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Charlotte AP Government Flashcards

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15806318346Plessy v. Fergusona 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal0
15806321613Brown v. Board of Education1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.1
15806326039Swann v. Charlotte-Mecklenburg Board of EducationApproved busing and redrawing district lines as ways of integrating public schools 19712
15806341066Reed v. ReedThe landmark case in 1971 in which the Supreme Court for the first time upheld a claim of gender discrimination.3
15806361398Rostker v. GoldbergCongress can draft men without drafting women 19814
15806365485Regents of the University of California v. BakkeA 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race.5
15806369299Grutter v. BollingerAllowed the use of race as a general factor in law school admissions at University of Michigan 20036
15806381432Lau v. NicholsStudents must be taught in a language they understand 19747
15806393688Obergefell v. HodgesStates obligated to recognize same-sex marriage from other states. 20158
15806410731Why did the Bill of Rights originally only apply to the national government not the states?1833 Supreme Court case said founders intended it for only national government level9
15806443790selective incorporationcourt cases that apply Bill of Rights to states10
15806457991What amendment applies the bill of rights to the states?14th Amendment (after Civil War)11
15806483540What language does the 14th amendment have to allow states to use bill of rights?No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.12
15806495349significance of selective incorportationstates cannot deny citizens of their rights13
15806504867How can free speech be limited?inciting violence, false facts, obscene/inappropriate language, threats14
15806551533Free Exercise ClauseA First Amendment provision that prohibits government from interfering with the practice of religion.The Supreme Court has interpreted this clause so that the freedom to believe is absolute, but the ability to act on those beliefs is not.15
15806573381Establishment ClauseClause in the First Amendment that says the government may not establish an official religion.The Establishment clause prohibits the government from "establishing" a religion. ... Today, what constitutes an "establishment of religion" is often governed under the three-part test set forth by the U.S. Supreme Court in Lemon v. Kurtzman, 403 U.S. 602 (1971).16
15806601133Lemon TestFor a law to be considered constitutional under the Establishment Clause of the First Amendment, the law must (1) have a legitimate secular purpose, (2) not have the primary effect of either advancing or inhibiting religion, and (3) not result in an excessive entanglement of government and religion.17
15806615722Search & Seizure Clause 4th AmendmentThis is a protection against unreasonable search and seizure. The authorities do not have a general power to search and arrest individuals at any time, at any place, and in any manner; rather, they can only do so according to specified procedures that must be "reasonable." U.S. requires a court approved search warrant. other countries have governments allow it.18
15806728266exclusionary ruleimproperly gathered evidence may not be introduced in a criminal trial19
15806728267good faith exceptionan error in gathering evidence sufficiently minor that it may be used in a trial20
15806742500Patriot Act (2001)act passed in response to the terrorist attacks of Sept. 11, 2001, granting broad police authority to the federal, state, and local governments to interdict, prosecute, and convict suspected terrorists21
15806749323Provisions of the Patriot ActEnhanced surveillance procedures for law enforcement, gave federal officials new surveillance authority in terrorism cases, as well as the ability to conduct searches of property without the consent or knowledge of the owner or occupant. Increased federal authority to freeze financial assets of suspected terror groups and individuals. Measures enhancing border security, restricting suspected terrorist ability to obtain visas, and detaining suspected terrorists within the U.S. New criminal statutes broadening the category of terrorism-related offenses. In particular, the Act made it illegal to provide "material support" for terrorist activities.22
15806786234Military Tribunal CourtsA kind of a military court designed to try member of enemy forces during wartime or times of rebellion, operating outside the boundaries of regular criminal and civil court cases. The judges are military officers and fulfill the role of jurors.23
15806803755Strategies by black leaders to gain civil rightspeaceful protests, boycotts, marches, violent protests24
15806836392issues African Americans focused on after voting and integration issuesfair housing, economic issues, equality in education and employment25
15806858303NAACP strategy to fight segregated schoolsThe first step was to get the Court to declare unconstitutional schools that were separate but obviously unequal. Second was to persuade it to declare unconstitutional laws supporting schools that were separate but unequal in not as obvious ways. Third, persuade it to rule that racially separate schools were unequal and hence unconstitutional26
