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Exam 2
Civil Rights & liberties
120
Political Studies
Undergraduate 1
03/17/2015

Additional Political Studies Flashcards

 


 

Cards

Term
Civil Liberties
Definition

Individual freedoms that the government must respect.

Restrains government actions against individuals. 
Ex: freedom to think and act according to one's values or beliefs

Term
Civil Rights
Definition

 Powers or privileges to individuals or protected groups, protected from arbitrary removal by government or individuals. 

Ex: right to vote cant be denied based on gender, race, etc

Term
Procedural Due Process
Definition

Not controversial, traditional.

Application of laws and regulations according to a fair and regular procedure.

Imposes limits on how government carries out activity. 
Ex: read you your Miranda rights, trial by jury, innocent until proven guilty by government.

Term
Substantive Due Process
Definition

Controversial. Conformity to the subject matter of law. Limits what government can and cant do. Has to be reasonable. 
Ex: spitting on sidewalk cant equal 20 years in prison. 
Not controversial because if you elect leaders and they ran on a platform about something, passing that law should be fine.

Term
14th Amendment
Definition
All people born in the US are citizens on the US and state they reside in. Can't deprive any person of life, liberty or property without due process of law, now deny any person within its jurisdiction the equal protection of the laws.
Applies Bill of Rights to your state government.

Most controversial, Guantanamo bay (not on US soil)
Term
Barron v. Baltimore (1833)
Definition
Baltimore kept throwing dirt on Barron's land. Government can take or ruin land, but must compensate. Barron sued for compensation, but it wasn't the national government that ruined the land, it was the state. 5TH AMENDMENT BINDS NATIONAL GOVERNMENT, NOT STATE: LOST
Term
Nationalization of the Bill of Rights
Definition
Use of 14th amendment's due process and equal protection clauses. 
"Selective incorporation" starting in 1925 - in a given case, SC says something in Bill of Rights Freedom on speech, applies
Term
Selective Incorporation
Definition
Term
Gitlow v. New York (1925)
Definition
Nationalized freedom of speech protections (applies to states too)
Term
Doctrines involving Free Expression and Permitted Restrictions
Definition
Guide the courts in ruling... 
Preferred position- free expression holds high place in real of rights and liberties
Clear and present danger- You can't scream fire in a movie theater
Bad tendency- speech can be curtailed if a speech will lead to an evil- can't advocate violence
No Prior Restraint- govt has limited ability to stop expression before it occurs- if they think you're going to give a speech that will be harmful, they can't arrest you= have to wait until they say it first
Clarity and least means possible- is speech is restricted it must be done as clear as possible and with least intrusive method as possible
Term
Genrally PRotected Speech/Expression
Definition

Social Redeeming Value- can't restrict political, scientific or artistic literature/speech (can burn cross on your own lawn but cant on someone else's 

Commercial Speech- advertising protected even though it can be distasteful
Symbolic speech- nonverbal- usually protected if used to send a political message (flag burning)
Speech Plus Conduct- marches, protests, sit ins. Reasonable public place, govt can limit this to protect safety of others. (outside abortion clinics, cant be on property but can be across the street
Freedom of Association- protects your right to belong to whatever association you want (cant with Al-Quida though)

Term
Unprotected or Conditionally Protected Speech/Expression
Definition
Obscenity
Slander 
Fighting Words 
Subversive Speech
Term
Roth v. US (1957)
Definition
Definition of Obscene
Term
Miller v. California (1973)
Definition

Current test for obscenity

1. The average person finds it violates contemporary community standards
2. Work taken as a whole appeals to a prurient interest in sex
3. Work shows patently offensive sexual conduct
4. Work lacks serious redeeming literary artistic political or scientific merit 
YES TEST
Yes to all four = obscene

Term
NY Times v. Sullivan (1964)
Definition
Court ruled that almost anything can be said about public officials, including reckless lies, unless the official can prove that the media acted with malice
Term
Citizen United v. Federal Election Commission (2010)
Definition
Citizens United wanted to air a film critical of Hillary Clinton. Ruled that government cannot restrict political independent expenditures by corporations, associations, or labor unions
Term
Student Speech
Definition
Term
The Establishment Clause
Definition
Congress can't establish a religion and can't have a religious test to run for office
Term
Emerson v. Board of Education (1947)
Definition
In cooperation of establishment clause
Term
Pupil-Benefit Theory
Definition
Can states take money from tax payer money to help religious schools transport kids? YES. 
Government can aid religion if the aid primarily benefits pupil as pupil, not religion 
Ex: cant buy Bibles
Term
Engel v. Vitale (1962)
Definition
School sponsored prayer is unconstitutional, individual can pray on their own but teachers and principals cant lead prayer 

Unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools
Term
Epperson v. Arkansas (1968)
Definition
States cant ban the teaching of evolution
Term
The Lemon Test
Definition
Does it violate the establishment clause?
1. Is the thing being questioned secular in purpose?
2. Primary effect must be neutral in regard to religion
3. Avoids any entanglement of government with religion. IF YES TO ALL 3: DOESN'T violate the ESTABLISHMENT CLAUSE
Term
Under God in the Pledge of Allegiance
Definition
Added to pledge of allegiance during cold war to differentiate from "godless" communists
Term
The Free Exercise Clause
Definition
Laws can't discriminate against religion. As long as states don't target a specific religion, states can interfere with religious activity
Term
Employment Division v. Smith (1990)
Definition
Religion cant make something legal that is otherwise illegal. 
Peyote case- if you fail a drug test for it, you can't say you smoked it for religious reasons
Term
Religious Freedom Restoration Act (1993)
Definition
Unconstitutional infringement on the judiciary.
Aimed to protect the free exercise of religion, and to prevent laws that burden a person's free exercise of their religion. Was overturned.
Term
Second Amendment
Definition
A well regulated militia, being necessary to the security of a free state the right of the people the keep and bear arms, shall not be infringed. Right to keep and bear arms.
Arguments over meaning, usual interpretation is in relation to a state militia.
Term
District of Columbia v. Heller (2008)
Definition
5-4 ruling, the second amendment does give individuals the privilege to use firearms for private use. DC cannot ban an entire class of weapons that individuals use to engage in self defense activities. Used this case to say you have an INDIVIDUAL RIGHT TO BEAR ARMS
Term
McDonald v. City of Chicago (2010)
Definition
The second amendment applies to your relationship with the state as well as the national governments. States must respect individual right to bear arms
Term
Fourth Amendment
Definition
Prohibits unreasonable search and seizure, requires warrant.
Term
Protections Against Unreasonable Search and Seizure
Definition
4th Amendment
Term

The Exclusionary Rule 

(4th Amendment)

Definition

Evidence obtained illegally cannot be used in court


Mapp v. Ohio (1961)

