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What did the Supreme Court rule in Barron v. Baltimore and how did this ruling impact the application of the Bill of Rights ? a United States Supreme Court case in which the Court established a precedent that the United States Bill of Rights could not be applied to state governments.. ruled against
What are fundamental freedoms and why are they not as “absolute” as many people presume? mostly found in the first Amendment. They are freedom of speech, press, religion, petition, assembly, association, and privacy. They are not absolute because they have limits
What is the significant of the “due process” clause of the 14th Amendment? A clause found in both the Fifth and Fourteenth Amendments to the Constitution protecting citizens from arbitrary action by the national and state governments.
What is selective incorporation and why is this important to understanding the application of the Bill of Rights to the U.S. state governments? The Supreme Court’s gradual process of assuming guardianship of civil liberties by applying piecemeal the various provisions of the Bill of Rights to state laws and practices.
What did the Court rule in Schenck v. U.S. (1919)? Why was the significance of this ruling in relation to free speech rights? established “clear and present danger” doctrine sent letters to draft guard men. if you get drafted then you should burn your draft parts. he was interfering with the government building a army. He stated it was has right to freedom of speech. he lost
What is the so-called “balancing doctrine” first established in Dennis vs. U.S. and what is its significance? - balancing doctrine - freedom of speech must be balanced with other competing public interest (e.g. safety and protection against government subversion)
What did the Supreme rule in Brandenberg v. Ohio? In what way did it modify the Court’s position in Schenck in 1919? won.the court reinterpreted the “clear 78 present danger doctrine. established the “ the clear & imminent danger doctrine”; the speaker must have intent to incite violence and the court introduced the “time element” wherein the action must set time in w
The first amendment provides for a free press. What is the idea behind prior restraint and what did the Court rule in New York Times vs. U.S. (1971)? prior restraint is censorship imposed, usually by a govt, on expression before the depression to take place and to take appropriate action afterward, if the expression is found to violate the law, regulations, or other rules.
Is burning the U.S. flag constitutional according to the Supreme Court? What did the Court rule in Texas vs. Johnson? Texas vs. Johnson (1989) Court overturned lower court ruling and thus found burning the U.S. flag constitutional
What is the main idea behind the Court's so-called “school speech” outlined in Morse vs.Frederick? Also known as the “Bong hits for Jesus”; Juno Alaska, 2002, students’ speech within school settings falls under a separate “school speech doctrine”. in that Free Speech can be restricted if done within a school setting.
How did the Court rule in Snyder vs. Phelps—the case involving the Westboro Baptist Church who regularly protested during the funerals of soldiers killed in Iraq and Afghanistan? Maryland jury awarded Snyder $10 million, but on appeal the supreme court held that the first amendment fully protected the protesters demonstrations at funerals.
Freedom of religion is found in the first amendment. What is the difference between the establishment clause and the free exercise clause? the Establishment clause denies congress the power to establish or promote any single religious practice as superior. the Free Exercise clause= an individual’s right to practice any religion.
What is the “neutrality” test when applying it to the establishment clause under the 1st Amendment? Although the court’s interpretation of the establishment clause is in flux, it is likely that for the foreseeable future a majority of the justices will continue to view govt. neutrality toward religion as the the guiding principle. Neutrality means not
What did the Supreme Court rule in Engel vs. Vitale? Engel v. Vitale, 370 U.S. 421 (1962), was a landmark United States Supreme Court case that ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools
What was the legal controversy in Employment Division vs. Smith? How did the Court rule?Connect the Court’s ruling to the neutrality test.
In the Van Orden vs. Perry and McCreary County Kentucky vs. American Civil Liberties Union of KY (2005) cases, the Court handed down two different decisions although the Court seemingly dealt with the same constitutional issue—possible violations of In the Van Orden vs. Perry the court ruled against Van Orden because the court said the monument wasn’t taking a stance towards a specific religion considering it was surrounded by many other buildings (which did not violate the first amendment-establis
What was Thomas Jefferson’s Separation of Church and State doctrine? Freedom of religion. Congress and state do not have the right to establish a religion. (Establishment clause denies congress the power to establish or promote any single religious practice as superior, the free exercise clause protects the rights of
Gun rights are found in which Amendment? Explain why the Court’s decision in District of Columbia vs. Heller was so significant to gun rights advocates? Gun rights are found in the 2nd amendment. The supreme court overturned Washington DC’s handgun ban on the grounds that it violated the second amendment’s right to keep and bear arms.
Protection against illegal searches and seizures comes from which Amendment? Protection against illegal searches and seizures comes from the 4th amendment.
