PoliSci test 1

Civil Liberties

basic freedoms and rights that protect individuals from government overreach and interference

Civil Rights

the legal guarantees and protections that ensure every person is treated equally under the law

The most basic democratic right is-

Freedom of Expression

Which amendment protects freedom of speech, press, assembly, & religion, & does not protect the right to bear arms.

First Amendment

Schenck v. United States (1919) (1st)

gov. can limit freedom of speech if it creates “clear and present danger”

Brandenburg v. Ohio (1969) (1st)

protected speech advocating for illegal action, as long as it does not incite imminent lawless behavior (violates law) (established Imminent Lawless Action Test)

Slander

spoken words known to be false and harmful to reputation

Libel

defamation through the written word

Establishment clause (1st)

prohibits gov. from favoring one religion over another or supporting religion over no religion

Lemon test (1st)

used to evaluate whether a gov. action or policy is secular (non religious) in nature; Secular Purpose, Primary Effect, Excessive Entanglement

Free Exercise (1st)

right of individuals to practice their chosen religion and engage in religious rituals freely without gov. interference

Burwell v. Hobby Lobby Stores (2014) (1st)

for-profit corporations can claim a religious exemption from providing health insurance coverage for certain contraceptives

Northwest Ordinance of 1787 (1st)

“Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”

District of Columbia v. Heller (2008) (2nd)

ruling affirming that the 2nd Amendment protects the right to possess a firearm unconnected to militia service for traditionally lawful purposes like self-defense at home

McDonald v. Chicago (2010) (2nd)

right to keep and bear arms for legitimate purposes such as home defense; application to the state and local gov.

New York State Rifle & Pistol Association v. Bruen (2nd)

protect an individual's right to carry a handgun in public for self-defense

“Who are the militia? They consist now of the whole people, except a few public officers.”

George Mason

Roe v. Wade

a person's right to choose to have an abortion is protected by a constitutional right to privacy found in the 14th Amendment's Due Process Clause

Bowers v. Hardwick (1986)

ruled the U.S. Constitution does not protect consensual same-sex sexual activity, allowing states to criminalize sodomy (anal sex)

Dobbs v. Jackson (2022)

ruled the U.S. Constitution does not confer a right to abortion, thereby overturning Roe v. Wade (returned regulation to the states)

Obergefell v. Hodges (2015)

ruled that the 14th Amendment requires all states to issue marriage licenses to same-sex couples and recognize lawful out-of-state same-sex marriages

Selective Incorporation

a constitutional doctrine that allows the U.S. Supreme Court to apply the protections of the Bill of Rights to state governments on a case-by-case basis (through the 14th amendment)

Due Process Clause (5th and 14th Amendments)

constitutional guarantee that the gov. must treat people fairly and follow established, legal rules before it can take away their life, liberty, or property

4th Amendment

Protection against unreasonable searches and seizures; Warrants required when theres probable cause except when you get Consent, Emergency circumstances, Hot pursuit, Emergency aid, Plain view

5th Amendment

Protection against self-incrimination; Miranda warnings are given when the person is in custody and/or the police are conducting an interrogation

Gideon v. Wainwright (6th)

ruling that states must provide free legal counsel to criminal defendants who cannot afford an attorney

Exclusionary Rule

stops the government from using evidence gathered in an illegal way during a criminal trial

8th Amendment (Cruel and Unusual Punishment)

overcrowding can violate the Eighth Amendment when it creates conditions that deny inmates basic human needs, such as Medical care, Mental health treatment, Safety from violence, Sanitation and hygiene, Reasonable living conditions

Brown v. Board of Education (1954)

declared state laws establishing separate public schools for black and white students unconstitutional (violates equal protection clause)

Students for Fair Admissions v. Harvard (2023)

that race-conscious (accepting minorities to meet quota) college admissions programs at Harvard and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment.

