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AP Gov 3.1 & 3.2
| Question | Answer |
|---|---|
| the policies that extend basic rights to groups historically subject to discrimination | Civil Rights |
| Civil Rights | the policies that extend basic rights to groups historically subject to discrimination |
| Things todays debates over inequality in America center on | racial discrimination, gender discrimination, and factors such as discrimination based on age, disability, and sexual preference. |
| racial discrimination, gender discrimination, and factors such as discrimination based on age, disability, and sexual preference. | 2 things todays debates over inequality in America center on |
| A belief in equal _____ has often led to a belief in equality of _______. | rights, opportunity |
| 14th amendment | only place in which the idea of equality clearly appears in the Constitution - prohibits the states from denying “equal protection of the laws” to any person |
| only place in which the idea of equality clearly appears in the Constitution - prohibits the states from denying “equal protection of the laws” to any person | 14th amendment |
| Ambiguities in the 14th Amendment - Narrow Interpretation | equal legal rights, but African Americans and whites could otherwise be treated differently |
| equal legal rights, but African Americans and whites could otherwise be treated differently | Ambiguities in the 14th Amendment - Narrow Interpretation |
| Ambiguities in the 14th Amendment - Broad Interpretation | Constitution is color blind so no differential treatment is acceptable |
| Constitution is color blind so no differential treatment is acceptable | Ambiguities in the 14th Amendment - Broad Interpretation |
| When was the Fourteenth Amendment finally used to assure rights for disadvantaged groups? | mid-twentieth century |
| vehicle for more expansive constitutional interpretations | equal protection clause |
| equal protection clause | vehicle for more expansive constitutional interpretations |
| three levels of judicial scrutiny | 1. Rational-Basis 2. Intermediate Scrutiny 3. Strict Scrutiny |
| 1. Rational-Basis 2. Intermediate Scrutiny 3. Strict Scrutiny | three levels of judicial scrutiny |
| Most classifications that are reasonable, that bear a rational relationship to some legitimate governmental purpose, and are constitutional | Rational-Basis |
| Rational-Basis | Most classifications that are reasonable, that bear a rational relationship to some legitimate governmental purpose, and are constitutional |
| Classifications based on gender fit somewhere between reasonable and inherently suspect: gender classifications must bear a substantial relationship to an important legislative purpose | Intermediate Scrutiny |
| Intermediate Scrutiny | Classifications based on gender fit somewhere between reasonable and inherently suspect: gender classifications must bear a substantial relationship to an important legislative purpose |
| Racial and ethnic classifications are inherently suspect: they are presumed to be invalid and are upheld only if they serve a “compelling public interest” that cannot be accomplished in some other way | Strict Scrutiny |
| Strict Scrutiny | Racial and ethnic classifications are inherently suspect: they are presumed to be invalid and are upheld only if they serve a “compelling public interest” that cannot be accomplished in some other way |
| 3 areas that define African American struggle for equality in America | 1. Slavery era (colonization -> civil war) 2. Reconstruction & resegregation (civil war -> 1954) 3. Civil Rights era (1954-present) |
| 1. Slavery era (colonization -> civil war) 2. Reconstruction & resegregation (civil war -> 1954) 3. Civil Rights era (1954-present) | 3 areas that define African American struggle for equality in America |
| Chief Justice Taney declared African-Americans were "property" with no rights under "white mans government" | Dred Scott v. Stanford |
| Dred Scott v. Stanford | Chief Justice Taney declared African-Americans were "property" with no rights under "white mans government" |
| Ended slavery | The union victory in the civil war & ratification of the 13th amendment |
| The union victory in the civil war & ratification of the 13th amendment | Ended slavery |
| "Jim-Crow" laws or black code | Segregation laws separating public facilities & schools via race, "white" vs "colored" segregation |
| Segregation laws separating public facilities & schools via race, "white" vs "colored" segregation | "Jim-Crow" laws or black code |
| Supreme court justification for segregation, resulting in "separate but equal" doctrine | Plessy v. Ferguson (1896) |
| Plessy v. Ferguson (1896) | Supreme court justification for segregation, resulting in "separate but equal" doctrine |
| Court case which began the civil rights era, used to set aside Plessy v. Ferguson to desegregate schools | Brown v. Board of Education (1954) |
| Brown v. Board of Education (1954) | Court case which began the civil rights era, used to set aside Plessy v. Ferguson to desegregate schools |
