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Gov chap5-6
gov
89
Other
12th Grade
10/12/2007

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Cards

Term
The sedition act of 1798
Definition
Chapter 5
One cannot write, utter, or publish "any false scandalous, malicious writing" with the intention of defaming the president.

This occurred during the French Revolution
Term
The Espionage and Sedition Acts of 1917 and 1918




chp 5
Definition
These laws made it a crime to utter false statements that would interfere with the American military-WWI-Redscare lead by Attorney General A. Mitchell Palmer.
Term

When did the swarm of Irish Catholics come to America and why?

Definition
Chapter 5
Potato famine in mid 1800's
Term
14th Amendment
Definition
No state shall "deprive any person of life, liberty, or property without due process of law, or deny any person within its jurisdiction the edual protection of the laws."


Chp 5
Term
Due process of law
Definition
Denies the goverment the right, without due process, to deprive people of life, liberty, and property.


Chp 5
Term
Equal protection of the law
Definition
A standard of equal treatment that must be observed by the government.

Chp 5
Term
Gitlow v. NY
Definition
(1925) Supreme Court says the First Amendment applies to states.

Chp5
Term
Palko v. Connecticut
Definition
(1937) Supreme Court says that states must observe all fundamental liberties.

Chp5
Term
Selective Incorporation
Definition
Court cases that apply Bill of Rights to states.

Chp5
Term
Freedom of expression
Definition
Right of people to speak, publish, and assemble.

Chp5
Term
Freedom of Religion
Definition
People shall be free to exercise their religion, and government may not establish a religion.

Chp 5
Term
Prior Restraint
Definition
Censorship of a publication.

Chp 5
Term
The clear-and-present-danger test
Definition
Laws should not punish speech unless there was a clear and present danger of producing harmful actions.

Chp 5
Term
Which forms of speech are not protected?
Definition
Libel-Writing that falsely injures another person.

Obscenity can be regulated by the state

Symbolic speech-An act that conveys a political message.

Chp 5
Term
Chaplinsky v. New Hampshire
Definition
(1942) "Fighting words" are not protected by the First Amendment.
Term
Colin v. Smith
Definition
(1978) The Nazi party may march through a largely Jewish neighborhood.

Chp 5
Term
McConnell v. Federal Election Commission
Definition
(2003) Upholds 2002 campaign finance reform law


chp5
Term
Miller v. California
Definition
1973 Obscenity defined as appealing to prurient interests of an average person with materials that lack literary, artistic, political, or scientific value.

chp5
Term
New York Times v. Sullivan
Definition
1964 To libel a public figure, there must be "actual malice"

chp5
Term
Reno v. ACLU
Definition
1997 A law that bans sending "indecent" material to minors over the internet is unconstitutional because indecent is to vague and broad a term.

chp5
Term
Schnek v. United States
Definition
1919 Speech may be punished if it creates a clear-and-present-danger test of illegal acts.

chp5
Term
Texas v. Johnson
Definition
1989 There may not be a law banning flag burning

chp 5
Term
McCain-Feingold campaign finance reform law
Definition
2002 organizations cannot pay for electioneering communications.

chp 5
Term
Free-exercise clause
Definition
First Amendment requirement that law cannot prevent free exercise of religion.

chp5
Term
establishment clause
Definition
First Amendment ban on laws "respecting an establishment of religion"

chp 5
Term
Wall of seperation
Definition
Court ruling that government cannot be invovled with religion 1947

chp 5
Term
3-part test
Definition
It has a secular purpose

Its primary effect neither advances nor inhibits religion

It does not foster an excessive government entanglement with religion

chp5
Term
Exclusionary rule
Definition
Improperly gathered evidence may not be introduced in a criminal trial.

chp 5
Term
Engel v. Vitale
Definition
1962 There may not be a prayer, even a nondenominational one, in public schools.
Term
Everson v. Board of Education
Definition
1947 The wall of seperation principle is announced

chp 5
Term
Lee v. Weisman
Definition
1992 Public schools may not have a clergy lead prayers at graduation ceremonies.


chp5
Term
Lemon v. Kurtzman
Definition
1971 3 tests are described for deciding whether the government is improperly involved with religion

chp 5
Term
Santa Fe Independent School District v. Doe
Definition
Students may not lead prayers before the start of a football game at a public school.

chp 5
Term
Zelman v. Simmons
Definition
2000Voucher plan to pay school bills is upheld
Term
Zorauch v. Clauson
Definition
1952 States may allow students to be released from public schools to attend religious instruction

chp5
Term
Mapp v. Ohio
Definition
Exclusionary Rule
Term
Search warrent
Definition
A judges order authorizing a search
Term
Probable cause
Definition
Reasonable cause for issuing a search warrent or making an arrest; more than mere suspicion.

chp 5
Term
Good faith exception
Definition
An error in gathering evidence sufficiently minor that it may be used in a trial
Term
USA Patriot Act
Definition
passed after 9/11 designed to increase federal powers to investigate terrorists
Term
Dickerson v. US
Definition
2000 The Mapp decision is based on the Constitution and it cannot be altered by Congress passing a law
Term
Gideon v. Wainwright
Definition
1964 Persons charged with a crime habe the right to an attorney even if they cannot afford one.
Term
Mapp v. Ohio
Definition
Evidence illegally gathered by the police may not be used in a criminal trial.
Term
Miranda v. Arizona
Definition
1966 Court describes ruling that police must give to arrested persons asserting their right to remain silent
Term
Rasul v. Bush
Definition
2004 Terrorist detainees must have access to a nuetral court to decide if they are legally held
Term
US v Leon
Definition
Illegally obtained evidence may be used in a trial if it was gathered in good faith without violating the principles of the Mapp decision.
Term

