 Civil Rights Act.

    Many cases upheld the disparate impact standard, the idea that discrimination exists if a practice has a negative effect on a specific group, whether or not this effect was intentional.
  139. The Color-Blind Court and Judicial Activism
    The Roberts and Rehnquist Courts of the past two decades have been gradually imposing a “color-blind jurisprudence” over a broad range of issues. If race is the predominant factor in drawing district lines, the districts are unconstitutional because they violate the equal protection clause of the Fourteenth Amendment.

    The Supreme Court is increasingly activist in civil rights. The Court is unwilling to defer to any other part of government if that branch disagrees with its view of discrimination and equal protection.
  140. Women’s Rights
    At one time discrimination between men and women was identified using the reasonable basis test, the use of evidence to suggest that differences in the behavior of two groups can rationalize unequal treatment of these groups.

    In 1976 the Court established a new intermediate scrutiny standard, the middle level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law; this is the standard used for gender-based discrimination cases and for many cases based on sexual orientation.

    The strict scrutiny standard is the highest level of scrutiny the courts use when determining whether unequal treatment is justified by the effects of a law. It is applied in all cases involving race. Laws rarely pass the strict scrutiny standard; a law that discriminates based on race must be shown to serve some “compelling state interest” in order to be upheld.
  141. Gay Rights
    The Supreme Court struck down an amendment to the Colorado state constitution that would have prevented gays from suing for discrimination in employment or housing

    The Supreme Court also ruled that the liberty guaranteed by the Fourteenth Amendment’s due process clause allows homosexuals to have sexual relations. The reasoning is rooted in the substantive due process doctrine, one interpretation of the due process clause of the Fourteenth Amendment under which the Supreme Court has the power to overturn laws that infringe on individual liberties.
  142. Policy Making: The Legislative Arena
    The bedrock of equal protection that exists today stems from landmark legislation passed by Congress in the 1960s.
  143. The Civil Rights Act
    barred discrimination in employment based on race, sex, religion, or national origin, banned segregation in public places, and set up the Equal Employment Opportunity Commission as the Enforcement agency for the legislation.
  144. The Voting Rights Act of 1965
    • eliminated direct obstacles to minority voting in the South such as discriminatory literacy tests and other voter registration tests and also provided means to enforce the law.
    • 1975: Coverage was extended to language minorities.
    • 1982: Certain provisions of the law were extended for twenty-five years and it was made easier to bring a lawsuit 1991: A new Civil Rights Act was passed which increased the cost to employers for intentional, illegal discriminationunder the act.
    • 2006: The VRA was extended for another twenty-five years.
  145. The Fair Housing Act of 1968
    barred discrimination in the rental or sale of a house.
  146. Title VII of the Civil Rights Act
    barred discrimination based on gender, began to be enforced in 1970.
  147. In 1972, Title IX of the Higher Education Act
    prohibited sex discrimination in institutions that receive federal funds
  148. In 1994, the Violence Against Women Act
    allowed women who were the victims of physical abuse and violence to sue in federal court.
  149. 1990 Americans with Disabilities Act
    provided strong federal protections for the 45 million disabled Americans.
  150. Defense of Marriage Act in 1996
    which says that if gay marriages are allowed in one state, they must be recognized in all other states, with the idea of suppressing gay marriage. Congress recently proposed an amendment to the Constitution to ban gay marriage.
  151. Policy Making: The Executive Arena
    President Truman integrated the armed forces in 1948.

    President Eisenhower used the National Guard to enforce a court order to integrate Central High School in Little Rock, Arkansas in 1957.

    Executive orders by Kennedy and Johnson in 1961 and 1965, respectively, established affirmative action.

    Clinton attempted to end the ban on gays in the military. Because of strong resistance, a “don’t ask, don’t tell” compromise was met

    civil rights concerns in the executive branch has primarily been in two areas in the past fifteen years: racial diversity in presidential appointments and use of the bully pulpit to promote racial concerns and interests.

    Obama’s victory may signal the beginning of a new “post-racial politics” that places less emphasis on race and devotes more attention to issues that concern all Americans, such as the economy, education, and health care.
  152. There are three main perspectives regarding the future direction of the civil rights movement:
    • 1) Our nation must move beyond race. The Supreme Court endorses this perspective with “color-blind” jurisprudence.
    • 2) The civil rights movement must continue to fight for the equality of opportunity by enforcing existing laws and pushing for equality of outcomes by protecting and expanding racially targeted affirmative action programs and other policies that address racial inequality.
    • 3) Integration is not a realistic goal. African Americans can never gain equality within what they see as the repressive, white-dominated economic and political system.
  153. Affirmative Action
    The Civil Rights Act of 1964 ensured that, at least on paper, all Americans would be equal. Blacks still lagged behind whites in socioeconomic status; there was still a gap in the equality of opportunity and the equality of outcomes.

