OSU Government Final

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Oklahoma State University Government Final

Civil Liberties

One's freedom to exercise one's rights as guaranteed under the laws of the country.

Advanced Citizenship

Knowing what your civil liberties are.

Civil Rights

Right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments. Government is required to protect these. (13th, 14th)

Barron v. Baltimore

the 1833 Supreme Court decision holding that the bill of rights restrained only the national government, not the states and cities. Not the case today though. (5th amendment)

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Incorporation Theory

The view that most of the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment's due process clause. (14th)

First Amendment to be incorporated was?

1st amendment in 1925, Gitlow v. New York

Last Amendment to be incorporated was?

2nd amendment in 2010

1st Amendment

Freedom of religion, speech, press, assembly, and petition

Gitlow v. New York

Established selective incorporation of the Bill of rights; states cannot deny "freedom of speech"; protected through the 14th amendment (14th).

Freedom of Speech Questions

New York Times v. United States
Near v. Minnesota
Prior Restraint

New York Times v. United States

In order to exercise prior restraint, the Government must show sufficient evidence that the publication would cause a "grave and irreparable" danger. (1st)

Prior Restraint

Government censorship of information before it is published or broadcast. (1st)

Near v. Minnesota

The 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint. (1st)

Symbolic Speech Cases

Tinker v. Des Moines School District
Texas v. Johnson (Flag burning)

Tinker v. Des Moines School District

(1969) First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others. (1st)

Texas v. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment. (1st)

-Futurama clip- he ate the flag and said he was expressing himself, but no one liked it and wanted him dead (1st)

Restrictions on Expression

Clear and Present Danger
Gitlow v. New York
Brandenburg v. Ohio

Clear and Present Danger

You can not yell fire in a crowded theater. Not protected by freedom of speech. Also if you try and talk someone into fighting you, you are not protected if they hit you. (1st)

Brandenburg v. Ohio

Brandenburg, a leader of the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law. Law was found unconstitutional under the First and Fourteenth Amendments. States were not allowed to punish or prevent inflammatory speech unless it will lead to imminent lawless action. (1st)

Gitlow v. New York

Government said New York had to follow 1st amendment freedom of speech, He made a pamphlet that told people to overthrow government and create a socialist government. He said he had 1st amendment right to say that and court agreed, but also said he failed under bad-tendency rule which restricts speech that has the sole tendency to incite or cause illegal activity. (1st)

Bad Tendency Rule

Restricts speech that has the sole tendency to incite or cause illegal activity. (1st)

Obscenity

Jacobellis v. Ohio
Miller v. California

Jacobellis v. Ohio

1st amendment allows theatres to show porn films; Potter Stewart defined obscene sexual nature and said he "knew porn when he saw it, and that isn't it". (1st)

Miller v. California

Set up a formal list of requirements for something to be declared legally obscene:
Does the average person find it violates contemporary community standards?
Does the work as a whole appeal to a prurient interest?
Does the work show patently offensive sexual conduct?
Does the work lack serious redeeming literary, artistic, political, or scientific merit?
Allows different areas and different states to decide what is obscene. (1st)

Campus Speech

Student Activity Fees
Law Schools and The "Solomon Act"

Hastings Christian Fellowship v. Martinez

Deals with non-discrimination. Two gay students attempted to join but group said they couldn't join. University had banned this group for discrimination. The court ruled against HCF and non-discrimination is a valid point. Campus Speech. (1st)

Solomon Act

Deals with speech that the government wants to make. Any university receiving government funds is required Armed Forces to recruit on campus. (1st)

Freedom of Religion

Establishment-Lemon v. Kurtzman, Prayer, Ten Commandments, Evolution, and Rosenberger v. University of Virginia

Lemon v. Kurtzman

The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion. (Lemon Test) (1st Amendment)

Prayer

Engle v. Vitale
Wallace v. Jaffree

Engle v. Vitale

Mandatory prayer in schools is a violation of the establishment clause. (1st)

Wallace v. Jaffree

Moments of silent prayer at school are unconstitutional---moments of silence are not. (1st)

Van Orden v. Perry

Ten Commandments: First Amendment-Religious Establishment, Public Display of Ten Commandments allowed because it was historical not religious intent. (1st)

Evolution

Edwards v. Aguillard
Intelligent Design

Edwards v. Aguillard

Struck down a Louisiana law requiring the teaching of "creation science" in public schools as a counter to the teaching of evolution, 1987. (1st)

Intelligent Design

You cannot prove the existence or non-existence of God (1st)

Rosenberger v. University of Virginia

Government lost, went too far in trying to limit. The students could print up anything they wanted. Religious group came to print flyer and the printer said they can't because it advanced a particular religion. In this case, UVA was discriminating against the students. They said they would print anything. Students won. (1st)

Gideon v. Wainwright

A landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys. (6th)

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police. (5th)

Mapp v. Ohio

A landmark case in the area of U.S. criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts. (4th)

