Study Guide 1 POLISCI

Civil liberties

specific individual rights that are constitutionally protected from infringement by government.

Civil rights

equal rights in the treatment of members of differing groups. 

Freedom of expression is often described as-

the most basic of democratic rights

First Amendment (Civil Liberty) Freedoms include-

Speech, Press, Assembly & Religion 

Government’s ability to restrict speech or prevent rallies is limited; know the standards that apply. 

The First Amendment and Constitution

Schenck v. United States (1919)

ruling that the First Amendment right to free speech does not protect speech and national security; unless clear-and-present-danger standard. 

Brandenburg v. Ohio (1969)

U.S. Supreme Court decision protecting inflammatory speech under the First Amendment; established the imminent lawless action test

Slander

spoken words known to be false and harmful to reputation.

Libel

defamation through the written word. 

Establishment clause

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

Lemon test

used to evaluate whether a government action or policy is secular in nature. 

Free exercise

gov. Is prohibited from interfering with the practice of religion 

Burwell v. Hobby Lobby Stores (2014)

religious objections by certain closely held companies to providing contraceptive coverage. 

Northwest Ordinance of 1787 language linking-

religion, morality, knowledge, and education. 

District of Columbia v. Heller (2008)

the Second Amendment protects an individual's right to possess a firearm unconnected to militia service for traditionally lawful purposes like self-defense within the home.

McDonald v. Chicago (2010)

individual right to keep and bear arms for legitimate purposes such as home defense; application to the states. 

New York State Rifle & Pistol Association v. Bruen

right to carry outside the home for self-defense and the standard for evaluating restrictions. 

Roe v. Wade

privacy and abortion. 

Bowers v. Hardwick (1986)

privacy and homosexual acts (later developments). 

Dobbs v. Jackson (2022)

overturned Roe; returned regulation of abortion primarily to the states. 

Obergefell v. Hodges (2015)

state bans on same-sex marriage and the Fourteenth Amendment. 

Selective incorporation

the process by which certain Bill of Rights protections have been applied to the states through the Fourteenth Amendment. 

Due process clauses appears in both-

the Fifth and Fourteenth Amendments. 

The Fourteenth Amendment’s equal protection and due process provisions apply to-

discriminatory action by government. 

Fourth Amendment 

Protection against unreasonable searches and seizures; When warrants are required for entry into a home and exceptions that may apply

Fifth Amendment 

Protection against self-incrimination; Miranda warnings – when they must be given (not automatically after every arrest).

Gideon v. Wainwright

states must furnish attorneys for indigent defendants in felony cases. 

Sixth Amendment

gives people accused of a crime the right to a fair, fast, and public trial with a lawyer.

Exclusionary Rule 

Evidence obtained illegally is generally inadmissible in court. 

Eighth Amendment

Cruel and unusual punishment in the context of prison overcrowding. 

Suspect classifications (race, ethnicity)

laws using these classifications are subject to strict scrutiny; presumed to have a discriminatory purpose. 

Gender classifications

subject to intermediate scrutiny. 

Reasonable-basis (rational-basis) test

government generally needs only to show that a law is reasonable. 

Brown v. Board of Education (1954)

racial segregation in public schools violates the equal protection clause of the Fourteenth Amendment.

Students for Fair Admissions v. Harvard (2023)

recent ruling on affirmative action in college admissions. 

Civil Rights Act of 1964

targeted discrimination by private individuals in employment and public accommodations (hotels, restaurants, etc.).

Voting Rights Act of 1965

prohibits discrimination in voting and voter registration; later developments including Shelby County v. Holder

Shelby County v. Holder. 

U.S. Supreme Court decision that struck down the coverage formula in Section 4(b) of the Voting Rights Act of 1965

Women’s rights movement

early alignment with the abolition movement; Seneca Falls Convention (1848) as the first large, well-organized effort. 

Gender pay gap

factors commonly discussed (hours worked, occupational differences, career interruptions for child-rearing, etc.). 

Hispanic Americans

growth, political gains, health/life expectancy patterns, income levels, historical presence. 

Asian Americans

immigration history (labor in mines and railroads), educational attainment, family structure, income, representation in top positions. 

Texas Penal Code

system of prohibitions, penalties, and correctional measures addressing conduct that causes or threatens harm. 

Civil law

concerns private relationships. 

Burden of proof

“preponderance of the evidence” in civil cases; “beyond a reasonable doubt” in criminal cases. 

Pardon

granting of forgiveness by the state for a conviction (distinguish from reprieve or commutation). 

Speech / Expression

Schenck v. United States; Brandenburg v. Ohio 

Religion

Lemon-related cases; Burwell v. Hobby Lobby 

Second Amendment

District of Columbia v. Heller; McDonald v. Chicago; New York State Rifle & Pistol Assn. v. Bruen 

Privacy / Autonomy

Roe v. Wade; Bowers v. Hardwick; Dobbs v. Jackson; Obergefell v. Hodges 

Criminal Procedure

Gideon v. Wainwright; Miranda-related rulings; exclusionary-rule cases 

Equal Protection

Brown v. Board of Education; Students for Fair Admissions v. Harvard 

Voting

Shelby County v. Holder (and Voting Rights Act context) 

Founding-era practice regarding government support or promotion of religion. 

Early American practices often mixed basic acknowledgments of religion (such as legislative chaplains or public thanksgivings) with a growing rejection of tax-supported official state churches

Relative party identification among African Americans

Democrat

Relative party identification among Hispanics

Over 50% of Hispanics in Texas are Republican

Relative party identification among white women, white men, and white southeners

Republican

Poverty rates by household type (two-parent vs. single-parent, male-headed vs. female-headed).

(2 parent- 6%, single- 27%) (male- 19%, female- 36%)

Texas leads the nation in number of-

prisoners executed

1st Amendment? (Liberty or Right)

Civil Liberty

2nd Amendment (Liberty or Right)

Civil Liberty

14th Amendment- Equal Protection Clause (liberty or right)

Civil Right

4th Amendment (Liberty or Right)

Civil Liberty

5th Amendment (Liberty or Right)

Civil Liberty

6th Amendment (Liberty or Right)

Civil Liberty

15th Amendment- the right to vote regardless of race or skin color

Civil Right

8th Amendment (Liberty or Right)

Civil Liberty

19th Amendment (Liberty or Right)- protects the right to vote regardless of sex

Civil Right

24th Amendment (Liberty or Right)- banned poll taxes

Civil Right

Imminent Lawless Action Test (The Brandenburg Test)

Used to determine when the government can restrict advocacy of illegal conduct or hate speech.

Speech is not protected if it meets two strict conditions:

1. The speech is directed to inciting or producing imminent lawless action.

2. The speech is likely to incite or produce such action.

The Lemon Test

Used to determine if a government law or program violates the Establishment Clause (which prevents the government from establishing or endorsing a religion).

To be constitutional, a government action must pass all three prongs:

1. Secular Purpose: The law must have a non-religious purpose.

2. Neutral Effect: The primary effect of the law must neither advance nor inhibit religion.

3. No Excessive Entanglement: The law must not foster an excessive government entanglement with religion.

Strict Scrutiny

Compelling + Narrowly Tailored. (Think: Highest bar, government almost always loses) (Race, national origin, religion, and fundamental rights (like voting or speech)

Intermediate Scrutiny

Important + Substantially Related. (Think: The middle ground, specifically for gender).

Rational Basis

Legitimate + Rationally Related. (Think: Lowest bar, government almost always wins).