    Beginning in 1965, President Johnson tried to address these inequalities with a policy of affirmative action.Special opportunities were given to minorities and women, either to make up for past patterns of discrimination or to pursue the general goals of diversity.

    The most passive form is extra effort to recruit women and minorities. A more active form is to include race or gender as a “plus factor” in the admissions or hiring decision.

    The strongest form is the use of strict quotas to admit or hire a specific number of applicants from underrepresented groups.

    • Affirmative action has been a controversial policy. Many whites view is as “
    • "Preferential treatment” - , preferential treatment and even rigid quotas were upheld when the policies were needed to make up for past discrimination. As the Court moved toward a color-blind approach, however, “generalized assertions” of past discrimination were not enough to justify rigid quotas

  154. University of California Regents v. Bakke (1978)
    the Court ruled that rigid racial quotas were unconstitutional, but allowed race to be a “plus factor” used in admissions decisions.
  155. Alexander v. Sandoval (2001)
    the Court ruled that individuals may not sue federally funded state agencies over policies that have a discriminatory effect on minorities under Title VI.
  156. September 11 Terrorist Attacks,
    the government made it clear that it would not engage in racial profiling of Arab Americans, but many commentators argued that such profiling would be justified.
  157. Proposition 187 in 1994
    which denied most public benefits to illegal immigrants but was viewed by critics as discriminatory to Mexican Americans.

    Republicans favored the proposition, while Democrats opposed it.

    Democrats won the 1998 gubernatorial race in California with the strong support of Hispanics. Subsequently, Republicans softened their position on immigration, with President George W. Bush leading the party’s movement in this direction.
  158. The _____ eliminated direct obstacles to minority voting in the South such as discriminatory literacy tests and other voter registration tests and also provided means to enforce the law.
    Voting Rights Act of 1965
  159.  At one time discrimination between men and women was identified using the reasonable basis test, the use of evidence to suggest that differences in the _____ of two groups can rationalize unequal treatment of these groups.
  160. _____ is the idea that some groups, like women or African Americans, should be denied certain rights for their own safety or well-being.
  161. Which of the following amendments provides the most substantial grounding for modern civil rights legislation?
  162.  Which of the following established the separate but equal doctrine?
    Plessy v. Ferguson (1896)
  163. In 1957, the U.S. Commission on Civil Rights was established to investigate acts of discrimination regarding all of the following except:
    sexual orientation
  164. The Civil Rights Act established the _____ as the enforcement agency for the legislation.
    Equal Employment Opportunity Commission (EEOC)
  165. The 13th, 14th, and 15th Amendments are known as
    Civil War Amendments
  166. Nearly_______ times as many black families are below the poverty line as white families
  167. Under the strict scrutiny standard, a law that discriminates based on race must be shown to serve some _____ in order to be upheld
    • “compelling state interest”
  168. Nearly_______ times as many black families are below the poverty line as white families
  169.  Under Chief Justices Roberts and Rehnquist, the legislative redistricting process had to avoid discriminatory results rather than being concerned with discriminatory intent.

  170.  White people will no longer constitute a majority of the population of the United States by the middle of the twenty-first century. TRUE OR FALSE
  171.  Title IX of the Higher Education Act of 1972 prohibited sex discrimination in institutions that receive federal funds.

  172. The _____ holds that discrimination exists if a practice has a negative effect on a specific group, whether or not this effect was intentional.
    disparate impact standard
  173. In 2000, people were first allowed to check more than one racial category to reflect the growing reality of a multiracial United States. TRUE OR FALSE
  174. The Warren and Rehnquist courts worked to gradually impose a “color-blind” jurisprudence over a broad range of issues.

