Government Notes (4)

blue law

a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays

civil liberties

limitations on the power of government, designed to ensure personal freedoms

civil rights

guarantees of equal treatment by government authorities

common-law right

a right of the people rooted in legal tradition and past court rulings, rather than the Constitution

conscientious objector

a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion

double jeopardy

a prosecution pursued twice at the same level of government for the same criminal action

due process clause

provisions of the Fifth and Fourteenth Amendments that limit government power to deny people “life, liberty, or property” on an unfair basis

economic liberty

the right of individuals to obtain, use, and trade things of value for their own benefit

eminent domain

the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment

establishment clause

the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

exclusionary rule

a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

free exercise clause

the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

Miranda warning

a statement by law enforcement officers informing a person arrested, or subject to interrogation, of that person's rights

obscenity

acts or statements that are extremely offensive by contemporary standards

Patriot Act

a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)

plea bargain

an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial

prior restraint

a government action that stops someone from doing something before they are able to do it (e.g., forbidding people to publish a book they plan to release)

probable cause

legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial

right to privacy

the right to be free of government intrusion

search warrant

a legal document, signed by a judge, allowing police to search and/or seize persons or property

selective incorporation

the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government

self-incrimination

an action or statement that admits guilt or responsibility for a crime

Sherbert test

a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the “least restrictive means” possible

symbolic speech

a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)

undue burden test

a means of deciding whether a law that makes it harder for women to seek abortions is constitutional

Agreement between defendant and prosecutor where the defendants pleads guilty (to charge at hand or lesser charge) in exchange for more lenient punishment that might be give after a trial

Plea Bargain

Which of the following was NOT part of the First Amendment

right to keep and bear arms

The Fourth Amendment's requirement for a warrant

does not apply when there is a serious risk that evidence will be destroyed before a warrant can be issued

Which of the following rights is NOT protected by the Sixth Amendment?

right to remain silent

The Supreme Court has decided that the death penalty

may NOT be applied to those who were under 18 years of age when they committed a crime or defendants who have intellectual disabilities

Individuals who claim the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion:

Conscientious Objectors

Civil Liberties

limitations on power of government, designed to ensure personal freedoms

Civil Rights

guarantees equal treatment by government authorities

Eminent domain

power of government to take or use property for a public purpose after compensating its owner

self-incrimination

action or statement that admits guilt or responsibility for a crime

Law originally created to uphold a religious or moral standard, such as prohibition against selling alcohol on Sundays

Blue Laws

Double jeopardy is prosecution pursued twice at the same level of government for the same criminal action.

True

Miranda v. Arizona was controversial because:

made it harder to convict persons accused of a crime

affirmative action

the use of programs and policies designed to assist groups that have historically been subject to discrimination

American Indian Movement (AIM)

the Native American civil rights group responsible for the occupation of Wounded Knee, South Dakota, in 1973

Black codes

laws passed immediately after the Civil War that discriminated against freed people and other African Americans and deprived them of their rights

Brown v. Board of Education

the 1954 Supreme Court ruling that struck down Plessy v. Ferguson and declared segregation and “separate but equal” to be unconstitutional in public education

Chicano

a term adopted by some Mexican American civil rights activists to describe themselves and those like them

civil disobedience

an action taken in violation of the letter of the law to demonstrate that the law is unjust

comparable worth

a doctrine calling for the same pay for workers whose jobs require the same level of education, responsibility, training, or working conditions

coverture

a legal status of married women in which their separate legal identities were erased

de facto segregation

segregation that results from the private choices of individuals

de jure segregation

segregation that results from government discrimination

direct action

civil rights campaigns that directly confronted segregationist practices through public demonstrations

disenfranchisement

the revocation of someone’s right to vote

equal protection clause

a provision of the Fourteenth Amendment that requires the states to treat all residents equally under the law

Equal Rights Amendment (ERA)

the proposed amendment to the Constitution that would have prohibited all discrimination based on sex

glass ceiling

an invisible barrier caused by discrimination that prevents women from rising to the highest levels of an organization—including corporations, governments, academic institutions, and religious organizations

grandfather clause

the provision in some southern states that allowed illiterate White people to vote because their ancestors had been able to vote before the Fifteenth Amendment was ratified

hate crime

harassment, bullying, or other criminal acts directed against someone because of bias against that person’s sex, gender, sexual orientation, religion, race, ethnicity, or disability

intermediate scrutiny

the standard used by the courts to decide cases of discrimination based on gender and sex; burden of proof is on the government to demonstrate an important governmental interest is at stake in treating men differently from women