Exclusionary Rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct. (Based in the 4h, but also in 5th, and 6th)

Terry v. Ohio

Does fourth amendment apply to searches your person? NO, they can search you. (4th)

U.S. v. Leon

"Good faith" exception, officers warrant fell through but officers searched anyways because they thought it worked. They didn't know it was invalid. (4th)

Michigan v. Long

Does fourth amendment apply to your car? NO, they search your car. (4th)

Griswold v. Connecticut

Illegal to sell or give out any birth control in CT. Griswold sets up clinic to give out condoms. Can a state ban giving out contraceptives? NO, because you have right to privacy.
Know that the (1st, 3rd, 4th, 5th and 9th) amendments go into this

Roe v. Wade

Does the woman have the right to get an abortion? YES she has the right to privacy, 1973. (14th)

Weber v. Reproductive Health Services

States you can not use Federal funds to cover an abortion. Such as federal insurance. 1st time the courts almost totally over turned Roe v. Wade. (14th)

Planned Parenthood v. Casey

Pennsylvania statute required a woman to notify her husband before getting an abortion. The Supreme Court overturned the law, but laws calling for parental consent for minors and the imposition of a 24 hour waiting period were upheld. The state can regulate abortion but not with regulations that impose an "undue burden" upon women. (14th)

Cruzan v Director, Missouri Department of Health

Does a person have a legal right to die? YES, 1990; Court found it acceptable to require "clear and convincing evidence" for removal of life support. (14th)

Washington v. Glucksberg

Held that assisted suicide is not a liberty protected by the Constitution's due process clause. (8th Amendment)

Furman v. Georgia, Gregg v. Georgia, and Ring v. Arizona

Does the state have a legal right to execute someone? NO, 8th amendment for all of those cases, "cruel and unusual punishment", Jury has to give you death penalty, judge cannot. (8th Amendment)

2nd Amendment

A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

Printz v. United States

Invalidated a federal law that required local police to conduct background checks on all gun purchasers. (10th and 2nd Amendment)

U.S. v. Miller

1st time that the Supreme Court ruled that 2nd Amendment is an individual right. Miller and Layton had unregistered sawed off shotguns. Argued 1934 law was unconstitutional. Guns at issue weren't used by a militia or military, so it was okay to regulate them. (2nd Amendment)

District of Columbia v. Heller

Second Amendment applies to private gun ownership, not just militias. (2nd)

McDonald v. Chicago

The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states. (2nd,14th)

Slander

New York Times v. Sullivan
Hustler Magazine v. Jerry Falwell
Snyder v. Phelps

New York Times v. Sullivan

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth. (1st amendment)

Hustler Magazine v. Jerry Falwell

Freedom of speech; harder for public offcials to prove libel because they can be parodied. (1st amendment)

Snyder v. Phelps

Westboro Baptist Church protested a soldiers funeral and his father sued for slander. (1st amendment)

Snowball Video

The problem is that we are nowhere near achieving equality in either hearts and minds or employment opportunities. Whites Only Basketball League.

Missouri Compromise

Bans slavery in the western territory, draws a line at 36-30 parallel and says that slavery is legal south of this line and illegal north of this line. Missouri is exception. An agreement in 1820 between pro-slavery and anti-slavery factions in the United States concerning the extension of slavery into new territories.

Dred Scot

He was born a slave, but was freed by this guy's will, but the guy's wife said no, and he said since he went to Ohio, he was free. He was not free because Congress had no ability to declare slavery legal. Dred Scott couldn't sue because he is property. Important because at this point, Civil War becomes inevitable.

Emancipation Proclamation

Issued by abraham lincoln on september 22, 1862 it declared that all slaves in the confederate states would be free, but only a few at first. 1865 Union wins!

Civil War Amendments

13th amendment- prohibits slavery, 14th amendment- deals with citizenship, establishes birth right citizenship, 15th amendment- gives African-American males the right to vote.

Reconstruction Era Civil Rights Act

what do you do with this newly freed population and what do you do with these people that were in the confederacy?

Civil Rights Cases

- Act of 1866- declared that people born in the United States and not subject to any foreign power are entitled to be citizens, Act of 1875-authority to act if states do not protect the civil rights of citizens.

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal. (Seperate but equal).

Integration

Brown v. Board of Education of Topeka
Little Rock Nine, Arkansas-Public Education
Ole Miss-Public Universities

Brown v. Board of Education of Topeka

overruled Plessy v. Ferguson on separate but equal schools, this began integration of public facilities. Unanimous decision. They got that because brown came with no timetable, they said it should come with all deliverable speed. (1954)

Little Rock Nine

In September 1957 the school board in Little rock, Arkansas, won a court order to admit nine African American students to Central High a school with 2,000 white students. The governor ordered troops from Arkansas National Guard to prevent the nine from entering the school. The next day as the National Guard troops surrounded the school, an angry white mob joined the troops to protest the integration plan and to intimidate the AA students trying to register. The mob violence pushed Eisenhower's patience to the breaking point. He immediately ordered the US Army to send troops to Little Rock to protect and escort them for the full school year.