    • FALSE
  175.  The Supreme Court ruled that the liberty guaranteed by the 14th Amendment’s due process clause allows homosexuals to engage in sexual relations with one another. The reasoning behind this decision is rooted in which of the following doctrines?
    substantive due process doctrine
  176.  In the landmark decision of _____, the Court ruled that rigid racial quotas were unconstitutional, but allowed race to be a “plus factor” used in admissions decisions.
    University of California Regents v. Bakke (1978)
  177.  The Missouri Compromise of 1820 was an agreement passed by Congress to ease tensions between:
    slave states and free states.
  178.  During the civil rights movement of the 1950s and 1960s, the _____ was created to organize protests.
    Student Nonviolent Coordinating Committee (SNCC)
  179. In its fight against segregation, the NAACP cited disparities in _____ between white and black law schools in Texas.
  180.  In the first endorsement of civil rights for gays, the Supreme Court struck down an amendment to the Colorado state constitution that would have prevented gays from suing for discrimination in employment or housing. TRUE OR FALSE
  181.  In his “Letter from the Birmingham Jail,”
    presented the justification for civil disobedience, writing that everyone had an obligation to follow just laws, but an equal obligation to break unjust laws.
  182.  In 1994, voters in California adopted Proposition 187
    denied most public benefits to illegal immigrants. Republicans favored the proposition, while Democrats opposed it.
  183. The _____ barred discrimination in the rental or sale of a house
    Fair Housing Act of 1968
  184.  The Constitution states requirements for serving on federal courts, just as it does for members of Congress and the president.  True or False
  185.  Statutory interpretation
    involves courts determining the meaning of laws and applying them to specific situations.
  186.  What is a class action lawsuit?
    a civil lawsuit brought by a group of individuals
  187. In a criminal case, the burden of proof always rests with the state, which must prove the guilt of the defendant. TRUE OR FALSE
  188.  Appellate jurisdiction refers to the Supreme Court’s authority to decide whether a law is constitutional. True or False.
  189. When the Senate refuses to confirm a Supreme Court nominee, it is typically because of his/her qualifications, not for political reasons.
    Typically for political reasons and not because of his/her qualifications.
  190. Which of the following statements regarding standards of proof is true?
  191. Who writes a concurring opinion?
  192.  Which president threatened to pack the Court with justices who would support his policies?
    Franklin Roosevelt
  193.  Which of the following statements accurately describes the difference between a plaintiff and a defendant?
    A plaintiff brings a case, and a defendant is sued or charged with a crime.
  194. The number of opinions issued by the Supreme Court has doubled in the last twenty years.
  195. Who typically submits amicus curiae briefs, conveying their opinions on a case to the Supreme Court?
    interest groups
  196. Which of the following is not one of the ways in which states select state-level judge
    nomination by the state’s senior U.S. senator
  197. Since Supreme Court justices are not elected, public opinion has little to no influence on the Court’s decisions. True or False.
  198. The term precedent refers to:
    a legal norm that applies to future cases.
  199.  Which of the following court cases set the precedent for judicial review?
    Marbury v. Madison (1803)
  200. The United States is currently the only country in the world that practices judicial review. TRUE OR FALSE.
  201. The Judiciary Act of 1789 did all of the following
    • -refine and clarify the jurisdiction of federal courts
    • -set the number of Supreme Court justices as 6
    • -create a system of federal courts
  202. Which state does not practice common law but follows practices of civil law?
  203. How does a case get to the Supreme Court?
    • - original jurisdiction
    • - writ of certifcation
    • - writ of certiorari
  204. Judicial restraint approach to deciding Supreme Court cases says ...
    that justices should attempt to defer to the elected branches of government and not contradict their actions.
  205.  It is easiest for the Supreme Court to encourage compliance with a decision that:
    is highly visible and primarily affects only one party.
  206. The framers of the Constitution generally agreed that the judiciary should be the _______ branch of government.
    Most Powerful
  207. Senatorial courtesy refers to:
  208. Jurisdiction
    refers to a court’s authority to hear and decide cases.
  209. Judicial review
    allows the Supreme Court to be an equal partner in the institutional balance of power among the branches of the federal government.
  210. The term standing refers to:
    the legitimate justification for bringing a civil case to court.
  211.  Battles between the president and Congress over federal court nominees have become _______ common over time
  212. Which of the following is the typical criterion that the Supreme Court uses to decide which cases to hear?
    • -Ripeness
    • -Mootness
    • -Collusion
  213. Which of the following evidence is not allowed in court under the 4th Amendment’s exclusionary rule?
    searching a home for an escaped prisoner, but arresting the occupant for illegal pornography
  214. Which of the following forms of speech is the Supreme Court least likely to allow regulation on?
    hate speech
  215.  Commercial speech has become_______ protected by the Supreme Court over time.
  216. The due process clause of the 14th Amendment does what?
    forbids state governments from denying “life, liberty or property” to any person without due process of law.
  217. Libel and Slander???
    Libel and slander are forms of false statements meant to damage a person’s reputation.