Jim Crow laws

state and local laws that promoted racial segregation and undermined Black voting rights in the south after Reconstruction

literacy tests

tests that required the prospective voter in some states to be able to read a passage of text and answer questions about it; often used as a way to disenfranchise racial or ethnic minorities

Plessy v. Ferguson

the 1896 Supreme Court ruling that allowed “separate but equal” racial segregation under the equal protection clause of the Fourteenth Amendment

poll tax

annual tax imposed by some states before a person was allowed to vote

rational basis test

the standard used by the courts to decide most forms of discrimination; the burden of proof is on those challenging the law or action to demonstrate there is no good reason for treating them differently from other citizens

Reconstruction

the period from 1865 to 1877 during which the governments of Confederate states were reorganized prior to being readmitted to the Union

Stonewall Inn

a bar in Greenwich Village, New York, where the modern Gay Pride movement began after rioters protested the police treatment of the LGBTQ community there

strict scrutiny

the standard used by the courts to decide cases of discrimination based on race, ethnicity, national origin, or religion; burden of proof is on the government to demonstrate a compelling governmental interest is at stake and no alternative means are available to accomplish its goals

Title IX

the section of the U.S. Education Amendments of 1972 that prohibits discrimination in education on the basis of sex

Trail of Tears

the name given to the forced migration of the Cherokees from Georgia to Oklahoma in 1838–1839

understanding tests

tests requiring prospective voters in some states to be able to explain the meaning of a passage of text or to answer questions related to citizenship; often used as a way to disenfranchise Black voters

white primary

a primary election in which only White people are allowed to vote

A hate crime is harassment, bullying, or other criminal acts directed against someone because of bias against that person's sex, gender, sexual orientation, religion, race, ethnicity, or disability

True

Grandfather clause was a provision in Southern states allowing illiterate whites to vote because their ancestors had been able to vote before the Fifteenth Amendment was ratified.

True

Invisible barrier caused by discrimination that prevents women from rising to the highest levels of an organization--including corporations, governments, academic institutions, and religious organizations

glass ceiling

Civil rights are protections of equal treatment by government, while civil liberties are limitations on government power that preserve individual freedoms.

True

Key provisions of the Civil Rights Act of 1964 include all the following except _____________.

elimination of affirmative action programs

De facto segregation

happens from the private choices of individuals

De Jure segregation

segregation by law--government discrimination

affirmative action

use of programs and policies designed to assist groups that have historically been subject to discrimination

Equal Protection Clause

provision of 14th Amendment that requires to states to treat all residents equally under the law

Jim Crow laws were federally mandated laws that promoted racial segregation and undermined black voting rights in the South after Reconstruction.

False

If you are not allowed to vote, you are:

disenfranchised

Loving v. Virginia

Supreme Court struck down a law prohibiting interracial marriage

Plessy v. Ferguson

Supreme Court ruling allowing for "separate but equal"

Lawrence v. Texas

Supreme Court ruled unconstitutional fourteen remaining states' laws that criminalized sexual intecourse between consenting adults of the same sex

Brown v. Board of Education

Supreme Court ruling that struck down Plessy v. Ferguson. Declared segregation and "separate but equal" to be unconstitutional in public education

The Trail of Tears is the name given to the forced removal of this tribe from Georgia to Oklahoma.

Cherokee

bottom-up implementation

a strategy in which the federal government allows local areas some flexibility to meet their specific challenges and needs in implementing policy

Congressional Budget Office

the congressional office that scores the spending or revenue impact of all proposed legislation to assess its net effect on the budget

debt

the total amount the government owes across all years

deficit

the annual amount by which expenditures are greater than revenues

discretionary spending

government spending that Congress must pass legislation to authorize each year

distributive policy

a policy that collect payments or resources broadly but concentrates direct benefits on relatively few

entitlement

a program that guarantees benefits to members of a specific group or segment of the population

excise taxes

taxes applied to specific goods or services as a source of revenue

free-market economics

a school of thought that believes the forces of supply and demand, working without any government intervention, are the most effective way for markets to operate

Keynesian economics

an economic policy based on the idea that economic growth is closely tied to the ability of individuals to consume goods

laissez-faire

an economic policy that assumes the key to economic growth and development is for the government to allow private markets to operate efficiently without interference

libertarians

people who believe that government almost always operates less efficiently than the private sector and that its actions should be kept to a minimum

mandatory spending

government spending earmarked for entitlement programs guaranteeing support to those who meet certain qualifications

Medicaid

a health insurance program for low-income citizens

Medicare

an entitlement health insurance program for older people and retirees who no longer get health insurance through their work

policy advocates

people who actively work to propose or maintain public policy