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