Term
Mapp v. Ohio (1961)
Definition
Developed the exclusionary rule
Term
Fifth Amendment
Definition
Government cant force you to incriminate yourself (no torture). You have the right to remain silent.
Term
Grand Jury
Definition
Term
Double Jeopardy
Definition
Can't be tried for the same crime twice
Term
Escebedo v. Illinois (1964)
Definition
Criminal suspects have a right to counsel during police interrogations under 6th amendment
Term
Miranda v. Arizona (1966)
Definition
Police interrogation led to written confession. Found guilty even though wrongfully committed
Term
Sixth Amendment
Definition
right to lawyer
Term
Gideon v. Wainwright (1963)
Definition
State courts are required to provide counsel to defendants that can't afford it, under 14th amendment
Term
Eighth Amendment
Definition
Prohibition against cruel and unusual punishment. Death penalty has never been ruled cruel and unusual punishment.
Term
Furman v. Georgia (1972)
Definition
Ruled on the requirement for a degree of consistency in the application of the death penalty
Term
Ninth Amendment
Definition
Not provided solely previous 8 rights, you are protected from others
The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people
Term
Griswold v. Connecticut (1965)
Definition
Ban on contraceptives infringed on right to privacy. Connecticut banned birth control devices. Ruled that states cannot ban birth control devices because the zone of privacy. A family's right to plan is protected by 9TH AMENDMENT
Term
Roe v. Wade (1973)
Definition
No state is allowed to ban abortion flat out. Privacy rights allow a woman to control her own body during pregnancy.
1. decision left entirely to couple
2. state may regulate, not prohibit
3. states may prohibit unless medical reasons show it saves woman's life
Term
Webster v. Reproductive Health Services (1989)
Definition
First time courts allowed states to kind of prohibit abortion. Allowed to say that no state money, employees, or facilities can be used to help with abortion. 5-4 ruling
Term
Planned Parenthood v. Casey (1992)
Definition
Court case when the undue burden test created. Minors need adult consent. Waiting periods- wait 24 hours after contacting clinic
Term
Gonzales v. Cahart (2007)
Definition
5-4 Court said that federal ban was ok and didn't constitute an undue burden
Term
Trigger Laws
Definition
If Roe v. Wade is overturned, abortion will be banned. Only in about 6 states. If it isn't overturned, compounds within it will still be legal. 
A law that is unenforceable now but may be in the future (ex abortion)
Term
Bowers v. Hardwick (1986)
Definition
Privacy rights are not extended to homosexuals. 5-4 ruling Constitution doesn't protect acts between homosexuals even in their own home. (Anti sodomy)
Term
Lawerence v. Texas (2003)
Definition
Bowers overturned, privacy rights do apply to homosexuals in the privacy of their own home as a matter of constitutional due process. Anti sodomy laws no longer legal
Term
Equal Protection Clause of the 14th Amendment
Definition
No state can deny anyone within jurisdiction the equal protection of the laws
Term
Plessy v. Ferguson (1896)
Definition
Segregation is alright as long as both facilities are equal (Separate but equal doctrines)
Term
Jim Crow Laws
Definition
Laws passed by southern states that tried to legalize segregation
Term
Litigating for Equality
Definition
Term
Smith v. Allwright (1944)
Definition
Strikes down the white primary.
Term
Borwn v. Board of Education (1954)
Definition
Plessy is overturned, separate is inherently equal
Term
Strict Scrutiny Test
Definition
If court plays strict scrutiny, burden of proof is on government
Term
Civil Rights Movement
Definition
Soldiers returning from WW2. Truman desegregates the armed forces, Rosa Parks, Montgomery Bus Boycott, Freedom Rides, March on Washington
Term
The Civil Rights Act of 1964
Definition
Prohibits discrimination on the basis of race, color, religion, sex or national origin.
Public Accommodations Provisions- entitled all persons to equal enjoyment of goods regardless of race/religion.
Created EEOC- investigates discrimination
Term
Voting Rights Act of 1965
Definition
Outlawed discriminatory tests (literacy tests), authorized the federal government to register votes.
Term
Fair Housing Act of 1968
Definition
Prohibits discrimination by direct providers of housing and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of ethnicity, race, gender, religion, etc
Term
De june and de facto segregation
Definition
de facto: Racial segregation, especially in public schools, that happens "by fact" rather than by legal requirement
Term
Busing
Definition
Term
Affirmative Action
Definition
A policy in job hiring or university admissions that gives special consideration to traditionally disadvantaged groups in an effort to compensate for past effects of discrimination
Term
Regents of the University of California v. Bakke (1978)
Definition
Race can be used as one of many factors. Affirmative action is ok IF minority is used as one of many factors
Term
Adarand Constructors v. Peña (1995)
Definition
Applied strict scrutiny to affirmative action
Colorado doesnt have history of discriminating against constructors
Term
University of Michigan Cases (2003)
Definition

Gratz v. Bollinger (undergrad)- Affirmative action undergrad program unconstitutional- system lacks individualism. 20 points out of 150 for being ethnic -> quota like (illegal). 


Grutter v. Bollinger (law school)- Diversity in education is a compelling state interest. UM's law program is unconstitutional. Race can help admission. School's interest in diversity, admissions program ok because individualized review of applicant, race not awarded points.

Term
Referenda on Affirmative Action
Definition
Michigan, Arizona, California, Nebraska, and Washington State, have all passed referendums on affirmative action. Michigan's is currently being appealed.
Term
Women and Gender Discrimination
Definition
Term
Have Women Aceived Equal Rights?
Definition
Term
Immediate Scrunity Test
Definition
The middle level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law; this is the standard used for gender-based discrimination cases and for many cases based on sexual orientation.
Term
Latinos and Civil Rights
Definition
Term
United Farmer Workers Union and Cesar Chavez
Definition
Term
Immigrants and Civil Rights
Definition
Term
Internment Camps during WW2
Definition
Term
Americans with Disabilities Act (1990)
Definition
Term
Civil Rights and Same Sex Marriage
Definition
Term
Is Income Inequality a problem?
Definition
Term
Public Opinion
Definition