    Libel is written, slander is spoken.

    Winning a libel suit generally requires proving that the statement was made “with actual malice.”
  218. Miller Test of Obscenity Is???
  219.  The Supreme Court has ruled that campaign contributions can be considered symbolic speech, and thus should generally be protected. TRUE OR FALSE
  220. The original language of the free exercise clause requires that Congress demonstrate a “compelling state interest” before limiting religious freedoms. True or False
  221.  The current legal standard for libel does or does not distinguishes between public figures and regular people.
  222. The right to privacy was established in which case?
    Griswold v. Connecticut
  223.  A gag order prevents or does not prevent the media from publishing materials that threaten national security.
  224. Which amendment in the Bill of Rights has not been applied to the states via selective incorporation?
    The 2nd Amendment: Right to Bear Arms
  225. Which of the following civil liberties has been strengthened over time?
    Right to attorney (6th Amendment)
  226. The Bill of Rights applies only to the national government?
  227. If the Supreme Court were to consider the speech codes (regulations on hate speech) that are common on college campuses, they be likely to:
    Find that speech codes are not constitutional because they are not “content neutral”
  228. Which was not one of the provisions of the Civil War amendments?
  229. What are the provisions of the Civil War Amendments?
    • -abolish slavery
    • -granted civil liberties to former slaves
    • -gave voting rights to former male slaves
  230.  In Schenk v. United States, the Supreme Court adopted which test to determine if speech is considered dangerous and would not be legally protected?
    clear and present danger test
  231. For fighting words to be regulated, they must be directed at a group, not a person???
    they may be directed at an individual, group, or more.
  232. Which of the following acts of prayer has the Court struck down under the establishment clause?
    an Alabama public school practice of observing a one minute moment of silence for “meditation or voluntary prayer”.
  233.  The Supreme Court restricts symbolic speech or verbal speech more???
    Restricts verbal speech more than symbolic speech.
  234. In the case of neo-Nazis marching in the predominantly Jewish town of Skokie, Illinois, how did the courts rule?
    The town had to allow the march and protect the Nazis from violent attacks by the town’s residents, but could not charge a higher permit fee.
  235. The Courts does or does not allow the government to regulate the time, manner, and place of expression of an assembly, regardless of the content neutrality of the regulation.
  236. The Lemon test is designed to determine whether a practice violates the 1st Amendment’s establishment clause. Which of the following is not component of the Lemon test?
    determining if governments can force Amish parents to send their children to high school
  237. Components of Lemon Test?
    • -determining if government involvement has a secular legislative purpose
    • -
    • -
  238. Which group threatened to oppose ratification of the Constitution unless a bill of rights was included?
    Northern Colonies
  239. The Supreme Court has or has not ruled that the death penalty was unconstitutional.
    Has ruled it as unconstitutional.
  240. What is “selective incorporation”?
    the Supreme Court using the 14th Amendment to apply civil liberties in the Bill of Rights to the states on a case-by-case basis.
  241. Under what context is “prior restraint” relevant?
    the Courts allowing the media to publish a leaked, classified document, the Pentagon Papers
  242. Which of the following is true regarding the difference between civil rights and civil liberties?
    Civil rights are guaranteed by the “due process” protection of the 14th Amendment.
  243. The free exercise clause is or is not primarily concerned with Congress sponsoring or favoring a specific religion.
    IS NOT
  244. Article 3 - Normal Courts
    • All are appointed \for good behavior"
    • All are con rmed by the Senate
    • All have salary protection
  245. Federal Judges Who Have Been Impeached:
    • John Pickering Insanity (drunkenness and unlawful rulings), 1804
    • West Humphreys Secessionist, 1862
    • Robert Archbald Corruption, 1912
    • Halsted Ritter Corruption / abuse of oce, 1936
    • Harry Claiborne Corruption, 1986
    • Alcee Hastings Corruption, 1988, acquitted in criminal trial
    • Walter Nixon Corruption/perjury, 1989
  246. How many district courts are there?
    94 with 5 being territorial and DC
  247. Courts of original jurisdiction / trial courts decide ...
    • Decide matters of fact
    • Decide matters of law
  248. How Many Circuit Courts?
    13 Circuits
  249. What are Appellate Courts?
    • Decide (review) only matters of law
    • Look at lower court decisions
    • -Did the lower court interpret the law correctly?
    • -Did the lower court admit evidence that was inadmissible?
    • -Did the lower fail to follow important precedents?
    • -Is the law constitutional?
  250. Selection to State Courts?
    • Partisan Election
    • NonPartisan Election
    • Appointment by the Governor or Legislature
    • Missouri / Merit Plan
  251. What is Judicial Review?
    • Doctrine that the courts can overturn laws that violate theConstitution
    • Nowhere speci cally granted in Constitution
    • Arises from Marbury v. Madison (1803)

