Review Guide for Exam III (Final)
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| Preemption | The principle that allows the national gov. to override state or local actions in certain policy areas; in foreign policy,the willingness to strike 1st in order to prevent an enemy attack.
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| Selective Incorporation | The process by which different protections in the Bill of Rights were incorporated into the 14th Amendment, thus guaranteeing citizens protection from state as well as national governments.
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| Judicial Activism | Judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions.
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| Slander | An ORAL statement made in "reckless disregard of the truth" that is considered damaging to the victim because it in "malicious, scandalous, and defamatory".
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| Libel | A WRITTEN statement made in "reckless disregard of the truth" that is considered damaging to the victim because it in "malicious, scandalous, and defamatory".
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| Speech Plus | Speech accompanied w/ sit-ins, picketing, or demonstrations.Protection of this form of speech under the 1st Amendment is conditional & restrictions imposed by state or local authorities r acceptable if properly balanced by considerations of public order.
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| LAPS Test | Work as a whole must lack: Literary, Artistic, Political, and Scientific Value.
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| Roth Principle | Work must appeal to prurient interest way beyond what is considered normal, in a patently offensive way, and must lack socially redeeming value.
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| Purposes of Punishment | Rehabilitation, Deterrence, Incapacitation, Retribution
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| Dogs of Birmingham | The police tried to control thousands of nonviolent protesters, including kids, with police dogs; Eugene "Bull" Connor, was Birmingham's Commissioner of Public Safety in 1961 when the Freedom Riders came to town.
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| "Strange fruit" | A song sung by Billie Holiday illustration the lynching of African Americans.
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| Voting Rights Act 1965 | Signed in by President Johnson. Local officials did everything they could to help blacks and other minorities register to vote. State literacy tests were also banned.
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| 13th Amendment | Slavery and Involuntary servitude prohibited.
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| 14th Amendment | Right to citizens
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| 15th Amendment | Right to vote--- Race, color, servitude.
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| 19th Amendment | Equal Suffrage --- Sex, Right of women to vote.
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| 26th Amendment | Right to vote --- Age must be 18 years or older.
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| Freedom Riders | (1960's) Organized by the Congress of Radical Equality (CORE), rode through the South seeking integration of the bus, rail, and airport terminals.
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| Sit-ins | Peaceful demonstrations where citizens would sit in restaurants until closing time and were not served. They faced verbal and physical abuse.
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| Jim Crow Laws | Enacted by southern states following Reconstruction that discriminated against African Americans.
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| American Indian Movement | The most prominent Native American rights organization led by Dennis Banks. Built their own job training programs, schools, and took over the famous prison island of Alcatraz in San Francisco Bay, claiming it for themselves.
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| Wounded Knee | (1890) ended the last of the Indian Wars in America.
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| Relocation Camps | Camps in California, Idaho, Utah, Arizona, Wyoming, Colorado where a round up of 120,000 Americans of Japanese heritage were relocated to.
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| Exclusionary Rule | The ability of courts to exclude evidence obtained in violation of the 14th Amendment.
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| Stonewall Inn | Riots transformed the Gay Rights Movement from one limited to a small number of activities into a wide-spread protest for equal rights and acceptance. Patrons of a gay bar in New York fight back for the first time.
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| Greenwich Village | Gay neighborhood located in New York City.
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| Seneca Falls Convention | The convention was first public gathering in the U.S. to address the rights of women. 240 women in attendance.
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| Seneca Falls Declaration of Sentimetns | -For keeping women from voting
-For owning property
-From having equal access to education and employment
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| Don't Ask, Don't Tell Policy | President Clinton signed it, President Obama revoked it. Policy instituted for the U.S. military, permitting gays to serve in the military, but banning homosexual activity.
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| Defense of Marriage Act | Provides that no state shall be required to give effect to a law of any other state with respect to a same sex marriage. It defines the words "marriage" and "spouse" for purposes of Federal law, enacted by President Clinton on September 21, 1996.
