GoPro unit 3 Flashcard Set
1. Selective Incorporation and the 14^{th} Amendment
Selective Incorporation: The process by which the Supreme Court has applied the Bill of Rights to the states on a case-by-case basis through the Due Process Clause of the 14^{th} Amendment.
The 14^{th} Amendment Clauses:
Due Process Clause: Prohibits states from depriving any person of life, liberty, or property without due process of law. This clause is the vehicle for incorporation.
Equal Protection Clause: Prohibits states from denying any person within its jurisdiction the equal protection of the laws. This is the basis for civil rights protections and anti-discrimination legislation.
2. Levels of Judicial Scrutiny
To determine if a law violates the Equal Protection Clause, the Supreme Court applies three levels of scrutiny:
Strict Scrutiny
Target: Laws involving 'suspect classifications' (race, national origin, religion) or fundamental rights (voting, speech).
Standard: The government must prove the law serves a compelling state interest, is narrowly tailored, and is the least restrictive means to achieve the goal.
Intermediate Scrutiny
Target: Laws involving 'quasi-suspect' classifications (gender/sex).
Standard: The government must show the law is substantially related to an important government objective.
Rational Basis Test
Target: General economic or social classifications (age, wealth, minor restrictions).
Standard: The challenger must prove the law has no rational link to a legitimate government interest.
3. Civil Liberties (The Bill of Rights)
The 1^{st} Amendment: Religion
Establishment Clause: The government cannot establish a national religion (e.g., Engel v. Vitale, 1962, which banned school-sponsored prayer).
Free Exercise Clause: The government cannot prohibit the practice of religion (e.g., Wisconsin v. Yoder, 1972, which protected Amish students from compulsory education past 8^{th} grade).
The 1^{st} Amendment: Speech and Press
Symbolic Speech: Nonverbal communication is protected (e.g., Tinker v. Des Moines, 1969).
Clear and Present Danger: Speech can be restricted if it creates an immediate threat (e.g., Schenck v. United States, 1919).
Prior Restraint: Government efforts to prevent publication are rarely legal (e.g., New York Times Co. v. United States, 1971).
The 2^{nd} Amendment: Right to bear arms incorporated in McDonald v. Chicago (2010).
Rights of the Accused:
4^{th} Amendment: Protections against unreasonable search and seizure; Exclusionary Rule.
5^{th} Amendment: Miranda Rights; protection against self-incrimination.
6^{th} Amendment: Right to legal counsel (e.g., Gideon v. Wainwright, 1963).
8^{th} Amendment: Protection against cruel and unusual punishment.
4. Civil Rights Movements and Legislation
Letter from Birmingham Jail: Martin Luther King Jr.'s argument for nonviolent direct action and the urgency of civil rights reform.
Civil Rights Act of 1964: Outlawed discrimination in public accommodations and employment based on race, color, religion, sex, or national origin.
Voting Rights Act of 1965: Outlawed literacy tests and established federal oversight in jurisdictions with a history of voter suppression.
Title IX (1972): Prohibits sex-based discrimination in any education program or activity receiving federal financial assistance.
5. Policy Making: Iron Triangles and Issue Networks
While often associated with Unit 2, these structures are essential for understanding how the civil rights and liberties policies are implemented.
The Iron Triangle: A three-way relationship between:
Bureaucratic Agencies: Implement policies and provide specialized information.
Congressional Committees: Authorize funding and legislation.
Interest Groups: Provide electoral support and lobbying.
Issue Networks: Larger, more fluid webs of people (including scholars, think tanks, and media) who discuss and advocate for policy changes. Unlike the rigid Iron Triangle, these are temporary and more diverse.