Civil Rights  

Chp 6     

Definition
The rights of people to be treated without unreasonable or unconstitutional differences.
Term

Suspect classifications

 

chp6 

Definition
Classifications of people on the basis of their race or ethnicity.
Term

Strict scrutiny

chp 6 

Definition
A supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal.
Term
Seperate-but-equal doctrine chp 6
Definition
Term
The Crisis
Definition

A magazine edited by WEB Du Bois

chp6 

Term
Which Chief Justice overturned Plessy v. Feguson?
Definition

chp 6

Earl Warren 

Term
What did the Court rely on in 1970's to claim seperate but equal was unconstitutional?
Definition
Social science chp 6
Term
De jure segregation
Definition
racial segregation that is required by law chp 6
Term
De facto segregation
Definition

racial segregation that occurs in schools, not as a result of the law, but as a reslut of patterns of residential settlment.

 

chp 6 

Term
Plessy v. Feguson
Definition
(1896) Upheld seperate-but-equal facilities for white and black people on railroad cars.
Term
Brown v. Board of Education
Definition
(1954) chp 6 Said that seperate-but-equal public schools are inherently, unequal, thus starting racial desegregation.
Term
Green v. County School Board of New Kent County
Definition

(1968) Banned a freedom-of-choice plan for integrating schools, suggesting that blacks and whites must actually attend racially mixed schools.

 

chp6  

Term
Swann v. Charlotte-Mecklenburg Board of Education
Definition
chp 6 (1971) Approved busing and redrawing district lines as ways of integrating public schools.
Term
White flight
Definition

chp 6

When whites flee a neighborhood unusually fast due to the blacks moving in. 

Term
Civil disobedience
Definition

Opposing a law one considers unjust by peacfully disobeying it and accepting the resultant punishment.

 

chp 6 

Term
Four things that led to Civil rights change for Blacks
Definition

1. public opinoin was changing

2. Violent whites were more broadly broadcastedEugene ":Bull" Conner ordered attack dogs in 1963

3. President Kennedy was asassinated.

4. Elections landslided Johnson into victory along with other Democrats.

 

chp 6 

Term
Those four factors led to 5 new civil rights bills
Definition

3 chieflt protected voting 1957, 1960, 1965

1 prevented discrimination in houseing 1968

1 dealt with voting, employment, schooling, and public accomodations 1964 

Term
19th Amendment
Definition

1920 woman the right to vote

 

chp 6 

Term
14th Amendment
Definition

prohibits any state from denying "any person" the "equal protection of laws"

 

chp 6 

Term
Reed v. Reed
Definition

chp 6

(1971)Gender discrimination violates the equal protection clause of the constitution 

Term
Craig v. Boren
Definition

Gender discrimination can opnly be justified if it serves "important governmental objectives" and be "substantially related to those objectives."

chp 6

1976 

Term
Bastker v. Goldburg
Definition
1981 Congress can draft men without drafting women chp 6
Term
U.S. v. Va
Definition

1996 State may not finance an all male military school

 

chp 6 

Term
Police powers
Definition

state powers to effect laws promoting health, safety, adn morals.

 

chp 6 

Term
Griswold v. Connecticut
Definition

1965 Found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives.

 

chp 6 

Term
Roe v. wade
Definition
1973 State laws against abortion were unconstitutional chp 6
Term
Webster v. Reproductive Health Services
Definition

1989 Allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable

 

chp6  

Term
Planned Parenthood v. Casey
Definition

1992 Reaffirmed Roe v. Wade but upheld certain limits on its use.

 

chp 6 

Term
Stenberg v. Carhart
Definition

2000 States may not ban partial birth abortions if they fail to allow an exception to protect the health of the m other.

 

chp 6 

Term
The Hyde Amentment
Definition

Prohibits federal funding for abortions 1976

chp 6 

Term
equality of results
Definition

making certain people achieve the same result

 

chp 6 

Term
Affirmative action
Definition

programs designed to increase minority participation in some institution by taking positive steps to appoint more minority group members

 

chp 6 

Term
Reverse discrimination
Definition

using race or sex to give preferential treatment to some people

 

chgp 6 

Term
Equality of opportunity
Definition

Giving people an equal chance to succeed

 

chp6 

Term
Compensatory action
Definition

"helping disadvantaged people catch up, usually by giving them extra education, training, or services."

Majority supports this

 

chp 6 

Term
United Steelworkers v. Weber
Definition

1979 Despite the ban on racial classificationsin the 1964 Civil Rights Act, this case upheld the use of race in an employment agreement between the steelworkers union and steel plant.

 

chp 6 

Term
Grutter v. Bollinger and Gratz v. Bollinger
Definition

2003 Numerical benefits cannot be used to admit minorities into college, but race can be a "plus factor" in making those decisions.

 

chp 6 

Term
Lawrence v. Texas
Definition

2003 5:4 State law may not ban sexual relations between same-sex partners.

 

chp 6 

Term
Boy scourts of America v. Dale
Definition
2000 5:4 A private organization may ban gays from its membership.
Term
What are the two most important issues
Definition
abortion and affirmative action
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