    However US Sup.Ct. avoids overturning federal laws when it can
  252. How to Obtain Writ of Cert? The Supreme Court is most likely to hear a case if ...
    • lower court has ignore Supreme Court precedent
    • federal district or circuit courts disagree
    • federal law has been held unconstitutional in a lower court
    • federal law was upheld against a strong constitutional claim
    • a state law or constiution was upheld against the challenge that violates federal law or the U.S. Constitution
  253. How do Supreme Court Justices Decide?
    • Judicial Restaint vs. Judicial Activism
    • Original Intent
    • Literlaism
    • Interpretivism / Living Constiution
  254. The Courts Opinion is ...
    Assigned by Most Senior Justice in Majority and Carries Legal Decision and Orders
  255. A Concurring Opinion ...
    • Agrees with the decision (afirm or reverse)
    • However it disagrees with the reasoning in the Courts opinion
  256. A Dissenting Opinion ...
    • disagrees with both decision and reasoning
    • appeal to the future
  257. 1st Amendment
    Congress shall make no law respecting an establishment of religion,or prohibiting the free exercise thereof; or abridging the freedom ofspeech, or of the press; or of the right of the people peaceably toassemble, and to petition the Government for a redress ofgrievances.
  258. Prayer in public schools:Engel v. Vitale 1962
    was a landmark United States Supreme Court case that determined that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.
  259. Lamb's Chapel v. Center Moriches School District 1993
    allowed that a school could show religious orientated movies at the school ..........protected as free speech
  260. Mergens 1990
    • held that the club could hold their meetings, however their sponsor
    • could not be paid; this would truly be an endorsement of religion.
    • The school's situation was placed under the Equal Access Act because it allowed other ‘limited open forums’. The Lemon Test is used to ensure that the Equal Access Act is constitutional
  261. Lemon v. Kurtzman 1971 sets up a 3-part test
    • 1 Does the law have a rational secular purpose?
    • 2 Does the law neither advance nor inhibit religion? (Is itneutral?)
    • 3 Does the law create any \excessive entanglements" betweenchurch and state?
  262. Edwards v. Aguillard 1987
    • The Court ruled that a Louisiana law requiring that creation science be taught in public schools, along with evolution,
    • was unconstitutional because the law was specifically intended to advance a particular religion. It also held that "teaching variety of scientific theories about the origins of humankind to school children might be validly done with the clear secular intent of enhancing the effectiveness of science instruction."
  263. Kitzmiller v. Dover Area School District 2005
    The plaintiffs successfully argued that intelligent design is a form of creationism, and that the school board policy violated the Establishment Clause of the First Amendment to the United States Constitution. The judge's decision sparked considerable response from both supporters and critics.
  264. Free exercise of religion or Religious Tolerance
    • Principles go back to John Locke (remember him?)
    • Facially neutral laws of general application can still punish youfor doing something that your religion tells you to do\
    • My religion commands it" does not normally excusedisobedience to the law
  265. Free Exercise of Religion Examples
    • Church of Lukumi Babalu Aye v. Hialeah 1993
    • -Because the ordinance suppressed more religious conduct than was necessary to achieve its stated ends, it was deemed unconstitutional
    • Goldman v. Weinberger 1986
    • -constituitonal to prohibit yarmulke indoors of military personnel ... justification for this was a need to "foster instinctive obedience, unity, commitment, and esprit de corps."
    • Bowen v. Roy 1986
    • -The Supreme Court ruled that, the government's use of a Social Security number for the child did not impair her family's freedom to "believe, express and exercise" their religion, the plaintiffs' claim was without merit.
    • WI v. Yoder 1972
    • - States cannot force amish individuals to attend school when it infringes on their First Amendment rights. In this case, the state of Wisconsin interfered with the practice of a legitimate religious belief.
  266. Freedom of Speech: Schenck v. US, 1919
    In other words, the court held, the circumstances of wartime permit greater restrictions on free speech than would be allowed during peacetime.

