Study Guide
Bill of Rights (14)
Federalism (3)
Civil Rights, sexual preference, gender, race (15)
Amendment 8- excessive bail, fines
Protects from cruel, unusual punishment
1. Federal system- power is shared between states and federal government
2. Dual federalism- cooperative federalism
3. Creative Federalism- system of grants to impose federal priorities and gives money
Mandate – doesn’t give any money
4. Fiscal Federalism- era of black mail by national govt. grants to states- if you don’t do this then
take money away (ex. 21 age for drinking)
5. New Federalism- Federal government fall back give less money to states less regulation to
states
-private sector could take over some things
Advantages of federal system1. allows states to have state solutions for problem and localities to do the same
- in a unitary system this would not be possible
2. states can act like laboratories for policies that might apply at federal level ex. Megans’s law
3. Can nationalize an issue or keep it local to solve issue
4. Encourages diversity among the states ex. Legalized gambling and death penalty
5. give’s the practical opposition a chance to participate
Unitary system- president would appoint only those of his party
Disadvantages1. local policy sometimes conflicts with deferral policy
-supremacy clause- federal supersedes state
2. Suplication of effort- overspending
-buckpassing- fed passes responsibility to states, states passes responsibility to localities then it
does not get done
3. Competition and conflict among the states ex. Businesses- 10 yr amoritorium on taxes
-draw businesses away from other states
4. lack of uniformity of law
Ex. If move from one state to another must figure out laws
-legal marriage ages
5. Unequal distribution of wealth among states
Progression of federal power infringing on states
Causes1. Supreme Court rulings – gave federal government more power
2. Federal government has more resources so they have more influences
3. Great Depression- gave federal government power more power
4. Global economy- Federal government face of global economy
5. As people become more mobile they desired uniform laws
6. Problem of urban areas require federal solution (some argue)
7. Change has come for equity
- Federal government must give to poorer states for social services
Full Faith and Credit Clause- One state must honor laws and contracts of another state
Privileges and immunities clause- One state must grant immunities and privileges of another
state that are granted in their state
How states cooperateExtradition- if criminal commits a crime in one state and flees to another state, governor in
state which has criminal can decide whether to keep them or send them back
Interstate compact- if one state has a service and another state doesn’t can collaborate with
other states to provide them ex. Port authority
Cooperation between states for the exchange of information
Civil liberties- free from government action
Civil rights- government protects rights
Property rights- middle states, southern states
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New England states- church membership
All white men could vote
15th Amendment- former mal slaves the vote
19th amendment- all women were given the right to vote
Disenfranchisement- deices in the southern state “grandfather clause”
Literary test- arbitrary
Poll tax- disenfranchised the poor
Intimidation
1rst barrier to equality- slavery
Dredd v. Stanford- Supreme court said slaves were not citizens but private property
Jim Crow Stage- mandated segregation
Plessy v Ferguson- segregated but equal
Brown v. Board of Ed- school unsegregated
Dejure segregation- segregation by law
Did not end de facto (segregation by practice)
3rd BarrierPrivate Action- Owners of private businesses excluded African Americans from their businesses
Civil disobedience- purposefully breaks laws to call attention to their cause
Rosa ParksIntegrated armed forces- Harry Truman
Executive order- order signed by president which has the force of law which does not need
congressional approval
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Check- supreme court can overturn if they determined unconstitutional
First Civil Rights Act- 1957-
Created civil rights commission
Made it a federal
o Ended literacy tests intimidation
1964 civil rights act-
Ends private action- they cannot discriminate hotels, motels, restaurants and they
cannot discriminate in employment, education, public accommodation, based on race,
sex, color, national origin, religion, or sex
Equal employment opportunity commission- provide for federal inspectors to the south to try
to stop intimidation that was going on
1968- civil rights act- prohibited restrictive covenants, people were putting clauses for home
sale that person being sold house could not sell to black person
Outlawed redlining- banks refused to grant mortgages in African American neighborhoods
Provided federal money for enforcement anyone receiving money that discriminates would
have money withdrawn.