Ole Miss

National Guard was sent to Ole Miss with Integration of Public University.

Civil Rights Act of 1964

- longest filibuster happened over this, outlawed major forms of discrimination against African Americans and women, including racial segregation. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public ("public accommodations"). It directly applied to hotels and restaurants (Title VII) to regulate interstate commerce. Allowed government to sue to desegregate public schools. Equal rights to employment. (This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.)

Voting Rights Act of 1965

1965; invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks; as more blacks became politically active and elected black representatives, it brought jobs, contracts, and facilities and services for the black community, encouraging greater social equality and decreasing the wealth and education gap.

California v. Bakke

Ruled unconstitutional the admission process of the Medical School at the University of California at Davis, which set aside 16 of the 100 seats for African American students. Race can be A factor of accepting admissions, but cannot be THE factor. (14th)

Further Limits

2003 Supreme Court dealt with case from Michigan, can consider race as a factor, but not the sole purpose for acceptance. In this case, Supreme Court decides on a timetable for affirmative action.

Stonewall Riots

- New York city - Triggered activist protests among gays and lesbians - police raided gay bar - people fought back - became symbol of oppression of gays, began the gay pride movement.

Bowers v. Hardwick

In this case, a gay man from Georgia charged with committing sodomy in his own home with a consenting adult. The court ruled that the Constitution does not explicitly grant the right for homosexuals to practice their lifestyle and that laws against sodomy were Constitutional. Do you have a legal right to commit sodomy? In 1986 the Court says NO. (4th)

Romer v. Evans

1996; A Colorado amendment banning gay and lesbian marraige is ruled unconsititutional by the supreme court because it violates the EQUAL PROTECTION CLAUSE.

Lawerence v. Texas

Strikes down state laws banning homosexual activity as unconstitutional violations of the right to privacy. Overturns Bowers v. Hardwick, 1986. (4th)

Gays and Lesbians In The Military

Don't ask, don't tell. Allowed to serve if you stayed in the closet. It is in the process of being repealed. Moving towards open service in military for LGBT.

The Defense of Marriage Act and Gay Marriage

Can you have a legal same sex marriage? Determined by the Defense of Marriage Act (DOMA), it defines marriage for the federal government. It says marriage is between one man and one woman, and they leave it up to individual states to recognize same sex marriage. Most places that it is legal are in Northeast. Also says same sex marriage is different than heterosexual marriage in that if you change states your marriage is the same unless you have same sex marriage.

Child Custody and Adoption

Most states only allow adoption to man and woman, but now some states allow gay adoption. Gay couples are getting more rights.

Seneca Falls

Convention that was formed after women wanted to speak at another conference, but were not allowed. This was the first women's rights conference.

19th Amendment

Gave women the right to vote in National elections.

Feminism

The theory of the political, economic, and social equality of the sexes. Not all feminists are the same- have vastly different views (better jobs, better position in politics, argue that there should be radical change in the way we do things), feminists can be men, and also women can be against feminism.

Equal Rights Amendment

Constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender.

Domestic Violence

Assault within a family, set up battered women's shelters.

Abortion

Most women's rights groups are pro-abortion (they want to have the option).

Frontiero v. Richardson

14th Amendment negates a federal law that allowed a woman in the armed forces to claim her husband as a "dependent" only if he depended on her for 50%+ of his support, while a serviceman could claim "dependent" status for his wife regardless of actual dependency. Enough justices agree that gender deserves "STRICT SCRUNITY".

Craig v. Boren

no longer is strict scrutiny, but is intermediate scrutiny, not as likely to overturn on situations of race, more likely to make a reasoning to discriminate for gender, Oklahoma case, male wanted to buy beer but was not 21, women can buy at 18. Oklahoma law fails and so women have to wait until 21.

Title IX

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Pregnancy Discrimination Act

Law that requires pregnant employees to be treated like all other employees when determining benefits.

Title VII

Part of 1964 Civil Rights Act - prohibits discrimination on the basis of race, color, religion, sex, or national origin; also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin.

Sexual Harassment

Unwanted physical or verbal conduct or abuse of a sexual nature (Faragher v. The City of Boca Raton) (Burlington Industries v. Ellorth)

Wage Discrimination

Situation that exists when individuals of equal ability and productivity (as measured by their contribution to output) are paid different wage rates. Hard to prove, but technically illegal. Still goes on (Ledbetter v. Goodyear)

Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state.

Interstate Commerce Clause

Constitutional provision that gives Congress power to regulate commerce "among the states."

Federalism

A system in which power is divided between the national and state governments.

Separation of Powers

The division of power among the legislative, executive, and judicial branches of government.

Good Faith Exception

Admission of illegally obtained evidence if illegality results from a technical or minor error. U.S. v. Leon Case.

Slander

Words falsely "spoken" that damage the reputation of another.

Libel

"Written" untruths that are harmful to someone's reputation.

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