Study Guide: Final Exam
89 Cards in this Set
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Civil Liberties are
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The fundamental freedoms that together preserve the rights of a free people
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The Bill of Rights are
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The first ten amendments of the Constitution and Protect individual and state rights
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False written accusations
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Libel
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False spoken accusations
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Slander
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What case introduced the clear and present danger clause?
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Schenck v. U.S. (1919)
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A rule from English law saying that expression could be punished if it could ultimately lead to illegal behavior constitutes...
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Bad tendency test
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Publicly offensive language or portrayals with no redeeming social value is deemed an...
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obscenity
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The need for an armed militia to defend the state was
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The bases for the second amendment
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What TRANSFORMED the bill of rights?
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The civil war
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What amendments were results of the civil war?
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13, 14, and 15th amendment
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What three liberties are intertwined within the first amendment?
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Freedom of speech, press, and assembly
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The second amendment is basically...
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The right to keep and bare arms
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Madison feared the
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Tyranny of the majority
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The balancing doctrine says...
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Freedom of speech must be balanced against other competing public interests at state in particular circumstances
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The regulation that advertising or other speech made for business purposes (may be regulated) is...
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Commercial speech
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The regulation that advertising or other speech made for business purposes (may be regulated) is...
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Commercial speech
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The freedom of religion is guaranteed by..
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The establishment clause and the free exercise of religion clause
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What case is significant to the fourth amendment?
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Mapp v. Ohio
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1st amendment
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freedom of religion, speech, press & assembly
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The 1st amendment is a trio of what three freedoms?
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speech, press & assembly
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What is the clear and present danger doctrine?
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we have the right to speech unless our speech is endangering the nation
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What is the establishment clause (religion)?
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no national religion
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What is the free exercise of religion clause?
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We have the right to chose/practice whatever religion
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2nd Amendment
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bare arms
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Due Process Laws
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4th, 5th, 6th, 8th and 9th
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4th Amendment
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protection from search & seizures
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Exclusionary rule (of 4th amendment)
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evidence can't be presented in the court unless it is legally obtained
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5th amendment
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the right to keep silent (self-incrimination) [Miranda Rights]
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6th amendment
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trial by jury
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6th amendment affords the right to...
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legal council speed trial trial by impartial jury right to confront witnesses
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Can one be accused of Double Jeopardy?
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No
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8th amendment
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cruel & unusual punishment
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What is the writ if Habeas Corpus
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Prisoner must be brought before a judge to hear what he is being charged with
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What is a plea bargain?
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Bargain for lesser sentence (in order for this the defendant must admit to being guilty)
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9th amendment
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the right to privacy (to be left alone)
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Roe v. Wade
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Allow women the rights to her body (ex. of 9th amendment)
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Griswold v. Connecticut
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Contraceptions cannot be restricted by states (ex. of 9th amendment)
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Civil rights are the positive acts government take to protect (not EXPOSE) individuals to arbitrary discriminative behavior based on categories such as
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race, sex, national origin, age and sexual orientation
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The Pool tax, Grandfather Clause, White Primary, and Jim Crow laws were restored after
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the civil war
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Poll Tax
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Amount of money one must pay before voting
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Grandfather Clause
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If you grandfather or father could vote before the war you can vote now
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White Primary
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White people running and voting in primary
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Jim Crow Laws
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Laws put in place by states for segregation
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State action doctrine
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is the rule stating that only the actions of state and local governments, not those of private individuals, must conform to the equal protection clause.
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What group was key in developing legal cases against segregation?
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NAACP
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De Jure
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is racial segregation that is legally sanctioned
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De Facto
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is racial segregation that occurs as the result of decisions of private individuals
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What is affirmative action?
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The actions taken to meet the quota
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What is Quota?
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Certain amount of an ethnic group (minority)
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Are Native Americans protected explicitly in the constitution?
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No.
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What happened to the Equal Rights Amendment (from its introduction to its dismissal)
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Women wanted equal rights, but then states started hating because it would make the women join the draft. 35 states wanted up but it requires 38 so it died.
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What amendment guaranteed the right to vote to all former slaves
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15th
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13th amendment
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slaves were freed
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14th amendment
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all citizens equal under law
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15th amendment
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slaves vote
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19th amendment
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women vote
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what amendment lowered the voting age to 18 years?
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26th amendment
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What amendment outlawed the poll tax?
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24th amendment
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What is the civil rights act of 1964?
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Outlawed segregation in public places
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In this case, the court ruled that separate is equal?
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Plessey v. Ferguson
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In this case, the court ruled that separate is inherently unequal?
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Brown v. Board of Education
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After Brown v. Board of Education, the court ordered that segregated systems be dismantled "with all deliberate speed".
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States weren't given a strong timeline and the South took advantage of it
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Texas has historically been
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Conservative
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Has the Texas legislature always been run by Republicans?
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No.
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Has the ideology always stayed the same in Texas?
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yes
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Texas has a
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statutory constitution
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What is a statutory constitution?
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all the laws are outlined point by point
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There are __ articles in the constitution
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17 articles
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There are __ amendments to that constitution
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more than 400
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The Texas Legislature is
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Bicameral
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Bicameral
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140 days in session meet every 2 years. Gov. can call special session (30 days)
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How many Senators and Representatives are in the Texas legislature?
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31 Senators (31st is the lut. gov.) 150 Representatives
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The current constitution was enacted in...
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1876
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How many constitutions have there been in Texas?
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6, when our loyalties change we change our const.
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What veto power does the Texas governor have that the U.S. President does not have?
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Blind item veto (if the gov. gets a bill he can mark out what he doesn't like)
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The Texas executive branch contains a plural executive. What does that mean? How is it different from the U.S. executive branch?
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Power is diffused. (Texas: specialized departments with more people in them, we elect) (U.S.: more broad, president elect)
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Does the Lieutenant Governor have more power than the governor
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yes, much more power
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How does the Texas judiciary mirror the U.S. Judiciary? How is it different?
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Similar: Tiered court system Different: 2 supreme courts (Civil & Criminal)
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Pessy v. Ferguson
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upheld separate but equal facilites being constitutional
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Sweatt v. Painter
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challenge to segregated system at UT Law school
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Brown v. Board of Education, Topeka Kansas
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successful challenge to separate but equal doctrine established in Plessy.
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Schenck v. U.S. (1919)
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free speech challenge- Clear and Present Danger Doctrine
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Miller v. California (1973)
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addresses obscenity, and further defines it
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Texas v. Johnson
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flag burning, free expression case
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Mapp v. Ohio
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exclusionary rule; evidence tainted by an illegal search
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Miranda v. Arizona
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right to not testify against oneself/ self-incrimination
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Gideon v. Wainwright
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right to legal counsel
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Griswold v. Connecticut
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addresses privacy rights and access to contraceptives
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Roe v. Wade
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guarantees a woman’s right (with some restrictions) to an abortion
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Study Guide: Final Exam