Continues to be structural, historical, and cultural barriers
1967- Johnson “soft” affirmative action
Training, recruitment, affirmative action has to be used to make up for past discrimination
2nd- Nixon “hard” affirmative action- hiring, firing, and promotion
University of California v. Bakke- white male sued university for discrimination
1. Bakke had to be admitted
2. affirm upheld
Problems in the workforce1. glass ceiling
- being a mother- women are primary caregivers
- women CEO’s less likely to have children
-discrimination
- women are less assertive
2. lack of equal pay- comparable worth program
-80 cents/ $100
- equal pay act 1963
Women are more likely to have pink collar jobs
-
Secretaries, household workers, nurses
3. sexual harassment- hostile work environment
Meritor Savings v. Vinson
a. sexual harassment is sexual discrimination under 1964 civil rights act
b. creating hostile work environment is sexual harassment
Harris v. Forklift Systems
Job performance suffered
Psychological damage
“Reasonable woman test”
Oncale v. Sundowner Services- same sex harassment
4. discrimination
5. pregnancy protection- 1978 pregnancy discrimination act
- GE not providing health insurance coverage to pregnant women
6. lack of family leave1993 fair medical leave act
12 wks birth, adoption, personal illness, to care for spouse, child, parents, pay optional
Benefits continue
NJ disability ( maternity leave)
4 wks before birth 66 2/3%
7. mommy track
Leaves work force for period of time to have a child, when come back to work are not able to
start at the same place that they left off
Business policies- family friendly policies
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On site childcare
Subsidized day care
Emergency backup care- for very valued employees
Flex time- will allow a parent to work 7-3
Job sharing- 2 people share 1 job
Telecommuting- person works from home
Compressed work load- 4 ten hour days
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Prorated benefit- vacation for part time etc.
Sexual harassment
Home- problems
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Lack of quality affordable day care
Elder care
Civil Rights and Sexual Preference-
Is not federal protection
30 states can be fired for sexual preference
o NJ does provide protection
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Need protection housing, public accommodation, credit
Initiative referendum- gets rid of past ones and prevents future ones from being passed
Romer v. Evans- deny protection from discrimination
overturned because denied homosexuals equal protection under the law
History of Gay Rights movementMattachine society- network of support among homosexuals
Daughters of Blittis- the ladderWanted to educate people about homosexuality
1969- Stonewall riots in NYC- kick off gay rights
Bar popular with gays, police were harassing, riot ensued, led to week of riots, led to gay
pride parades
Land of legal defense fund- helps with discrimination cases
1973- American psych association removed homosexuality from lists of mental disorders
Anita Bryant- developed save our children campaigns
Tried to get law overturned that protected gays from discrimination
-
She was able to get law repealed
1986- Bowers v Hardwick- Georgia law
o Supreme court said states would make homosexuals conduct illegal
1990- a law prohibiting entry into the US if gay this law voided it
Hate crime statistics act- justice dept. collect and publish data on hate motivated crime
o Race, religion, ethnicity, sexual orientation * not gender
1998- Matthew Shepard
Bias incident- NJ law
o Race, religion, color, ethnicity, sexual orientation, disability, or gender
o Hate crime- bias intimidation (1 level up)
 Name calling, inappropriate gestures or behaviors
 Attempts or commission- crimes of violence
-1992- Bill Clinton was not able to sign executive order disallowing discrimination in the
military
- Established- do not ask, don’t tell policy
- When a person signs up for military can’t ask sexual preference- when they are
serving they are not allowed to reveal their preference
Executive orders- banned discrimination in federal work force by sexual discrimination
Overturned 50 year security clearance ban on homosexuals
Defense of Marriage Act- If one state passes gay marriage then other state does not
have to recognize it- violates full faith and credit clause
Gays Ability to adopt children-
Florida bans this- only state
11 states and DC- sexual preference can’t be used
o Can’t be banned
1996- Florida awarded custody to father because mother was lesbian and father served prison
time for murder
Company PolicyUnited Auto Workers- pressured GM to contract to ban discrimination on sexual preference
2000- Union- give benefits to same sex partners
Lawence v. Texas- Overturned Bower v. Hardwick- state could enforce sodomy law
Overturned it using right to privacy (Griswald) which was used in Roe v. Wade
Griswald established right to privacy-implied many amendments
- search and seizure
Descent- slippery slope argument
Protections by stateCalifornia- banned discrimination of students and teachers
