Unit 5 Gov Study Guide

The Incorporation Doctrine

The process by which the Bill of Rights was extended to the states and localities

Were the reconstruction amendments (13th-15th) rapidly implemented across states?

No

What is the loophole in the 13th Amendment?

Criminals - no forced labor except as punishment for a crime

Reverse discrimination

Opponents of affirmative claim alleged discrimination against members of a majority group, such as white individuals, in favor of minority groups in the implementation of affirmative action policies

What distinguishes civil rights and civil liberties?

Civil liberties are protected by the 1st Amendment (protects individuals)

Civil rights protect groups from unreasonable, but not ALL discrimination

When does double jeopardy not apply

Crime violates state and federal law

If there is a mistrial

Sources of protection of civil liberties and civil rights

Constitution

Bill of Rights

Congressional Legislation

Court decisions

State constituitons

Are civil liberties absolute?

No

What type of discrimination is encompassed under the 14th Amendment

Reasonable discrimination

New Jersey v. TLO

Supreme Court case in which it was decided that a student may be searched if there is “reasonable ground” for doing so

According to New Jersey v. TLO, does probable cause apply to students in a school setting?

There is a lesser standard in a school setting

When does the exclusionary rule fail to apply?

Evidence is in plain view (inevitable discovery)

Officer operates on “good faith” assumption that a warrant was valid

What does it mean to have the right to a “speed and public trial”?

No unreasonable delay

Government can’t conduct trial in private (minors are exception)

Grand jury indictment

A written accusation by a grand jury charging that one or more persons have committed a crime

Are grand jury indictments required in state or federal cases?

Federal

When is a trial by jury guaranteed?

Criminal cases (most cases are disposed of by plea bargaining)

Guaranteed in federal civil cases worth more than $20 (7th Amendment)

Can suspects call witness on their behalf and have the right to cross-examine witnesses

Yes

Which amendment prevents the state from denying life, liberty, or property without due process?

14th Amendment

Which amendment prevents the federal government from denying life, liberty, or property without due process?

5th Amendment

Strict Scrutiny

Hardest to discriminate

Suspect classification test

Suspect class; Historically suffered unequal treatment on the basis of race, color, or national origin

In a case involving strict scrutiny, who does the burden of proof fall on

It falls on the defendant to prove that there is a compelling purpose for discrimination

Intermediate (Heightened) Scrutiny

Quasi-suspect classification test

Sex discrimination

To be justified, states must show that the law bears some relation to important governmental objectives

In a case involving rational basis testing, who does the burden of proof fall on

It falls on the plaintiff to prove discrimination

Fundamental rights test

Court subjects law which deny fundamental rights to strict scrutiny

Where are fundamental rights stated?

They are explicitly stated in the Constitution

When can rational basis testing not be used?

When a case involves a suspect class, an almost-suspect (or quasi) class, or a fundamental right

Rational basis testing

Discrimination is constitutional if it has a reasonable purpose

Easiest to discriminate

Civil Rights Act of 1964

Abolished discrimination and segregation in all public places and in hiring and education

Title IX

A law that bans gender discrimination in schools that receive federal funds

Voting Rights Act of 1965

Prohibited literacy tests, increased black voter registration, and enforces the 15th Amendment

4th Amendment Protections

Protections from unreasonable search and seizures. Requirement that no warrant for a search or an arrest be issued without probable cause

6th Amendment protections

Right to a speedy trial, right to a jury trial, right ot a public trial, right to confront witnesses, adn right to counsel

5th Amendment protections

Due process of law, double jeopardy, and self incrimination

1st Amendment protections

Freedom of religion, freedom of association (membership & disclosure restrictions and prohibiting group discrimination), free speech framework, speech in public forums, speech in limited/designated public forums & non-public forums, prior restraints, vagueness & overbreadth, and symbolic speech

Establishment Clause

Clause in the 1st Amendment that says the government may not establish an official religion

Free exercise clause

A First Amendment provision that prohibits government from interfering with the practice of religion

Exclusionary Rule

Improperly gathered evidence may not be introduced in a criminal trial

What established the Exclusionary rule?

