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Govt 1

For my second govt test on CA govt, civil rights, and civil liberties


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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
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
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
Brandenburg v Ohio case
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
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
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
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
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
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)
Schank v US case
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)
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
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
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
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

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