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

Voting Rights Act of 1965

prohibits racial discrimination in voting

Shelby County v. Holder

struck down the coverage formula in Section 4(b) (the formula used to decide which parts of the United States had to get federal approval before changing their voting laws) of the Voting Rights Act

Civil law

legal system that resolves private disputes between individuals or organizations (private person, business, company, group)

Criminal law

deals with actions that harm public safety, society, or the state;sets rules for arresting and trying suspects, and fixes punishments for offenders

Burden of proof

in a criminal case the evidence must be so strong that a reasonable person has no logical doubt about the defendant's guilt (beyond reasonable doubt); in civil law the plaintiff (person who files lawsuit) must show that the claim is more likely true than not true.

What was the first women’s rights movement/convention effort?

Seneca Falls Convention (1848)

The women’s rights movement stemmed from?

The abolition (abolishment of slavery) movement

Gender Pay Gap

Women earn less than men on average; Common explanations: hours worked, occupational choices, career interruptions for child-rearing, and possible discrimination.

Reasonable-basis (rational-basis) test

most lenient legal standard used by courts to evaluate the constitutionality (reasonableness) of a law or government action; show that a law is reasonable

Pardon

an official act of forgiveness by the government for a crime (does not mean innocent)

Reprieve

a temporary delay or postponement of punishment; does not change the conviction or sentence; it simply delays its enforcement.

Commutation

reduces the severity of a punishment; the conviction remains in place, but the sentence is shortened or lessened

Suspect classifications

Race and Ethnicity; laws using these classifications are subject to strict scrutiny; presumed to have a discriminatory purpose

Gender Classifications

Laws that treat people differently based on gender (sex) are subject to intermediate scrutiny, a level of review that is stricter than rational basis review but less demanding than strict scrutiny.

African Americans

Strongly Democratic; the most consistently Democratic voting group.

Hispanics

Tend to lean Democratic, though less overwhelmingly than African Americans.

White women

More likely to support Democrats than white men, but are politically divided.

White men

More likely to identify as Republican.

White Southerners

Historically Democratic before the civil rights era, but today tend to be strongly Republican.

Hispanic Americans

Oldest ethnic group in many U.S. regions. Largest minority group, Growing political influence, Lower-than-average income, Generally higher life expectancy

Asian Americans

Railroad and mine laborers in the late 1800s, Highest educational attainment, Highest percentage of two-parent families, Highest median family income, Underrepresented in top political and managerial position

Immigration sources in recent decades

countries such as Mexico, China, India, the Philippines, Vietnam, and nations in Central America (Latin America and Asia)

Two-parent families

Lowest Poverty Rate

Married-couple households

Third Highest Poverty Rate

Single-parent, male-headed households

Second highest poverty rate

Single-parent, female-headed households

Highest Poverty Rate

Texas Penal Code

system of prohibitions, penalties, and correctional measures addressing conduct that causes or threatens harm (felonies and misdemeanors)

Most crime in Texas involves-

property rather than violence, firearms, or sexual acts

Texas leads the nation in number of-

prisoners executed

Lemon v. Kurtzman (1971)

ruled state funding for religious private schools is unconstitutional and established the "Lemon test" for church-state separation

Police use of force-

must be objectively reasonable under the circumstances.

Miranda v. Arizona (1966)

no legal interrogation until the suspect has been warned that their words could be used as evidence; led to the formulation of “Miranda Rights”

Imminent Lawless Action (Free Speech)

Speech intended and likely to produce immediate illegal conduct

Strict Scrutiny

Race/Ethnicity; Compelling interest + narrowly tailored

Intermediate Scrutiny

Gender; Important interest + substantially related

Rational Basis

Most classifications; Legitimate interest + rational relationship

Gov. support for religion

Early governments often supported religion in some way; The founders generally viewed religion as beneficial to public morality and civic virtue

The First Amendment prohibits government establishment of religion; Over time, courts became more restrictive regarding government involvement with religion.

Civil Liberties include the Amendments

Bill of Rights (First 10 Amendments NOT INCLUDING 3rd, 7th, 9th, and 10th) and the 14th Amendment

Civil Rights include the Amendments

13th (abolished slavery), 14th (citizenship), 15th (right to vote regardless of race)

Civil Rights include the Clauses

Equal Protection Clause, Due Process Clause, Citizenship Clause

Civil Liberties include Clauses

Establishment and Free Exercise, Free Speech and Press, Assembly and Petition, Due Process, Equal Protection, Search and Seizure