Mapp v. Ohio

Types of due process

Procedural and substantive

Procedural Due Process

Constitutional requirement that governments proceed by proper methods; limits how governments may exercise power

Substantive due process

Constitutional requirement that governments act reasonably and that the substances of the laws themselves be fair and reasonable; limits what a government may do

Warren Court

The chief justice that overturned Plessy v. Ferguson in Brown v. Board of Education (1954); he was the first justice to help the civil rights movement, judicial activism

What type of speech is not protected by the 1st Amendment?

Obscenity, defamation, fraud, incitement, fighting words, true threats, speech integral to criminal conduct, and child pornography

Slander

Spoken defamation

Libel

Written defamation

Prior restraint

Government censorship of information before it is published or broadcast

Letter from a Birmingham Jail

A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He was disappointed more Christians didn’t speak out against racism. “Injustice anywhere is a threat to justice everywhere”

NAACP strategy for advancing civil rights

Judicial system, lobbying, and peaceful protests

Affirmative Action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

What have the courts ruled is “constitutional” with regard to religion?

Legislative prayers

Prayer before city council meetings

Prayer on the opening day of SCOTUS session

Prayer when newly elected reps/senators

“Under god” part in the pledge of allegiance

"In god we trust” on our money

According to the lemon test, what conditions must be met in order for the action to NOT violate the establishment clause?

Has other secular purpose

Does not have primary effect of advancing or inhibiting religion

Does not foster excessive and entanglement between government and religion

Least drastic means test

Laws can’t restrict speech if there are other means to handle the problem

Theoretical university speech code of "banning racial hate speech” would be unconstitutional

Bill of Rights

First ten amendments protecting fundamental rights

Third Amendment

Prohibits quartering soldiers in citizens’ homes

Fourth Amendment

Protects against unreasonable search and seizure

Fifth Amendment

Establishes due process rights

Sixth Amendment

Provides right in criminal prosecutions

Seventh Amendment

Ensures trial by jury in civil cases

Eighth Amendment

Prohibits excessive bail, fines, and cruel punishments

Tenth Amendment

Reserves non-delegated powers to states or people

Selective incorporation

Process of applying Bill of Rights selectively to states

Freedom of speech

Protects against punishment for language use

Whistleblowers

Individuals like Snowden claiming freedom of speech protections

Anti-Federalists

Advocated for more protections against the federal government

Federalists

Argued against listing rights as unnecessary and dangerous

Freedom of expression

Core part of the First Amendment, protects political beliefs

Free Exercise Clause

Protects the right to practice any religion

Prior restraint

Prohibits government censorship before publication

Commercial speech

Has limited protection under the First Amendment

Reasonable restriction

Permitted on time, place, and manner of assembly

Neutral laws

Permitted even if they incidentally burden religious practices

Double jeopardy

Individuals cannot be tried twice for the same crime

Speedy trial

Guaranteed by the Sixth Amendment

Excessive bail

Prohibited by the Eighth Amendment

Due process rights

Require fair procedures and prevent arbitrary deprivation

Habeas corpus

Allows review of state convictions in federal courts

De jure segregation

Law-written segregation based on race

De facto segregation

Biases not inscribed in law but present in society

Affirmative action

Designed to remedy previous discrimination

Montgomery Bus Boycott

Nationwide movement against segregation on public transportation

Community mobilization

Galvanizing widespread support and solidarity for a cause

Civil liberties

Basic freedoms protected by 1st Amendment for individuals

Civil rights

Protections against discriminatory treatment for groups

Result of the Montgomery Bus Boycotts

SCOTUS declared bus segregation laws unconstitutional

Source of protection

Constitution, Bill of Rights, Congressional legislation, court decisions, and state constitutions

Balancing test

Weighing individual rights against order and stability

Palko test

States must uphold crucial rights for liberty to exist

9th Amendment

Implicit rights exist even if not listed in the Constitution

Lemon test

Criteria to determine if a law violates the establishment clause

Free exercise clause

Protects freedom of worship and belief

Freedom of Speech

Protected right to give and hear speech

Defamation

False statements causing harm; not protected

Symbolic speech

Expressive actions protected as speech

Freedom of the press

Right to publish without government censorship

Obscenity

Material not protected by the First Amendment

Freedom of Assembly 

Right to gather peacefully

Freedom of Petition

Right to address grievances to the government

Second Amendment

Debated right to bear arms for individuals or militias

Well-regulated militias

Militias subject ot state requirements like training and gun limitations

Brady Bill

Established 5-day waiting period for gun purchases