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| Society for Human Rights | Becomes the country's earliest know gay right organization. Founded by Henry Gerber and founded in 1924.
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| Dissenting Opinions | Justices who disagree with the majority opinion usually write dissenting opinions. A decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case.
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| Concurring Opinions | Agree with the majority decision but on different grounds write concurring opinions.
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| Grant of Review | (Rule of Four) Based on the vote of four justices.
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| Writ of Certicrari | A decision of at least 4 out of 9 Supreme Court justices to review a decision of a lower court; to make more certain.
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| Voir Dire | A preliminary examination of a witness or a juror by a judge or counsel.
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| Bill of Rights | The first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people.
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| Standards for Obscenity | Speech or writing that appeals to the prurient interest that is material whose purpose is to excite lust, as this appears "to the average person". Utterly without redeeming social value.
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| Cruel and Unusual Punishment | Prohibits barbaric forms of punishment. Forbid punishment that is grossly disproportionate to the crime.
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| Vinson Court | (1946-1953) Plessy v. Ferguson, Ex Rel Francis v. Resweber (mitigating or aggravating circumstances.
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| Burger/Berger Court | (1969-1986) Confronted issues of whether death penalty as imposed constituted cruel and unusual punishment. Gregg v. Georgia (struck down capital punishment laws), Fruman v. Georgia (cruel and unusual punishment).
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| Warren Court | (1953-1969) Robinson v. California (could not punish persons b/c of their status of an addiction). Became a catalyst for change, initiating reforms rather than responding to pressures applied by other branches of government. Overruled Plessy v. Ferguson,
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| Which other cases were taken place during Warren's Court? | Overruled Plessy v. Ferguson, Gideon v. Wainwright, and Miranda v. Arizona.
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| March on Washington of 1963 | Movement to end employment discrimination in the defense industry & a national civil disobedience campaign to ban segregation in the armed forces.Led by A. Philip Randolph, the nonviolent protest & mass action effort inspired the civil rights movement
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| Solicitor General | (Neal Katyal) Decides which Federal cases to appeal from the lower courts and represents the U.S. government in such cases before the Supreme Court.
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| Senator William Borah | Opposed the Dyer Anti-Lynching Bill, as he thought it unconstitutional (supported states rights).
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| Senator James Vardaman | Known as the "Great White Chief", Vardaman advocated racism against African Americans. Supporters called themselves "rednecks".
Vardaman supported lynchimg as a method to ensure white supremecy
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| Harry Hay | Founded the Mattachine Society in 1950. His Marxist views led him to resign. Considered a father of the LGBT movement.
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| Henry Gerber | Founded the Society for Human Rights (SHR) in 1924.Oldest documented homosexual organization in the nation.
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| Cesar Chavez | A leader of the Latino civil rights movement. Founded the National Farm Workers Association (later the United Farm Workers union, UFW) Used peaceful resistance, like fasting, strikes, and boycotts. (Mainly for fieldworkers. Grapes and fruits)
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| Denis Banks | Cofounded the American Indian Movement (AIM) in 1968. Participated in the occupation of Alcatraz Island, and helped organize the "Trail of Broken Treaties" march on D.C.
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| Eugene “Bull” Connor | Commissioner of Public Safety for the city of Birmingham, Alabama, during the American Civil Rights Movement. Became a symbol of racism when he ordered the use of fire hoses and attack dogs during peaceful protests.
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| Billie Holiday | Billie Holiday popularized the song "Strange Fruit", a public outcry against racism and lynching.
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| James Meredith | First African American student to attend the segregated University of Mississippi. Considered a pivotal moment in the civil rights movement.
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| Gov. George Wallace | Supported segregation. Well know for his attempt to stop two African Americans from entering the University of Alabama.