    Ultimately, the case established the "clear and present danger" test, which lasted until 1969 when protection for speech was raised in Brandenburg v. Ohio to "Imminent lawless action".
  267. Expanding Free Speech: Brandenburg v. OH 1969
    - the Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.

    • Other restrictions on speech:
    • Time, place, manner, Fighting words
  268. Free Press - Prior Restraint
    prohibiting someone from publishing something

    Actual censorship instead of punishment after the fact

    • Near v. MN 1931
    • -. The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution

    • New York Times v. US 1971
    • - The ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.
  269. Free Press: Libel
    publishing something false and defamatory aboutsomeone. Not protected by First Am.

    investigative journalists will sometimes publishat-least-technically false things

    • New York Times v. Sullivan 1964
    • - The actual malice standard requires that the plaintiff in a defamation or libel case prove that the publisher of the statement in question knewthat the statement was false or acted in reckless disregard of its truth or falsity.
  270. Fourth amendment: search and seizure
    Prohibits \unreasonable" searches and seizures

    • How to prevent?
    • Exclusionary rule { illegal evidence can't be used in court
    • Big case: Mapp v. OH, 1961
  271. Exceptions to Exclusionary Rule
    • Good faith
    • Inevitable discovery
    • Independent evidence
  272. Permitted warrantless searches
    • Consent
    • Incident to arrest
    • Hot pursuit
    • Motor vehicles
    • Plain sight / \open fields"
  273. Fifth and sixth amendments: self-incrimination and counsel
    Powell v. AL, 1932 -decision which determined that in a capital trial, the defendant must be given access to counsel upon his or her own request as part of due process.[1]

    Gideon v. Wainright, 1963 - the Supreme Court unanimously ruled that state courts are required under the Fourteenth Amendment to provide counsel in criminal cases for defendants who are unable to afford to pay their own attorneys

    Escobedo v. IL, 1964 - holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment.

    Miranda v. AZ, 1966 - must be informed of rights, givenopportunity to have legal counsel
  274. Eighth amendment - cruel and unusual punishment
    Furman v. GA, 1972 - current system unconstitutional

    Gregg v. GA, 1976 - Revamped system is constitutional(separate sentencing phase)

    • The strange case of Mitchell Rupe - Rupe was convicted for aggravated murder for fatally shooting two bank tellers in Olympia, Washington during a bank robbery in 1981. His death sentence was overturned twice, the second time being in 1994 when United States federal judge
    • Thomas S. Zilly ruled that Rupe was too heavy to hang. Rupe was over 425 pounds at the time (as high as the scale went) and the judge was concerned that execution by hanging could cause Rupe to be decapitated, which would constitute cruel and unusual punishment.
  275. Ninth Amendment: Right to Privacy
    Griswold v. CT, 1965- ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives.

    Roe v. Wade, 1973 - that a right to privacy under the due process clause of the 14th Amendment extended to a woman's decision to have an abortion, but that right must be balanced against the state's two legitimate interests in regulating abortions: protecting prenatal life and protecting women's health.

    • Planned Parenthood v. Casey, 1992 - he Court's plurality opinionupheld the constitutional right to have an abortion and altered the standards.
    • 1)Notify of Health Concerns
    • 2) Parental Consent
    • 3)Spousal Notice
    • 4)24 Holding Period
    • 5)Instiution Reporting Mandates
  276. Sodomy Laws
    • Bowers v. Hardwick, 1986
    • - criminalizing oral and anal sex in private between consenting adults when applied to homosexuals.

    TX v. Lawrence 2003 - Lawrence invalidated similar laws throughout the United States that criminalized sodomy between consenting adults acting in private, whatever the sex of the participants.
  277. Tactics to Stop Minorities from Voting
    • White primary
    • Literacy test
    • Poll tax
    • Grandfather clause
  278. Voting Discrimination in the courts
    Guinn v. US 1915 - It was an exemption that favored white voters while it disfranchised black voters, most of whose grandfathers had been slaves and therefore unable to vote before 1866

    Smith v. Allwright 1944 - was a landmark decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation. It overturned the Democratic Party's use of all-white primaries in Texas, and other states where the party used the rule.