| Key strategies used during the civil rights movement | Sit-ins, marches, civil disobedience |
| Sit-ins, marches, civil disobedience | Key strategies used during the civil rights movement |
| Key developments that broke slow school desegregation deadlock | - Change of public opinion; violent white reactions of segregationist became a media spectacle - Kennedy assasination - 1964 Democratic landslide, allowing Northern Democrats to prevail in congress |
| - Change of public opinion; violent white reactions of segregationist became a media spectacle - Kennedy assasination - 1964 Democratic landslide, allowing Northern Democrats to prevail in congress | Key developments that broke slow school desegregation deadlock |
| Made racial discrimination illegal, cutting off federal funding to segregated schools | Civil rights act of 1964 |
| Civil rights act of 1964 | Made racial discrimination illegal, cutting off federal funding to segregated schools |
| Ordered to acheive "racially balanced schools" | Busing of students |
| Busing of students | Ordered to acheive "racially balanced schools" |
| Granted African Americans the right to vote | 15th amendment (1870) |
| 15th amendment (1870) | Granted African Americans the right to vote |
| Excempt persons whose grandfathers who were eligible to vote in 1860 from taking literacy tests in order to vote; excemption did apply to grandchildren of slaves - then declared unconstitutional in 1915 | Grandfather clause |
| Grandfather clause | Excempt persons whose grandfathers who were eligible to vote in 1860 from taking literacy tests in order to vote; excemption did apply to grandchildren of slaves - then declared unconstitutional in 1915 |
| Poll tax | small taxes levied on right to vote; taxes often tell due at a time of year when poor sharecroppers had least amount of cash available |
| small taxes levied on right to vote; taxes often tell due at a time of year when poor sharecroppers had least amount of cash available | Poll tax |
| Permitted political parties in heavily democratic south to exclude blacks from primary elections | White primary |
| White primary | Permitted political parties in heavily democratic south to exclude blacks from primary elections |
| Employed in many areas in the south | Voter registration tests |
| Voter registration tests | Employed in many areas in the south |
| Many barriers to African Americans fell during the ____ | 60s |
| Poll taxes were by federal elections prohibited by the ____ amendment | 24th (1964) |
| Voting Rights Act of 1965 | Prohubited any govt. using voting procedures denying people the right to vote based on race or color, producing a major increase in number of African Americans registered to vote in southern states |
| Prohubited any govt. using voting procedures denying people the right to vote based on race or color, producing a major increase in number of African Americans registered to vote in southern states | Voting Rights Act of 1965 |
| Oldest established minority group in America, but werent made citizens until 1924 | Native Americans |
| Native Americans | Oldest established minority group in America, but werent made citizens until 1924 |
| During WW2, the govt. put more than 100,000 of these Americans in interemediate camps, which were upheld as constitutional in Korematsu v. U.S. (1944) but provided benifits later to former internees | Asian Americans |
| Asian Americans | During WW2, the govt. put more than 100,000 of these Americans in interemediate camps, which were upheld as constitutional in Korematsu v. U.S. (1944) but provided benifits later to former internees |
| Legal doctrine of coverture | Deprived married women of any identity separate from that of their husbands |
| Deprived married women of any identity separate from that of their husbands | Legal doctrine of coverture |
| Seneca falls declaration of sentimates & resolutions | Beginning of movement cumulating the ratification of 19th amendment which gave women the right to vote |
| Beginning of movement cumulating the ratification of 19th amendment which gave women the right to vote | Seneca falls declaration of sentimates & resolutions |
| Civil rights act of 1964 | Banned discrimination in employment |
| Banned discrimination in employment | Civil rights act of 1964 |
| Title 9 of education act 1972 | forbade sex discrimination in federally subsidized education programs, including athletics |
| forbade sex discrimination in federally subsidized education programs, including athletics | Title 9 of education act 1972 |
| Required employers and public facilities to provide "reasonable accommodations" and prohibits employment discriminations based on disabilities | Americans with Disabilities Act of 1990 |
| Americans with Disabilities Act of 1990 | Required employers and public facilities to provide "reasonable accommodations" and prohibits employment discriminations based on disabilities |
| 1993 Clinton policy barring pentagon to disclose sexual orintations | "dont ask dont tell" |