"and I say segregation now, segregation tomorrow, segregation forever"
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| Matthew Shepard | Student murdered for his homosexuality. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act was passed in his name to deal with hate crimes in 2009.
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| Lemon v. Kurtzman | The Lemon Test! Struck down an act under the establishment clause of the constitution. Know the Lemon Test!!!
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| Engel v. Vitale | Filed by Jewish families in New York, protesting school prayers. The Supreme Court ruled government written school prayers were unconstitutional, under the establishment clause (1st amendment)
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| Falwell v. Hustler Magazine | The Supreme Court ruled that free speech guarantee prohibited awarding damages to public figures for emotional distress.
Also said no reasonable person would have believed Hustler's parody interview to be serious.
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| Mapp v. Ohio | United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state or federal courts. Exclusionary Rule
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| Brandenburg v. Ohio | The Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.
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| Schenck v. United States | Held passing out leaflets encouraging resistance to the draft (during World War 1), could be punished. His "speech" presented a clear and present danger
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| Near v. Minnesota | a landmark United States Supreme Court decision that recognized the freedom of the press by roundly rejecting prior restraints on publication, a principle that was applied to free speech generally in subsequent jurisprudence.
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| Chaplinsky v. New York | Supreme Court supported arrest for use of "fighting words"
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| Cohen v. California | Man arrested for the words "Fuck the Draft" on the back of his jacket. Court ruled that free speech protected "symbolic speech"
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| Jenkins v. Georgia | Court protected theatre's right to show Carnal Knowledge, which implied sex and showed some nudity. Said nothing about the movie was explicitly obscene
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| Miller v. California | Established the LAPS test for obscenity. lacking value
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| New York times Co. v. Sullivan | Set standard of "Actual Malice". To be slanderous, one must know it is false and have a disregard for the truth
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| District of Columbia v. Heller | a landmark case in which the Supreme Court of the United States held in a 5-4 decision that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense.
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| Roth v. United States | Congress could ban material, "utterly without redeeming social importance," as obscene. Later changed in Miller v. California
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| Miranda v. Arizona | Interrogation only valid if defendant was told of his right to an attoney
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| Barnes v. Glen Theatre | Supported governments rights to ban nudity. Moral upkeep of America and whatnot. Pointed to a long history of rules against indecent exposure
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| Escobedo v. Illinois | a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment.
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| Gideon v. Wainwright | a landmark case in United States Supreme Court history. The Supreme Court unanimously ruled that state courts are required under the Fourteenth Amendment to provide counsel to represent defendants who are can't afford to pay their own attorneys.
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| United States v. Green | This case presents a serious question concerning the meaning and application of that provision of the Fifth Amendment to the Constitution which declares that no person shall be subject for the same offence to be twice put in jeopardy of life or limb.
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| Coy v. Iowa | Accused has a right to see those who accuse him. (Screen in front of two rape victims)
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| Furman v. Georgia | "Cruel and unusual punishment" in death sentence. Cant be sentenced to death for kicking a puppy
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| Roe v. Wade | a right to privacy under the due process clause of the 14th Amendment extended to a woman's decision to have an abortion
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| Gregg v. Georgia | Affirmed courts approval of the use of the death sentence for deterral and punishment
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| Plessy v. Ferguson | upheld the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal"
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| Brown v. Board of Education | struck down segregation. The very nature of being separate make it unequal
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| Roper v. Simmons | the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18.
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| Re Ex Rel Francis v. ReWeber | 15 year old Willie Francis survives first shock in electric chair. Tries to appeal under double jeopardy. Court does not block retry, and he dies a year after first attempt
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| Bowers v. Hardwick | a United States Supreme Court decision, overturned in 2003, that upheld, in a 5-4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals
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| Griswold v. Connecticut | Supreme Court ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives. Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy".
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| New York Times v. NBC | ??????????
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| Baltimore City Department of Social Services v Bouknight | Producing a child does not count as self incrimination. For child's safety
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