Govt 1
For my second govt test on CA govt, civil rights, and civil liberties
Terms
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- 6th Amendment
- right to counsel and right to a speedy and public trial by an impartial jury
- double jeopardy clause
- part of 5th amendment that protects individuals from being tried twice for the same offense
- provisons of Civil Rights Act continued
- provided for the witholding of federal funds from discriminatory state and local programs, prohibited discrimination in employment on grounds of race, color, religion, national origin, or sex, and created the Equal Employment Opportunity Commission (EEOC) to monitor and enforce the bans on employment discrimination
- Rights of the Accused
- 4th - 8th amendments, were stressed b/c of British experience
- Plessy v Ferguson (1896)
- key civil rights supreme court case, "seperate but equal". court ruled that seperate but equal accomodations (btwn blacks and whites) didn't violate the equal protection clause of the 14th Amendment
- provisions of Civil Rights Act
- outlawed arbitrary discrimination in voter registration, expedited voting rights lawsuits, barred discrimination in public accomodations engated in interstate commerce, authorized the Dept of Justice to initate lawsits to desegregate public facilities and schools
- Civil Rights Act of 1964
- signed into law by Lyndon B. Johnson, proposed by JKF
- Civil Rights
- the positive acts taken by govts to protect individuals from discrimination by govts, coroporations, or individuals. ensures equality (of opportunity)
- Dred Scott v Sanford
- (1857) key civil rights supreme court case, first major civil rights case to go before the US supreme court.
- NYT v Sullivan
- (1964) public figure libel case. Supreme Court ruled that "actual malice" must be proved to support a finding of libel against a public figure
- Suspect Classification
- category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court
- Equal Rights Amendment
- amendment proposed by congress in 1972. amendment would bar discrimination against women by federal and state govts. defeated b/c some viewed it might harm women, viewed it was covered in 14th, view it might encourage lesbianism, etc. has been introduced every yr in congress
- writ of habeas corpus
- a court order in which a judge requires authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the judge is not persuaded by the govt's case. habeas corpus rights imply that prisoners have a right to know what charges are being made against them
- 1896
- Plessy v Ferguson case
- 19th Amendment
- (1920), enfranchised women
- State Assembly
- lower house of CA govt, 80 members, term of office up to three 2 years terms, top leadership position: assembly speaker
- Black Codes
- laws passed southern states following civil war that denies most legal rights to newly freed slaves
- 4th Amendment
- prohibits unreasonable searches and seizures
- civil rights
- positive freedom, freedom to exercise rights, right not to be discriminated
- 15th Amendment
- (1870), civil war amendment, enfranchised (allow to vote) black males
- Civil War Amendments
- 13th, 14th, and 15th Amendments. made in reconstruction era
- State Senate
- Higher House (CA govt), 40 members, term of office up to two 4 years terms (up to ten yrs), top leadership position: President Pro Tempore
- 1st Amendment
- right to speech, relgion, assembly, and press
- devices used to prevent blacks from voting
- used in southern states, followed black codes. poll taxes, grandfather clauses, literacy tests, and property-owning qualifications
- slander
- verbal statement defaming one's character
- Roe v Wade (1973)
- abortion case, right to privacy. Ruled that there is an absolute right to an abortion in the 1st trimester, right to abortion in 2nd trimester (health of mother must be taken into account), and abortion is illegal in the 3rd trimester except to save life/health of the mother
- Establishment Clause
- prohibits the national govt from establishing a national religion. Thomas Jefferson: it creates a "wall of seperation" between church/religion & state
- 1969
- Brandenburg v Ohio case
- Initiative
- a method by which voters may propose and pass laws (statutory) and constitutional amendements. Only 24 states have it
- Brown v Board of Education
- (1954) key civil rights supreme court case. Topeka, KS. overturned Plessy case ruling.
- 5th Amendment
- double jeapordy clause, self-incrimination, etc.
- Incorporation Doctrine
- the BOR made applicable to the states
- Referendum
- a method by which voters may overturn laws and approve constitutional amendments, bond issues, etc.