| "dont ask dont tell" | 1993 Clinton policy barring pentagon to disclose sexual orintations |
| Obergefell v. Hodges (2015) | Ruled states must lisence & recognize same-sex marriage |
| Ruled states must lisence & recognize same-sex marriage | Obergefell v. Hodges (2015) |
| Efforts to bring employment, promotion, or admission for members of a specifc minoirty, often complained as "reverse discrimination" | Affirmative action |
| Affirmative action | Efforts to bring employment, promotion, or admission for members of a specifc minoirty, often complained as "reverse discrimination" |
| Regents of UC v. Bakke (1978) | Court rejected plan that UCD set aside 16/100 spots entering their medical school for "disadvantaged" groups |
| Court rejected plan that UCD set aside 16/100 spots entering their medical school for "disadvantaged" groups | Regents of UC v. Bakke (1978) |
| Gruter v. Bolliger (2003) | Court stuck down University of Michigans system of admission where applicants from undereppresented racial minorities automatically granted points for addmission |
| Court stuck down University of Michigans system of admission where applicants from undereppresented racial minorities automatically granted points for addmission | Gruter v. Bolliger (2003) |
| Harvard v. Students for fair admission (2023) | Court officially tules race cant be used in the college |
| Court officially tules race cant be used in the college | Harvard v. Students for fair admission (2023) |
| Civil liberties | Individual & constitutional protections against the government and are essential for democracy |
| Individual & constitutional protections against the government and are essential for democracy | Civil liberties |
| Civil liberties are mostly set in the _______ | Bill of rights |
| First ten amendments | Bill of rights |
| Bill of rights | First ten amendments |
| Cases become difficult once liberties _______ or when ______ _______ ___ ________ __ ______ | 1. Conflict (ex; free press vs fair trial, free speech vs public order) 2. facts & interpretations are subtle and ambiguous |
| Prohibits Congress from passing any laws violating: freedom of press, speech, religoin, assembly, and petition | First Amendment |
| First Amendment | Prohibits Congress from passing any laws violating: freedom of press, speech, religoin, assembly, and petition |
| Provides rational for the process by which fundamental freedoms have been appplied against state action through the 14th amendment interpretation | Incorporation doctrine |
| Incorporation doctrine | Provides rational for the process by which fundamental freedoms have been appplied against state action through the 14th amendment interpretation |
| Part of 14th amendment justifying the incorporation doctrine | Privilleges & immunities clause |
| Privilleges & immunities clause | Part of 14th amendment justifying the incorporation doctrine |
| Gillow v. New York | Court anncounced freedom of speech & press "were funamental rights and liberties protected by due process clause of 14th amendment from impeachment by the states" |
| Court anncounced freedom of speech & press "were funamental rights and liberties protected by due process clause of 14th amendment from impeachment by the states" | Gillow v. New York |
| Establishment clause | States congress cant make a law pretaining/respecting a religion |
| States congress cant make a law pretaining/respecting a religion | Establishment clause |
| Lemon v. Kurtzman | Created "lemon test" to see if govt. funding for schools if they are religously indoctrinating or properly educating |
| Created "lemon test" to see if govt. funding for schools if they are religously indoctrinating or properly educating | Lemon v. Kurtzman |
| Zelman v. Simmons-Harris | Upheld vouchers that could be used to pay tuition at religous schools |
| Upheld vouchers that could be used to pay tuition at religous schools | Zelman v. Simmons-Harris |
| Argued the establishment clause of prayer being mandated in schools (school prayer = most controversial religous issue) | Pennsylvanie v. Schempp |
| Pennsylvanie v. Schempp | Argued the establishment clause of prayer being mandated in schools (school prayer = most controversial religous issue) |
| Sometimes clashes with societys daily routines | Free exersise of religoin |
| Free exersise of religoin | Sometimes clashes with societys daily routines |
| Justice Wendel Homes freedom of expression model | "Shouting fire in a public theater" - protection for freedom of speech wouldnt protect the man who falsly yelled "fire" |
| "Shouting fire in a public theater" - protection for freedom of speech wouldnt protect the man who falsly yelled "fire" | Justice Wendel Homes freedom of expression model |
| Freedom of expression needs to balanced with competing values like ___ ____ ____ ____ ___ _____ ___ _ __. | public order, national secutiry, right to fair trial |
| Prior restraint | A govts action to prevent material from being published |
| A govts action to prevent material from being published | Prior restraint |