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Right to sue for wrongful death, adopt a partners child
Same sex marriage not promoted1. Organization pro gay rights, rather fight for anti- discrimination
- polls show American support this
2. Activities of right wing Christian Groups
Americans with disabilities ActProtects people with disabilities in employment, public accommodations, public
transportations, telecommunications
When a building is newly constructed or new renovations- must make it handicapped accessible
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Must be “readily achievable”
Business must provide accommodation unless cause “undue hardship”
Tax credits for handicap access and other handicap related things
Additional lawyers
Public accommodation- have to be made available to disabled
New buses, subways, etc wheel chair access
Telephone services- relay
Dupont- disabled- loyal worker
Key TermsBill of Rights- First ten amendments
First Amendment- Freedom of expression which include freedom of speech, assembly, and
association. Freedom of religion
Freedom of speechSeditious Speech- encourages rebellion against the government
Red Scare- people feared conspiracies to overthrow the US government- large scale crack down
on so called seditious activities
McCarthyism- Methods of combating communism characterized by irresponsible accusations
Fighting Words- when spoken face to face, prompt listeners to respond with a punch
Hate speech- derogatory speech – racial, ethnic, sexual, or religious slurs- usually aimed at a
group rather than at a individual
Sexual Speech- situations that fall short of the legal definition of obscenity has been prohibited
Public Forum- a public place such as a street where people have the right to express their views
on issues
Symbolic Speech- the use of symbols rather than words to convey ideas ex. Wearing black
armbands
Freedom of Associations- guarantees the right of an individual the right to join with others to
speak, assemble, and petition the government for redress of grievances. This allows a minority
to pursue interests without being prevented from doing so by the majority
Freedom of the press- freedom from censorship so the press can disseminate the news,
information, and opinion that seems appropriate
Libel- printed or broadcast statements that are false meant to trash someone’s reputation
Separation of church and state- constitutional principal that is suppose to keep church and
state from interfering with each other. In practice restricts government from major efforts
either inhibit or advance religion
Free exercise clause- first amendment clause that guarantees individuals the right to practice
their religion without intervention from the government
Establishment clause- prohibits establishment of a state religion
Due Process- 14th amendment that government will follow fair and just procedure when
prosecuting a criminal defendant
Presumption of innocence- government is required to prove the defendant’s guilt. Defendant is
not required to establish this innocence
Unreasonable search and seizure- searches and arrests that are performed without a warrant
or that fall into one of the exceptions to the warrant agreement
Exclusionary rule- a rule that prevents evidence obtained in violation of the 14 th amendment
from being used in court or against the defendant
Miranda right- a means of protecting a criminal suspects rights against self incrimination during
police interrogations. Miranda v. Arizona
Right to council- criminal defendant to have an attorney in any felony or misdemeanor cases
that might result in incarceration if they are not able to pay the court must appoint them a
lawyer
Right to a jury trial- guarantees the right to a jury trial in any criminal case that could result in
more than 6 months incarceration
Cruel and unusual punishments- torture or any punishment that is grossly disproportionate to
the offense
Plea bargain- prosecutor, defense attorney, and defendant agree on a reduced charge for the
exchange of a guilty plea
Right to abortion- roe v wade established women have a right to terminate their pregnancy
during the first 6 months. States can prohibit abortion during the last three months because
then it is viable
Rendition- CIA seizes terrorist suspects in foreign countries and takes them to other countries
for interrogation. The purpose is to have other countries use methods for interrogation often
torture that the US would not use
National Security Agency- governments largest intelligence service, which uses electronic
surveillance to obtain the communication of possible adversaries
Civil rights- equal rights for persons regardless of their race, sex, or ethnic background
Dred Scott Case- case in which the US Supreme court upheld that blacks whether slave or free
were not citizens and congress had no power to restrict slavery in the territories contributed to
the polarization between North and South and ultimately to the civil war
Equal protection clause- guarantee that everyone is equal under the law
Jim Crow laws- laws enacted in southern states that segregated schools, public