- Right To Privacy Amendments, etc
- 1st: religion; 3rd: quartering of soldiers; 4th: no unreasonable searches and seizures; 9th: non-enumerated rights; 14th: due process. right to birth control, abortion, homosexuality, and right to die
- Judiciary
- defines our rights (interpret the law)
- 3 Tools of Direct Democracy
- Initiative, Referendum, Recall
- Selective Incorporation
- the process by which the US Supreme Court has chosen to apply most, but not all of the BOR to the states (ex: 2nd amendment)
- Affirmative Action
- policies designed to give special attention to compensatory treatment to members of a previously disadvantaged group
- Prop 215 and Prop 13
- Initiative, 215 allows medical maijuana, 13 concerns property taxes
- Civil Rights Act
- 1964
- SNCC
- key civil rights organization. Student Nonviolent Coordinating Committee. founded 1960
- Bill of Rights
- First 10 amendments to the US Constitution (1791)
- Warantless searches
- person arrested, things in plain view of the accused, thins under the arrestees immediate control, probation or parole, open fields. reasonable suspicion, w/consent (any household occupant, minors can't grant consent)
- Strict Scrutiny
- a heightened standard of reviw used by the Supreme Court to determine the constitutional validity of a challenged practice
- civil liberties
- negative freedom, freedom FROM govt interventions in everyday life
- Poll Tax
- a tax levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot
- SCLC
- key civil rights organization. Southern Christian Leadership Conference. founded in 1957 by, among others, Dr. MLK Jr.
- Brandenburg v Ohio
- (1969) case that established the "direct incitement" test
- 13th Amendment
- (1865), civil war amendment. bans slavery and all forms of involuntary servitude
- Fiscal Year
- for CA: July 1st-June 30th, the budget is proposed by governor no later than Jan 10th.
- Roe v Wade
- 1973
- Equal Protection Clause
- section of 14th amendment that guarantees that all citizens recieve "equal protection of the laws"
- Miranda v Arizona (1966)
- established the principle that all criminal suspects must be advised of their constitutional rights before interrogation (implies to those arrested for a crime)
- Compulsory Referendum
- approving constitutional amendments. ex: Prop 55 (statewide school bond)
- 1919
- Schank v US case
- NAACP
- Key civil rights organization. National Association for the Advancement of Colored People. founded 1909, nation's largest and oldest CR organization
- 1, 3, 4, 9, 14
- right to privacy amendments
- due process
- pre-established procedures, procedural guarantees provided by 4th, 5th, 6th, and 8th amendments for those accused of crimes
- Protest Referendum
- overturning laws. ex: Prop 72 (health care coverage)
- NAWSA
- key civil rights organization. National American Woman Suffrage Association. founded 1890
- Homosexuality cases
- Bowers v Hardwick (1986): upheld GA law against sodomy, Lawrence v TX (2003): overturned Bower's ruling
- Progressive Movement
- battled corrupt political machines and sought to return power to the people. Exs: Hiram Johnson, Earl Warren
- libel
- written statement defaming one's character
- Free Exercise Clause
- prohibits the US govt from interfering w/a citizen's right to practice his/her religion. Not an absolute right b/c whenever religious practices conflict w/secular laws, secular laws prevail
- Comparisons of the Establishment and Free Exercise Clauses
- both seperate or define the relationship btwn state and religion, provide americans w/religious liberties, provide americans personal choices, and both state that govt should remain neutral towards religion
- substantive due process
- judicial interpretation of 5th and 14th amendments' due process clause that protects citizens from arbitrary or unjust laws
- 8th Amendment
- prohibits cruel and unusual punishment. rules that minors and mentally unstable cannot be put to death
- Civil Liberties
- fundamental rights and freedoms that the federal govt cannot abridge either through judicial interpretation, by law, or by the Constitution
- Schank v. US
- (1919) case establishing the "clear and present danger" test
- Obsenity Cases
- Roth v US (1957), Miller v California (1973), AB282 (Benoit)
- exclusionary rule
- judicially created rule that prohibits police from using illegally seized evidence at trial
- Recall
- a method by which voters may remove elected officials early from office if they are unhappy with their job performance. Ex: Gov Grey Davis, Assembly Member Doris Allen
- Gideon v Wainwright
- (1963) right to counsel case. Ruled that a lawyer is a "necessity, not a luxury" for criminal cases or crimes leading to prisonment for 6 months or more
- NAACP strategy
- focus to end segregation, began by focusing on professional, graduate, and post-graduate schools
- Founding Mothers
- Elizabeth Cody Stanton and Lucretia Mott
- 14th Amendment
- (1868), civil war amendment, provides US citizens due process of law and equal protection under laws. defines US citizenship, and it is the most litigated amendment
- NOW
- key civil rights organization. National Organization for Women. founded 1966
- Grandfather clause
- voting qualifications provision in many southern states that allowed only those whose grandfathers had voted before reconstruction (civil war) to vote unless they passed a wealth or literacy test
- Gubernatorial Powers
- propose, sign, and veto legislation; prepare/propose and sign state budget; line-item veto power (blue pen/pencil power) w/respect to budged and appropriation measures; appointment powers (for heads of state agencies/depts & members of boards & commissons; clemency powers; call special elections; call special sessions of state legislature; extradition powers; issue executive orders; commander in chief of state's national guard