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Govt. Exam 2

Covers chapter 4 of American Government: A Brief Introduction

QuestionAnswer
10th Amendment Powers not delegated to the states or national govt. will be given to the states.
Civil Liberties Protections for citizens against improper governmental action.
Civil Rights Rules the government must follow in the treatment of individuals, especially in political and social life.
Establishment Clause Clause in the First Amendment that says the government “shall make no law respecting an establishment of a religion” aka they can’t stop you from making a religion
Lemon Test Criteria that prevents the government from violating the establishment clause. Statutes: must have secular legislative purpose, must not promote, or inhibit religion, and must not foster “excessive government entanglement.”
Free Exercise Clause Clause in the First Amendment that protects the right of citizens to believe & practice any religion they choose
14th Amendment Limited the states by the BoR. Enclosed the privileges and immunities clause, the due process clause, and the equal protection clause.
Equal Protection Clause Said that states cannot deny anyone under its jurisdiction the equal protections of the law.
Espionage and Sedition Acts Sedition act allowed for free speech during the war, espionage act put more limits on that.
Bill of Rights The first 10 amends, states had mini versions of it, people were scared of it because they just came from a monarchy
McCulloch vs. Maryland Asked if Congress had the right to establish banks, courts found that yes, they could because it was implied from other powers
Barron vs. Baltimore City damaged part of Barron’s irrigation during construction, was he entitled to compensation? The court ruled that the BoR only restrained the national govt. and didn’t cover state/city govt. He still got $4500 tho
Chicago, Burlington, and Quincy R.R. vs. Chicago RR tried to pay $1 for land to expand. Case was appealed and said the owner deserves fair compensation. First time eminent domain was enforced.
Plessy vs. Ferguson First case that tested the equal protection clause. The court ruled that separate but equal IS constitutional & maintained inequality.
Brown vs. Board of Education Overturned PvF ^. A group of cases about segregation in schools taken to SCOTUS. Courts ruled that separate but equal is NOT constitutional and ordered that states desegregate quickly.
Texas vs. Johnson Joey burned a flag at a protest and was sentenced to $2000 fine and 1 yr in jail. Courts ruled that his act was protected under the 1st amendment of expressive conduct with political nature – court can’t limit things society finds “offensive.”
Schenck vs. US Handed out pamphlets that said the draft went against the 13th amendment & was charged with espionage. Courts ruled that the espionage act prevents threats to national security, so it is not unconstitutional for them to regulate it.
Griswold vs. Connecticut Law in Connecticut banned the use of all contraception, courts ruled that the constitution DOES protect the right of marital privacy against state restrictions on contraception.
Gibbons vs. Ogden Gave congress rights over interstate navigation of waters/steamboats
Miranda vs. Arizona Miranda pled guilty w/o knowing his 5th amend. right & courts ruled the interrogation was unconstitutional because of this. Nationalized 5th amend (protection against self-incrimination).
Miranda Rule Requirement that people under arrest must be informed of their legal rights, including right to counsel, before undergoing police interrogation.
-“Wall of Separation” between religion and the state Jefferson said that the constitution only protects governmental rights, not religious ideologies. Made way for the lemon test
De Jure Segregation legal segregation, by law
De Facto Segregation just “how it is,” by practice & not by legal means
Strict Scrutiny Plaintiff sues someone – about discrimination
Prior Restraint Censorship. Effort by govt. to block publication of offending materials via newspaper or magazines
Slander Spoken statement made in “reckless regard of the truth.” Is malicious, scandalous, or defamatory.
Libel Written statement made in “reckless regard of the truth.” Is malicious, scandalous, or defamatory.
Due Process Requirement that citizens should be treated according to the law and be provided adequate protection for individual rights
Exclusionary Rule Requirement that courts exclude evidence obtained in violation of the 4th amendment
Grand Jury Jury that determines whether there is sufficient evidence to justify a trial, do not rule guilty or innocent.
Right to Privacy The right to be left alone, which has been interpreted by the courts to include birth control and abortions (not anymore smh)
Voting Rights Act Expanded on 14th and 15th amendment by banning discrimination in voting practices. Included poll tax, literacy tests, and scare tactics.
Affirmative Action Program designed to correct “historical injustices” against minorities by providing members with access to education and employment opportunities
Preferred Position Doctrine that expresses that some constitutional freedoms are entitled to more protection than others.
Americans with Disabilities Act Act passed which prohibits discrimination against people with disabilities in public areas of life and provides equal rights and opportunities for citizens with disabilities.
Eminent Domain The right of the government to take property for public use with reasonable compensation to the owner.
Created by: oliviabengtson
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