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Critical Issues Midterm Review

AB
Constitutional Supremacyno one is above the law
federalismpower shared between states and national governments
popular sovereigntypower from the people
checks and balancesgovernment branches restrain other government branches
separation of powerspower is shared among government branches
judicial reviewcourts interpret the law
1st Amendmentfree speech / press / religion
4th Amendmentno searches without cause or warrant
5th Amendmentno self-incrimination / double jeopardy
6th Amendmentopen public jury trial / know the charges / right to attorney
8th Amendmentno cruel or unusual punishment / excessive bail or fine
9th Amendmentunenumerated rights retained by the people
Tinker v. DesMoinesfree speech for students / symbolic speech
Mapp v. Ohioexclusionary rule adopted
Regents of UC v. Bakkequotas are out / diversity is okay
Texas v. Johnsonflag burning is protected / symbolic speech
Roe v. Wadeabortion is allowed / right to choose / privacy rights
Miranda v. Arizonaright to hear your rights
Brown v. Boardseparate is inherently unequal
14 Amendmentequal protection clause / applies Bill of Rights to states
affirmative actionattempts to right the wrongs of the past / reverse discrimination
compelling interesta reason that rights may be limited by government
Jim Crow lawssegregation laws of the south
Reconstructionpost-Civil War period / temporary increase in the rights of African-Americans
Plessy v. Fergusonseparate but equal is okay
Thurgood Marshallargued Brown case / later Supreme Court Justice
Southern Manifestoprotest of Brown decision by southern congressmen
Crisis at Little Rock9 black students get armed escort to school
Martin Luther King, Jr.got his start by organizing bus boycott
civil disobediencepeaceful protests
Birmingham protestdogs and water cannons used on school children
Malcolm Xadopted a militant attitude than MLK
de jure segregationsegregation by law (not permitted after the 60's)
de facto segregationsegregation by practice
slavery reparationsfinancial compensation for slavery
incorporation doctrineBill of Rights incorporated in 14th Am / applied to states
Schenck caseclear and present danger doctrine
seditioncriticism of the government
prior restraintcensorship
symbolic speecharm band, flag burning for example
Open and limited airwavesTV/radio regulation
Zenger casejury nullifies libel charge / free press upheld in colonies for first time
libelwritten falsehoods
Chaplinski casefighting words
Free Exercise Clauseyou can worship freely
Establishment Clausegovernment may not endorse religion
Lemon Testsecular purpose / may not endorse or inhibit religion / no excessive entanglement
roots of freedom of religionReformation / Enlightenment / religious pluralism in colonies / deism
reasons student speech can be restrictedno disruption / against schools mission / part of curriculum
lies, damn lies, statisticsmisleading numbers can appear true


Mr. Winters

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