accommodations, almost all other aspects of life
Plessy v. Ferguson- Supreme Court upheld segregation using “separate but equal”
Separate but equal doctrine- allowed for separate facilities between whites and blacks as long
as they were equal
NAACP- organization to fight for black rights, its attorneys challenged segregation in courts and
won many Brown v. board of ed
Brown v Board of Ed- US overthrew separate but equal doctrine and rule unanimously that
segregated schools violated 14th amendment
De jure segregation- segregation imposed by law, outlawed by brown v board of ed and
subsequent court cases
Restrictive covenants- agreements among neighbors in white residential areas not to sell their
homes to blacks
Steering- practice in which retailers promoted segregation by showing blacks houses in black
neighborhoods and whites houses in white neighborhoods
Blockbusting- a practice in which realtors would frighten whites in a neighborhood where a
black family had moved in telling the white that their homes would decrease in value. Whites in
panic would sell their house to the realtors at low prices and the realtors would resell to blacks
thereby resegregating the area from white to black
Redlining- bankers and other lenders refused to lend money to persons who wanted to buy a
house in a racially changing neighborhood
Civil rights act of 1968- prohibits discrimination in the sale or rental of housing on the basis of
race, color, religion, or national origin and prohibits blockbusting, steering, and redlining
Civil rights act of 1964- prohibits discrimination on the basis of race, color, religion, or national
origin in public accommodations
Racial profiling- practice that targets a particular group for attention from law enforcement
based on racial stereotypes
Bilingual education- program where students whose native language is not English receive
instruction in substantive subjects such as math in their native language
Equal rights amendment- amendment that would prohibit government from denying equal
rights on the basis of sex, but failed to be ratified by a sufficient number of states
Pregnancy discrimination act- prohibits firing or demoting an employee for becoming pregnant
Equal pay act- mandates that women and men should receive equal pay for equal work
Living wage- high enough to allow full time workers to meet the basic cost of living, something
the minimum wage foes not do
Comparable worth- principle that comparable jobs should pay comparable wages
Title IX- equal opportunity in education act that forbids discrimination on the basis of sex in
schools and colleges that receive federal aid.
Federalism-a system where power is divided between a central government and subnational or
local governments
Confederal system- central government has only the powers given to it by the subnational
governments
Unitary system- national government is supreme subnational governments have only the
powers that are allocated to them
Mischief’s of faction- a phrase used by James Madison in the federalist papers to refer to the
threat to that nations stability that factions could pose
Necessary and proper- a phrase in the implied powers clause that gives congress the power to
make all laws needed to carry out its specific powers
Implied powers clauses- clause in the US that gives congress the power to make laws necessary
and proper for carrying out specific powers
Supremacy clause- a clause in the US constitution stating that treaties and laws made by the
national government take precedence over state laws in cases of conflict
Tenth amendment- states that powers not delegated to the federal government nor prohibited
by the states are reserved to the states and to the people.
Nationcentered federalism- the view that the constitution was written by representatives of the
people and ratified by the people it believes the national government is the supreme power in
the federal relationship.
Dual federalism- idea that the constitution created a system in which the national government
and the state have separate grants of power with each supreme to its own sphere
State centered federalism- view that our constitutional system should give precendence to
state sovereignty over that of the national government and they argue that the states created
the national government so they are superior to national government
McCulloch v. Maryland- decision that broadly interpreted congress’s powers under the implied
powers clause
New Deal- program aimed at stimulating the economy and aiding the victims of the great
depression led to expansion of the national governments role
Devolution- delegation by the national government to lower units of government to make and
implement policy
Cooperative federalism- day to day cooperation among federal, state, and local officials in
carrying out the business of government
Unfunded mandates- federal laws that require the states to do something without providing
full funding for the required activity
Full faith and credit clause- requires states to recognize contracts that are valid in other states
Home rule- the grant of considerable autonomy to a local government