Study Guide for Test 1
Study Guide for Test 1 govt 2305 045
Austin Community College
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This 9 page Study Guide was uploaded by Giselle on Wednesday August 10, 2016. The Study Guide belongs to govt 2305 045 at Austin Community College taught by Celeste Rios in Fall 2016. Since its upload, it has received 10 views. For similar materials see United States Government in Government at Austin Community College.
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Date Created: 08/10/16
Review Chapters 4,5,6,7 Chapter 4 Civil Liberties: Freedoms that the government shall not infringe upon. Bill of Rights: First ten amendments that are in the Constitution 1 : Freedom of Religion, Speech, Assemble, Petition and Press. Freedom of Religion: - Establishment Clause: Forbids government establishment of religion, cannot favor or promote a certain religion. - Free Exercise Clause: Prevents the government from interfering with the exercise of a religion. Freedom of Religion Cases: Lemon v. Kurtzman 1971 : 3 Prong Test, meaning missing any prong would be unconstitutional. Dealt with giving money for public educators, teachers and this money was received through a federal grant. By using the 3 prong test it seemed unconstitutional. Government couldn’t track the teaching of the faculty. Engel v. Vitale 1962: Dealt with school prayer, how it was struck down. School sanctioned prayer in school since it violates Establishment Clause (first amendment establishment clause). Sherbert v. Verner 1963: Seven day Adventist, unemployment office making a woman work on a Saturday (considered a Sabbath for her religion), she refused so she wouldn’t receive any financial benefits, it was struck down since it interfered with her exercise of religion. Division v. Smith 1990 Religion practice does not create excuse not to obey existing laws. Precedent setting ruling had strict scrutiny need not be applied to free exercise cases. Peyote use not protected, since law directed at all citizens not religious group. (1st amend, free exercise clause) Freedom of Expression Cases: Brandenburg v. Ohio 1969 Imminent lawless action, KKK officials spouts hate and makes vague threats against government officials. A reinterpretation of old clear and present danger standard. Gitlow v. New York 1924 Freedom of speech and press are fundamental rights protected by the 14th amendment due process clause - no state can interfere with such a fundamental right. (Gitlow handing out a pamphlet that caused commotion against the government which caused his imprisonment, since he was considered a threat). Clear and Present Danger Test: Interpretation by justice Oliver Wendell Holmes regarding limits on free speech if it presents clear and present danger to the public or leads to illegal actions; for example, one cannot shout "Fire!" in a crowded theater. Schenck v. US 1919 Freedom of speech is not absolute; the decision established the clear-and-present-danger test as a constitutional restriction of free speech; ex. you cannot yell "fire" in a crowded theater. Obscene Material cases: Jacob Ellis v. Ohio 1964 Showing of an obscene French movie in a private movie theater. Fined $2,500 dollars “I know it when I see it”. Miller v. California 1973 Established that community standards must be used in determining whether material is obscene in terms of appealing to prurient interest, being patently offensive, and lacking in value. Freedom of the Press: Prior Restraint: Censorship before publication. Near v. Minnesota 1931 Upheld the Public Nuisance Law of 1925. It was popularly known as the "gag law." The intent of the law was to give the state the right to suppress scandalous and libelous newspapers. *It took many decades to apply the Bill of Rights to the states. The th amendment that was used to leak this was the 14 amendment. There were ceratin rights that were immediately applied to the state these were: Bill attainder, ex post fact law, obligation of contracts. Bill attainder: Ex Post Facto Law: Obligation of Contracts: Palco v. Connecticut 1937 5 amendment, double jeopardy. Giddeon v. Wainwright 1963 6 amendment, right to council (legal representation). Miranda v. Arizona 1966 Right to remain quiet and the right not to incriminate yourself. Mapp v. Ohio 1961 Exclusionary rule Privacy zone: 1,3,4,5,9 amendments. th 9 amendment court cases: Griswold v. Connecticut 1965 Birth control was considered a crime; this law was banned since it violated the right to marital privacy. Roe v. Wade 1973 Abortion became legal in all 50 states. Planned Parenthood v. Casey 1992 Created the test on undue burden. Women could only abort in their first trimester of pregnancy. Personal Anonomy Bauer v. Hardwick 1986 and Texas v. Lawrence 2003, How you use your body and sexual orientation. Chapter 5 Civil Rights: Concentration of Equality • Equality of Opportunity: the idea that each person is guaranteed the same chance to succeed in life. • Equality of Outcome: concept that society must ensure that people are equal, and governments must design policies to redistribute wealth and status to achieve economic and social equality. Civil War Amendments: 13 : No slavery 14 : Provide citizenship to Black Americans 15 : Right for Black American men to vote. Congress and the Supreme Court Law making vs. Law Interpreting 1866 Congress passed Civil Rights Act, the right to make and enforce contracts. 1875 Act granting equal access to public accomodations. The problem was how the states would interpret these laws. Jim Crowe Laws enforced segregation. Plessy v. Ferguson 1896 Homer PLessy sat on white side of train, refused to move and broke Louisiana State Law. “Separate but Equal” doctrine was created. It was constitutional. Brown v. Board of Education 1951 “Separate but Equal” became unconstitutional. Civil Rights Movement leaders: Rosa Parks, Martin Luther King. Movement for Native Americans 1924- received US citizenship 1969- protest based on poverty and no jobs, decided to use the 1868 treaty to claim and take over Alcatraz. They were taken away from the island since it became a museum afterwards. Hispanic Americans Among the poorest and least educated Language barrier, Priority Shift, Education, Border, etc. Disabled Americans Became a protected minority group in 1880. APA Act to create reasonable accommodations for them. Women Protectionism: 1920: Received the right to vote. Reversed Discrimination Affirmative Action: Program with Special Recruitment efforts aimed to expand opportunity for minority groups. University of California v. Bakke 1978 Bakke, a white man, not admitted to a school because the spots were reserved for "qualified minorities". 5-4, Bakke. SC ruled that this violates the equal protection clause of the 14th Amendment and the Civil Rights Act of 1964. Setting the precedent that quotas or targets (Amount of minorities needed to be accepted) in a school used as affirmative action is not allowed. Chapters 6 & 7 What helps develop a political image, the main value for Americans is freedom. How is this developed? How does the government use this to bond us together? Patriotism: A feeling of love and devotion towards one country. Nationalism: A belief that a person's loyalty should be a nation's people sharing a common culture and history. Socioeconomic Status: Public opinion: How we retrieve opinions from the public Benchmark and tracking polls. Political Socialization: Complex process by which people acquire their political values. (You focusing to your thought process over politics, is it formed by your family, education, income, neighborhood? We can use this to read our own voting pattern).
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