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Universities » University of North Texas (UNT) » PSCI - Political Science » 1040 - American Government: Laws.. » Flash Cards

Final Exam - Flashcards

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Class:PSCI 1040 - American Government: Laws and Institutions
Subject:Political Science
University:University of North Texas
Term:Spring 2010
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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
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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
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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
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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 freedom of religion is guaranteed by.. The establishment clause and the free exercise of religion clause
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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
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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
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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
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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
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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)
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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 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
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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
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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)
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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
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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
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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
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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
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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
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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
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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
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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.
Generated by Koofers.com
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
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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
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 Civil Liberties areThe fundamental freedoms that together preserve the rights of a free people
 The Bill of Rights areThe first ten amendments of the Constitution and Protect individual and state rights
 False written accusationsLibel
 False spoken accusationsSlander
 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 wasThe 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 theTyranny 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 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 amendmentfreedom 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 Amendmentbare arms
 Due Process Laws4th, 5th, 6th, 8th and 9th
 4th Amendmentprotection from search & seizures
 Exclusionary rule (of 4th amendment)evidence can't be presented in the court unless it is legally obtained
 5th amendmentthe right to keep silent (self-incrimination) [Miranda Rights]
 6th amendmenttrial 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 amendmentcruel & unusual punishment
 What is the writ if Habeas CorpusPrisoner 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 amendmentthe 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 asrace, sex, national origin, age and sexual orientation
 The Pool tax, Grandfather Clause, White Primary, and Jim Crow laws were restored afterthe civil war
 Poll TaxAmount of money one must pay before voting
 Grandfather ClauseIf you grandfather or father could vote before the war you can vote now
 White PrimaryWhite people running and voting in primary
 Jim Crow LawsLaws put in place by states for segregation
 State action doctrineis 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 Jureis racial segregation that is legally sanctioned
 De Factois 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 slaves15th
 13th amendmentslaves were freed
 14th amendmentall citizens equal under law
 15th amendmentslaves vote
 19th amendmentwomen 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 beenConservative
 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 constitution17 articles
 There are __ amendments to that constitutionmore than 400
 The Texas Legislature isBicameral
 Bicameral140 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 governoryes, 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
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