    Gomillion v. Lightfoot 1960 - which held that the Act did violate the provision of the 15th Amendment prohibiting states from denying anyone their right to vote on account of race, color, or previous condition of servitude
  279. Voting and constitutional amendments
    • 15: Race, color, previous condition of servitude
    • 19: Sex
    • 23: DC
    • 24: Tax payment
    • 26: Age (over 18)
  280. Voting Rights Act
    • Initially passed 1965
    • Extended 1970,75,82,06
    • Enforces 14th Amendment \equal protection"
    • Plain old law

    Bans some electoral practices----- Literacy tests---- Anything with discriminatory intent / e ffect ---Prohibited everywhere

    Requires "preclearance" in parts of US - Changes in electoral law / practice frozen - US (DoJ or DC Dist Ct) must approve changes before take e ffect - locality must prove no discriminatory intent or eff ect.
  281. Plessy v. Ferguson (1896)
    is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal."[
  282. Sweatt v. Painter (1950)
    was a U.S. Supreme Court case that successfully challenged the "separate but equal" doctrine of racial segregation established by the 1896 case Plessy v. Ferguson. The case was influential in the landmark case of Brown v. Board of Education four years later.

    The case involved a black man, Heman Marion Sweatt, who was refused admission to the School of Law of the University of Texas, whose president was Theophilus Painter,on the grounds that the Texas State Constitution prohibited integrated education. At the time, no law school in Texas would admit black students, or, in the language of the time, "Negro" students.
  283. Brown v. Board of Education of Topeka
    the Court declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which allowed state-sponsored segregation. Handed down on May 17, 1954, the Warren Court's unanimous (9–0) decision stated that "separate educational facilities are inherently unequal." As a result, de jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. This ruling paved the way for integration and was a major victory of the civil rights movement.
  284. Little Rock 1957
    students were initially prevented from entering the racially segregated school by Arkansas Governor Orval Faubus, and then attended after the intervention of President Eisenhower, is considered to be one of the most important events in the African-American Civil Rights Movement.
  285. State makes distinction on basis of race, religion, origin

    Laws receive  - "strict scrutiny"
    • Must serve compelling state purpose
    • Must be narrowly tailored means
    • Must be no less restrictive means
  286. Intermediate scrutiny
    • Classi cation by sex, legitimacy, some armative action
    • State must show important purpose (not compelling)
    • Means must be \substantially related" to goal (notleast-restrictive)
  287. Rational purpose
    • Other classi cations, usually incl.
    • sexual orientation
    • Legitimate state objective (goal is not forbidden)
    • Minimally rational link between means and end
  288. 1967 Loving v. Virginia
    was a landmark civil rights case in which the United States Supreme Court, in a unanimous decision, declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby overturning Pace v. Alabama (1883) and ending all race-based legal restrictions on marriage in the United States.
  289. Armative action
    Drawing some sort of racial distinction now to remedy past discrimination
  290. Bakke 1978
    was a landmark decision by the Supreme Court of the United States that ruled unconstitutional the admission process of the Medical School at the University of California at Davis,which set aside 16 of the 100 seats for "Blacks," "Chicanos," "Asians,"and "American Indians" (and established a separate admissions process for those 16 spaces).The "diversity in the classroom" justification for considering race as "one" of the factors in admissions policies was different from the original purpose stated by UC Davis Medical School
  291. Private segregation
    • Housing markets
    • Public accommodations
    • Hiring and promotion
  292. Housing Segregation
    • 1948 Shelley v. Kraemer
    • is a United States Supreme Court case which held that courts could not enforce racial covenants on real estate. Racially restrictive covenants are legal but unenforceable
  293. Civil Rights Act of 1964
    • Outlaws discrimination in public accommodations
    • Outlaws discrimination in employment
  294. Civil Rights Act of 1968
    Extends civil-rights protections to housing markets via Fair Housing Act, ext. 1988, 1990

    Prohibits discrimination in sale, rental, nancing

    Still continues, usually by proxy (redlining)
  295. Sexual orientation in the near future
    Courts more willing to nd, protect gay/lesbian rights

    • 1996 Romer v. Evans
    • is a landmark United States Supreme Court case dealing with civil rights and state laws. It was the first Supreme Court case to deal with LGBT rights since Bowers v. Hardwick (1986), when the Court had ruled that a law criminalizing sodomy was constitutional.