All units test
13: forbids slavery
14: equal protection to all
15: right to vote for all men no matter the race
The Civil Rights Act of 1964: prohibits discrimination on the basis of race, color, religion, sex or national origin (women in the workplace)
The Voting Rights Act of 1965: Prohibited racial discrimination in voting (banning literacy tests)
selective incorporation:: the due process clause (of the Fourteenth Amendment) to expand the protections within the Bill of Rights and cover state laws/actions. (Process by which amendments are applied to the states)
19: women's right to vote
Title IX: prevent schools and federal funding programs from invoking sex-based discrimination (including activities)
Title VII: employment discrimination based on race
Affirmative Action: To improve opportunities for unrepresented/disadvantaged groups (Got rid of quota in college admissions)
Schenck v. United States: Clear and present danger test: is what you speak doing creating dangers of the public or imminent lawless action? If yes then the government can protest.
Brown v. Board of Education: 14th Amendment: equal protection to all, School segregation is unconstitutional
New York Times v. US: Freedom of the press + no Prior restraint, pentagon papers leaked
Gideon v. Wainwright: 6th Amendment -Due process of the 14th (right to attorney)
Roe v. Wade: Privacy (4th amendment +9th amendment +14 amendment)
Tinker v. Des Moines: Freedom of expression
Wisconsin v. Yoder: Free exercise clause: First Amendment protection of the rights of individuals to exercise and express their religious beliefs, Amish children don’t have to go to school if goes against their religion
Engle v. Vitale: Establishment clause: First Amendment protection against the government requiring citizens to join or support a religion, New York school wanted prayer before school, “All mighty God” only the first 3 major religions
Mapp v. Ohio: 4th amendment (search without a warrant)
Miranda v. Arizona: 6 amendments (against self-incrimination), Must be informed of constitutional rights
California v. Bakke: even though test scores exceeded minorities Bakke was rejected twice based on race (Violated equal protection clause + Civil Rights Act of 1964)
Lemon v. Kurtzman: The Lemon test was created based on the Establishment Clause to, Lemon’s kid went to school and had a pay a fee because it was nonsecular discrimination
Griswold v. Connecticut: Privacy (4th amendment +9th amendment +14 amendment), Connecticut banned contraception for married couples
The exclusionary rule: to prevent illegally obtained evidence from being used in court
Civil rights: equality, protections from discrimination
Civil liberties: protections from freedom of speak government) (ex. Bill of rights)
Establishment clause: First Amendment protection against the government requiring citizens to join or support a religion.
Free exercise clause: First Amendment protection of the rights of individuals to exercise and express their religious beliefs.
How Chicano and LGBTq+ movements difffer: legal Equality, Focus on securing legal rights, including marriage equality for LGBTQ+ and labor/education rights for Chicanos. Intersectionality: Addressed multiple layers of identity, including race, gender, and class. Resistance to Discrimination: Both fought against systemic oppression and societal stigma.
First Amendment (1): Guarantees freedom of speech, religion, press, assembly, and the right to petition the government.
Second Amendment (2): Protects the right to keep and bear arms.
Fourth Amendment (4): Protects against unreasonable searches and seizures, requiring a warrant with probable cause.
Fifth Amendment (5): Includes the right to a grand jury, protection against double jeopardy, the right against self-incrimination, and the right to due process of law.
Sixth Amendment (6): Guarantees the right to a speedy and public trial by an impartial jury, the right to be informed of charges, confront witnesses, obtain witnesses, and have legal counsel.
Eighth Amendment (8): Protects against excessive bail, fines, and cruel and unusual punishment.
Clear and present danger test: is what you speak doing creating dangers of the public or imminent lawless action? If yes then the government can protest.