What is probable cause and why is it important to limiting government power to search individuals’ property? Officers may pat down individuals based on “probable cause” to believe they may be armed and dangerous. Unlike searching someone’s property (ie. House), a routine pat down does not require a warrant. (look at Terry v Ohio)
What was the Court’s ruling in Mapp v Ohio? Be able to apply this ruling to the concept of selective incorporation. Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may no
How did the Court rule in Miranda v. Arizona? How did this case change police behavior at the time of arrest and witness questioning? Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the United States Supreme Court. In a 5–4 majority, the Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will
How did the Supreme Court rule in Gideon v. Wainwright? What kind of impact did this have on defendants’ rights to an attorney? The supreme court ruled that the constitution requires the states to provide defense attorneys to criminal defendants who cannot afford a lawyer. (6th amendment “...and to have assistance of counsel for his defense”)
How did the Court rule in Roe v. Wade? What kind of influence did this decision have on a woman’s right to abortion in the U.S.? (Be able to explain how the right to privacy is connected to abortion rights—see the 9th Amendment and page 222 in the textbo Legalized abortion but with certain restrictions Court tried to determine when a fetus is “viable” If fetus is “viable”, the court has ruled the state has a compelling interest to protect life
How did the Court rule in Planned Parenthood vs. Casey? Did this decision overturn Roe vs Wade by banning abortions in the U.S.? (hint: no, but be sure to study the idea of an “undue burden” in which the Court allowed for more regulations on abortions) No, the decision of Planned parenthood vs Casey did not overturn Roe vs Wade but it did say that states may regulate abortions in order to protect the mother’s health and the life of the fetus and outlawed abortions of “viable” fetuses The court required
(civil liberties section)What is the “equal protection clause” of the 14th Amendment and why is it important to the struggle over the civil rights? The equal protection clause is a 14th amendment clause guaranteeing all citizens equal protection of the laws. The courts have interpreted the clause to bar discrimination against minorities and women
Describe the difference between civil liberties and civil rights? (see page 132). 1.civil liberties are “freedoms to” and civil rights are “freedom from”. Traditionally been balanced by the Supreme Court. freedom from means protection against tyranny.
What was the purpose behind the Missouri Compromise of 1820? 1. to keep the balance between the admittance of slave states and free states into the union in order to balance the number of senators in the govt. 2. As a result the Republican party was created. 3. the compromise itself allow Missouri to be admitted
Describe the period known as Reconstruction. How did it expand the rights of blacks in the south? 1. this period lasted from 1865 -1876 when Hayes got the presidency and the Republicans remove the troops from the south. 2. Blacks were allowed to vote and hold public office.
Which Amendment banned slavery under the Constitution? 1.the 15th amendment(1870) provided the franchise to African American males.
How were Northern Republicans able to ratify the 14th Amendment with so many southern states against it? The southern states were forced to ratify it in order for them to regain representation in Congress.
Describe the how the political compromise between Democrats and Republicans after the 1876 election ended the era of Reconstruction. What was the political compromise made? 1. this period lasted from 1865 -1876 when Hayes got the presidency and the Republicans remove the troops from the south. 2. Blacks were allowed to vote and hold public office.
What is the “rational basis” test and how is it used by the Supreme Court? .Different levels of legal scrutiny; must pass a “rational basis” test: legal distinction between two groups of people must be viewed as reasonable way to promote legitimate govt. purpose. The supreme court uses “strict scrutiny” when laws distinguishing
What is a “suspect classification” and how might this influence the Supreme Court’s decision on a civil rights case dealing with racial discrimination? . A suspect classification is any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination. These cases receive closer scrutiny by when an “Equal Protection” claim alleging unconstitutional discrimina
What is the significance of Plessy v. Ferguson (1896)? Plessy v. Ferguson, 163 U.S. 537 (1896), was a landmark United States Supreme Court decision upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal".
What is the significance of the “state action doctrine” established in the Supreme Court in the Civil Rights cases of 1883-1884? court established “state action doctrine” Congress could regulate state and local government behavior but not private individuals.
Why did the NAACP take their fight for voting rights and racial equality to the federal court system rather than Congress? because they knew they couldn’t win in congress but had a chance in the supreme court by challenging the law.
What is de jure and de facto segregation? What are the differences between them? - Dejure is racial segregation that is legally sanctioned; court has struck down dejure as practiced in the south -De facto: segregation that occurs as a result of decisions by private individuals (eg. choice of residence) this know as “Sorting” the co
(California Government SECTION)47. How long is the term of the California governor? Who is the current governor of CA?What are the formal powers of the CA governor? (Hint: think about the governor’s veto power;power of appointment; and power to help formu serve terms of four years, with a limit of two terms. Jerry Brown
California is often said to have a “professionalized” legislature? What does this mean? This means that California has a full time legislature, days in session, legislator pay, staff size, and committees. In session more than 200 days per year.
Which political party controls both the CA Assembly and state Senate? democrats
How were CA senate districts originally apportioned? What kind of effect did this have the distribution of power in the CA legislature? originally apportioned by population but in the 1964 decision of Reynolds vs Sims; “one person one vote” Ca forced to redraw districts to allow for equal representations by population. currently each senator represents 900,000 citizens. as for the balan
Who is the Speaker of the State Assembly? Toni Atkins (D) San Diego—78th District
What kinds of powers does the Assembly Speaker have? The Speaker of the Assembly presides over the Assembly in the chief leadership position, controlling the flow of legislation and committee assignments. The Speaker is elected by the majority party caucus, followed by confirmation of the full Assembly on p
What is the President Pro-Tempore in the CA state Senate? The President pro Tempore, who also serves as the Chair of the Rule Committee, is the actual leader of the Senate.
What powers does the Senate Pro-Tem have? He or she is elected by the Members at the beginning of each Session. The "Pro Tem" is the presiding office on the Floor, overseeing the appointment of committee members, assignment of bills, progress of legislation through the house, confirmation of gube
Who is the current senate Pro-Tem in California? Kevin de León (D)—22nd District
Describe the structure and size (how many seats are in each chamber) of the CA legislature. CA Assembly 80, CA Senate 40. Assembly seats based on population, State Senate elected by county.
Created by: loverockstar92
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