Citizens' attitudes about political issues, leaders, institutions and events


a belief or sentiment shared by most people

Term
Political Ideology
Definition

A cohesive set of beliefs that form a general philosophy about the role of government


the coherent set of values and beliefs about the purpose and scope of government held by groups and individuals

Term
Values
Definition
beliefs of a person or social group in which they have an emotional investment (either for or against something)
Term
Americans Support for Fundmental Values
Definition
Term
Americans' Ideology
Definition
Term
Conservatisim
Definition
A set of beliefs that includes a limited role for the national government in helping individuals, support for traditional values & lifestyles, & a cautious response to change
Term
Liberalism
Definition
A set of beliefs that includes the advocacy of positive government action to improve the welfare of individuals, support for civil rights, & a tolerance for political & social change
Term
Libertarianism
Definition
Term
Socialism
Definition
Term
Agents of Political Socialization
Definition
Family, schools, churches, other institutions that shape social and political values.
Term
Perception of Fair Treatment Across Racial Groups
Definition
Term
Disagreements among Men and Women on Policy Issues
Definition
Term
Stability in Public Opinion
Definition
Term
The Media, Government, and Public Opinion
Definition
Term
Public Opinion Poll
Definition

an inquiry into public opinion conducted by interviewing a random sample of people


Scientific instruments for measuring public opinions

Term
Sample
Definition

items selected at random from a population and used to test hypotheses about the population


A small group selected by researchers to represent an entire population

Term

Probability Sampling 

(random sample)

Definition

A method used by pollsters in which every individual in the entire population has the same chance of being polled


a method used by pollsters to select a representative sample in which every individual in the population has an equal probability of being selected as a respondent

Term
Random Digit Dialing
Definition

Dialing a random number to collect information about political beliefs. Can skew results because of landlines versus cell phones.


A technique used by pollsters to place telephone calls randomly to both listed and unlisted numbers when conducting a survey.

Term
Selection Bias
Definition

Errors in the selection and placement of subjects into groups that results in differences between groups which could effect the results of an experiment.


When some groups are either overrepresented or underrepresented

Term
Sampling Error/Margin of Error
Definition

4 percentage points in either direction.
How much in reality can this survey be wrong?



Term
It depends on how you ask
Definition
Term
Social Desirability Effect
Definition
The effect that results when respondents in a survey report what they expect the interviewer wishes to hear rather than what they believe
Term
Use of Likely Voters
Definition
Closer to election day.
Term
Exit Polls
Definition
Term
Push Polling
Definition

a polling technique in which the questions are designed to shape the respondent's opinion


A polling technique in which the questions are designed to shape the respondent's opinion

Term
Bandwagon Effect
Definition

A shift in electoral support to the candidate whom public opinion polls report as the front-runner


the phenomenon of a popular trend attracting even greater popularity

Term
Accuracy of 2012
Definition
Term
The Mass Media: The Future of Political Journalism
Definition
Term
Media Theory
Definition
Term
Types of Media (Traditional and New)
Definition
Traditional: television, newspaper, radio
New: blogs, twitter,
Term
Old Media v. New Media
Definition
Term
Vietnam War on TV
Definition
Term
Americans' Main Source for News
Definition
Term
Mass Media Ownership
Definition
Term
Who Gets Political Information On-Line?
Definition
Term
Benefits and Concerns of On-Line News
Definition
Term

How the Media Influences Politics 

(Agenda Setting Selection Bias, Framing, Priming)

Definition
Term
Adversial Journalism
Definition

a form of reporting in which the media adopt a skeptical or even hostile posture toward the government and public officials


Form of interpretive journalism that adopts a hostile position toward government, politics, and political figures.

Term
Equal Time Rule
Definition

The requirement that broadcasters provide candidates for the same political office equal opportunities to communicate their messages to the public


an FCC rule that if a broadcaster sells time to one candidate, it must sell equal time to other candidates.

Term
Fairness Doctrine
Definition

Federal Communications Commission policy that required holders of radio and television licenses to ensure that different viewpoints were presented about controversial issues or persons; largely repealed in 1987


A Federal Communications Commission requirement for broadcasters who air programs on controversial issues to provide time for opposing views; the FCC ceased ending this doctrine in 1985

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