Obscenity (miller test)
Dangerous implications (clear and present danger test)
First wave (1848 Seneca Fall convention): Coverture (she has to be legally represented by a man) for divorce, employment (No voting rights)
Second-wave feminism and temperance: The Feminine Mystique by Betty Fridan( Gender roles in society)
Third wave Feminism: Sexual harassment in the workplace (Rebecca and Alice Walker)
Fourth wave: Internet-wide (Empowerment of women)
Strict scrutiny standard: Shaw v. Reno, Test racial discrimination, national origin, and fundamental rights (e.g., voting, marriage), Requires: compelling government interest
Letter from a Birmingham Jail: Non-violence resistance, provoking the enemy to show violence from the opposing side, urge for justice against discrimination,
full faith and credit: state courts respect the laws and judgments of courts from other states(article 4,1)
Extradition: one gov requests another to surrender to them
privileges and immunities: protects the fundamental rights of individual citizens
Pluralist Theory: try to please as many interest groups as possible (looking for support)
Elitist Theory: some kind of elites are controlling power brookers making things happen
Hyperpluralism: gridlock (government doesn’t do anything cause there is no method to go forward)
Policy Gridlock: A situation where there is difficulty in passing laws due to competing interests
Brutus: Country is too large -no accurate representation, impractical to enforce laws, will turn into a tyranny- (wants a true confederation)
Federalist no. 10: Factions come from opinions and cant destroy (destroy liberty then ) but we can control the dangers of factions (1 small number we outvote, and the majority (the country is so big) so that they cannot oppress everyone)
Federalist no. 51: separation of powers, protect minority rights, allow difference of opinions/factions
unitary governments: the central government has all the power and hands it out to others (central -> states)
Confederal government: an alliance between the types of government (state and central share power)
Federal Government: national gov (the judicial, executive, and judicial branch)
Dual federalism: states and federal government remain supreme within their own spheres (early 1700s-1930) , Distinct rules (states do this federal does that), Layered cake: touching but not sharing
Cooperative federalism: mingled responsibilities and blurred distinctions between levels of gov, 1930s- New Deal (Franklin D. Rosselevel), Create overlapping powers . Marble cake
enumerated powers: list of powers that Congress can do (article 1 section 8)
implied powers: necessary and proper clause ()
Reserved powers: that aren't directed by states in the constitution (10th amendment)
Concurrent: powers held at both federal and state
Separation of Powers: Legislative, executive, judicial
Checks and Balances: separation of powers to avoid others welding too much power (shared)
US v. Lopez: gun-free school is unconstitutional
McCulloch v. Maryland: All implied powers must directly be tied to enumerated powers
Pocket vetoes: A special veto is exercised by the president after Congress adjourns, by failing to sign or reject a bill.
Informal powers of the president: Executive privilege, Executive orders, Executive agreements
Formal powers of the president: Powers specifically granted to the government by the Constitution.
Trustee: act as seen fit even going against their voters
Delegate: act with the wishes of their voters.
Politico: combines trustee and delegate models, acting on major issues while taking a trustee approach on lesser ones.
Judicial restraint: not looking to overturn the president and finding a clear cut decision
Judicial activism: social and political issues (challenges status quo and social issues)
Divided government: A condition in American politics when one party controls the presidency while another party controls one or both houses of Congress.
Stare decisis: reject the case, let the decision stand (prior decision)
Baker v. Carr: established 1 man one 1 principle, districts must be roughly equal sizes, contiguous (have to be touching and cannot be separate
Shaw v. Reno: Supreme Court case that ruled racial gerrymandering unconstitutional. they must apply the strict scrutiny standard (test discrimination) -compelling state interest, Least restrictive means possible -
Orginialism: maintain the original intent
The living constitution: look at the constitution itself and try to interpret it
Gerrymandering: The division of electoral district boundaries
Federalist #70 : one energetic president, One president is best (can make a quick decisions)
War Powers restrictions: Can only send troops if (Declaration of war if likely, Specific authorization by Congress, National emergency or direct threat) + limited to 60 days
civil service: body of non-elected government employees who are hired based on merit and are responsible for carrying out the day-to-day functions of the government