| Schneck v. U.S. | Justice Oliver Wendell Holmes declared the govt can limit free speech if it provokes a clear and present danger |
| Justice Oliver Wendell Holmes declared the govt can limit free speech if it provokes a clear and present danger | Schneck v. U.S. |
| Libel | Publicaion of false statements intened to damage a persons reputation |
| Publicaion of false statements intened to damage a persons reputation | Libel |
| Slander | Spoken defamation, not protected by the first amendment, needed evidence that statements where defamatory falsehoods & the author was neglent |
| Spoken defamation, not protected by the first amendment, needed evidence that statements where defamatory falsehoods & the author was neglent | Slander |
| More restricted than expression on religoin, politics, or other matters | Commercial speech (ads) |
| Commercial speech (ads) | More restricted than expression on religoin, politics, or other matters |
| The right to gather to make a statement, within reasonable limits | Right to assemble |
| Right to assemble | The right to gather to make a statement, within reasonable limits |
| Freedom or associate with people who share common interests; right to meet with people who want to create political change | Right to associate |
| Right to associate | Freedom or associate with people who share common interests; right to meet with people who want to create political change |
| Specifc in forbidding unreasonable search & seizures - no court issues warrents unless probable cause to belive a crime was/is about to happen | Fourth Amendment |
| Fourth Amendment | Specifc in forbidding unreasonable search & seizures - no court issues warrents unless probable cause to belive a crime was/is about to happen |
| Part of fourth amendment used by courts to prevent illegally seized evidence from being introduced in a court room | Exclusionary rule |
| Exclusionary rule | Part of fourth amendment used by courts to prevent illegally seized evidence from being introduced in a court room |
| Mapp v. Ohio (1961) | Supreme court incorporated exclusionary rule within the rights that restrict federal and state governments |
| Supreme court incorporated exclusionary rule within the rights that restrict federal and state governments | Mapp v. Ohio (1961) |
| Warrantless searches are allowed if? | Probable cause, needed to protect officers safety, search limited to info on a suspect crime |
| Probable cause, needed to protect officers safety, search limited to info on a suspect crime | Times when warrantless searches are allowed |
| Ensures due process and prohibits forced self-incrimination including Miranda rights | 5th amendment |
| 5th amendment | Ensures due process and prohibits forced self-incrimination, including Miranda rights |
| Burden of proof | Rests on the police & prosecuters - not the defendents |
| Rests on the police & prosecuters - not the defendents | Burden of proof |
| Miranda v. Arizona (1966) | Set guidelines for questioning of suspects by police |
| Set guidelines for questioning of suspects by police | Miranda v. Arizona (1966) |
| A suspect must be informed of constitutional right to remain silent - allowed to have lawer during questioning, one can be provided if cant afford | Miranda Rights |
| Miranda Rights | A suspect must be informed of constitutional right to remain silent - allowed to have lawer during questioning, one can be provided if cant afford |
| If someone isn't found guilty of a crime, they can no longer be tried of that crime in another instance | Double Jeopardy |
| Double Jeopardy | If someone isn't found guilty of a crime, they can no longer be tried of that crime in another instance |
| Provides right to be tried by a jury | 6th amendment |
| 6th amendment | Provides right to be tried by a jury |
| A person admits their guilty to reduce the degree of their punishment | Plea Bargaining |
| Plea Bargaining | A person admits their guilty to reduce the degree of their punishment |
| Forbids cruel & unusual punishment - most constitutional debates over amendment centered around the death penalty | 8th amendment |
| 8th amendment | Forbids cruel & unusual punishment - most constitutional debates over amendment centered around the death penalty |
| Constitution dosent specifically mention, but supreme court cites as implied in the Bill of Rights | Right to privacy |
| Right to privacy | Constitution dosent specifically mention, but supreme court cites as implied in the Bill of Rights |
| Griswald v. Conneticut | Protected right to privacy & overtunred ban on birth control |
| Protected right to privacy & overtunred ban on birth control | Griswald v. Conneticut |
| Most important use of right to privacy | abortion |
| Supreme Court created constitutional right to abortions | Roe v. Wade |
| Roe v. Wade | Supreme Court created constitutional right to abortions |
| Dobbs v. Jackson | Overturned abortion rights provided in Roe v. Wade |
| Overturned abortion rights provided in Roe v. Wade | Dobbs v. Jackson |
Created by:
jbearden582