15806906743Success of NAACPwon Brown case to end school segregation - many southern states ignored ruling so court had to issue new ruling to make them desegregate27
15806928669What was the issue concerning desegregation vs. integration? How has this issue been resolved?Many black-owned businesses from segregation. Supremacy of federal authority over the states.28
15806948246Developments making it possible to pass a civil rights billFirst,public opinion was changing. At the leading edge of this change was young, college-educated people. Second, certain violent reactions by white segregationists to black demonstrators were vividly portrayed in the media in ways that gave to the civil rights cause a powerful moral force.Third, President John F. Kennedy was assassinated in November 1963. The shock of the president's murder helped build support for efforts by the new president to obtain passage of a strong civil rights bill as a memorial to the slain president.Fourth, the 1964 elections not only returned Johnson to office with a landslide victory but also sent a huge democratic majority to the House and retained the large Democratic margin in the Senate. This made it possible for northern Democrats to outvote southerners in the House29
15807019987What are two standards the Court uses today to in considering gender discrimination cases?The first is the reasonableness standard. This says that when the government treats some classes of people differently from others, the differently treatment must be reasonable and not arbitrary.The second is the strict scrutiny standard. This says that some instances of drawing discrimination between different groups of people are inherently suspect; thus the Court will subject them to strict scrutiny to ensure that they are clearly necessary to attain a legitimate state goal30
158070739221986 Immigration Reform and Control ActThe law made it illegal for employers to knowingly hire individuals unauthorized to work in the United States and established a system for verifying the legal status of employees. The Immigration and Naturalization Service and the U.S. Border Patrol were provided increased funding for the purpose of enforcing immigration law. IRCA also created new, separate visa categories for temporary agricultural work and temporary nonagricultural work31
158071136375 statutory requirements for naturalization18 years old, lived here 5 years, good character, pass test and take oath (speaking English)32
15807198341Americans with Disabilities Act 1990 (ADA)The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications.33
15807211811Hyde Amendmentlegislative provision barring the use of federal funds to pay for abortion except to save the life of the woman, or if the pregnancy arises from incest or rape.34
15807226770Civil Rights Act of 1964The Civil Rights Act of 1964 is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, or national origin. It prohibits unequal application of voter registration requirements, and racial segregation in schools, employment, and public accommodations.35
15807226771Civil Rights Act of 1965The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting.36
15807231154Civil Rights Act of 1968The Civil Rights Act of 1968 prohibited the following forms of housing discrimination: Refusal to sell or rent a dwelling to any person because of his/her race, color, religion or national origin. ... Discrimination against a person in the terms, conditions or privilege of the sale or rental of a dwelling.37
15807231155Civil Rights Act of 1972On June 23, 1972, the President signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law. Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity.38
15807239218Civil Rights Act of 1991Provide suitable solutions for purposeful discrimination and illegal employment harassment.39
15807396609Barron v BaltimoreConstitution's Bill of Rights restricts only the powers of the federal government and not those of the state governments.40
15807403987Reynolds v U.S.religious duty was not a defense to a criminal indictment.41
15807408681Engle v Vitaleunconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.42
15807415338Abington School District v Schemppschool-sponsored Bible reading in public schools in the United States to be unconstitutional.43
15807415339Lemon v Kurtzmanprayers during a school function such as graduation ceremony are a violation of the Establishment Clause because they fail the Lemon Test.44
15807423703Wisconsin v Yoder, et al.Amish children could not be placed under compulsory education past 8th grade. The parents' fundamental right to freedom of religion was determined to outweigh the state's interest in educating their children.45
15807434536Allegheny v ACLUchallenge to two different holiday displays. The first was a crèche located in the main staircase of a county court building with a sign above the manger reading "Gloria in Excelsis Deo," Latin for "Glory to God in the Highest." The second display was located outside a county building and included an 18-foot Chanukah menorah next to a 45-foot Christmas tree, with a sign declaring the city's "salute to liberty." The Court held that the crèche placed in the courthouse violated the Establishment Clause because it appeared to officially endorse Christianity, but the display containing the menorah and Christmas tree, together with the sign proclaiming a salute to liberty, did not violate the constitution. Regarding the crèche, the Court found that the inscription above the manger endorsed a patently Christian message because it proclaimed glory to God for the birth of Jesus Christ, and there was nothing surrounding the crèche that detracted from its purely religious message. While the Court noted in Lynch v. Donnelly that the government may acknowledge Christmas as a cultural phenomenon, the Court concluded in this case that the government may not suggest that people praise God for the birth of Jesus. Thus the crèche constituted government endorsement of religion in violation of the First Amendment. In contrast, the Court held that the menorah and the Christmas tree with the sign saluting liberty conveyed a message of pluralism and freedom of belief during the holiday season, which could not be reasonably interpreted as an endorsement of any religion in particular. Therefore, the tree and menorah did not violate the Establishment Clause.46
15807439235Oregon Employment Division v Smiththe state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual.47
15807439236Lee v Weismanschools may not sponsor clerics to conduct even non-denominational prayer.48
15807453028Church of Lukumi Babalu Aye v HialeahThe Church of Lukumi Babalu Aye practiced the Afro-Caribbean-based religion of Santeria. Santeria used animal sacrifice as a form of worship in which an animal's carotid arteries would be cut and, except during healing and death rights, the animal would be eaten. Shortly after the announcement of the establishment of a Santeria church in Hialeah, Florida, the city council adopted several ordinances addressing religious sacrifice. The ordinances prohibited possession of animals for sacrifice or slaughter, with specific exemptions for state-licensed activities.The Court held that the ordinances were neither neutral nor generally applicable. The ordinances had to be justified by a compelling governmental interest and they had to be narrowly tailored to that interest. The core failure of the ordinances were that they applied exclusively to the church. The ordinances singled out the activities of the Santeria faith and suppressed more religious conduct than was necessary to achieve their stated ends. Only conduct tied to religious belief was burdened. The ordinances targeted religious behavior, therefore they failed to survive the rigors of strict scrutiny.49
15807453029Town of Greece v Gallowaythe court decided that the Town of Greece, New York may permit volunteer chaplains to open each legislative session with a prayer.50
15807457724Burwell v Hobby Lobbythe contraceptive mandate promulgated under the Patient Protection and Affordable Care Act violated privately held, for-profit corporations' right to religious freedom.51
15807457725Schenck v USfreedom of speech protection afforded in the U.S. Constitution's First Amendment could be restricted if the words spoken or printed represented to society a "clear and present danger."52
15807463165Gitlow v New Yorkthe Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states.53
15807473346Tinker v Des Moines Independent Community School Districtstudents' free rights should be protected and said, "Students don't shed their constitutional rights at the school house gates."54
15807473347Morse v Frederickthe First Amendment does not prevent educators from suppressing, at or across the street from a school-supervised event, student speech that is reasonably viewed as promoting illegal drug use.55
15807485791Hazelwood v Shulmeiergiant step back for student press and speech rights. Unlike an earlier Supreme Court ruling that established the so-called Tinker Standard, the Hazelwood decision declared students do shed some of their Constitutional rights at the schoolhouse gate.56
15807485792Texas v Johnsoninvalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states.57
15807492978Reno v ACLUnanimously ruled that anti-indecency provisions of the 1996 Communications Decency Act violated the First Amendment's guarantee of freedom of speech.58
15807492979Snyder v Phelpsspeech on a matter of public concern, on a public street, cannot be the basis of liability59
15807498240McDonald v Chicagothe Second Amendment to the U.S. Constitution, which guarantees "the right of the people to keep and bear Arms," applies to state and local governments as well as to the federal government.60
15807498241Mapp v Ohioevidence obtained in violation of the Fourth Amendment to the U.S. Constitution, which prohibits "unreasonable searches and seizures," is inadmissible in state courts.61
15807504404New Jersey v TLOpublic school officials are subject to the Fourth Amendment's prohibition against unreasonable searches and seizures because they act under the authority of the state.62
15807504405Gideon v Wainwrightstates are required under the Sixth Amendment of the U.S. Constitution to provide an attorney to defendants in criminal cases who are unable to afford their own attorneys.63
15807511200Miranda v Arizonamust be read rights when arrested64
15807517901Roe v Wade (14th and 9th Amendment)abortion legal65

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