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96 Cards in this Set
- Front
- Back
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Civil liberties
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Personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation.
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Civil rights
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The government-protected rights of individuals against arbitrary or discriminatory treatment
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Bill Of Rights
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The first ten amendment of the constitution that largely guarantees specific rights and liberties
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Ninth Amendment
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Part of BOR; "Enumeration in constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
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Tenth Amendment
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Part of BOR; reiterates powers not delegated to national gov't are reserved to states/ppl
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due process clause
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Clause contained in 5th & 14th amendments. Over yrs, it has been constructed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary govt action.
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substantive due process
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Judicial interpretation of 5th/14th amendment's due process clauses that protects citizens from artbitrary or unjust laws
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incorporation doctrine
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interpretation of constitution that holds that the due process clause of 14th amendment requires that states and local govt guarantee the rights
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selective incorporation
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judicial doctrine whereby most but not all of protections found in BOR are made applicable to the states via 14th amendment
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fundamental freedoms
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rights defined by court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review, strict scrutiny
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1st amendment
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BOR; restricts the fed govt w/ respect to civil liberties of the people, ex) freedom of religion, speech, press, assembly, and petition
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establishment clause
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1st clause in 1st amendment; natl govt cant est natl religion
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free exercise clause
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2nd clause of 1st amendment; freedom of religion, govt cant interfere
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prior restraint
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constitutional doctrine; govt cant prohibit speech/publicatiomn b4 the fact. violation of first amendment
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clear and present danger test
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test by S.C. in case Schenck v. US(1919) to draw line b/e protected and unprotected speech; if words create clear/present danger that there will be substantive evils, congress will prevent
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direct incitement test
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test by S.C. in case Brandenburg v. Ohio (1969) that says govt only punish advocacy of illegal action only if "advocacy is directed to intiice/produce immiment lawless action/protests
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symbolic speech
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forms of expressions protected as speech
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libel/slander
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untrue statements, libel is printed; slander is spoken, false, defaming statements
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fighting words
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words that" by their utterance inflict injury or incite breach of peace"- first amendment
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writs of habeous corpus
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prove prisoner held lawfully and prisoner allowed free if judge not persuaded by govt's case- these rights imply prisoners have right to know charges against them
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ex post facto law
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prohibited by constitution; actions committed before law passes, for US is legal bc not a law before
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bill of attainder
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prohibited by US constitution; legislative punishment w/o judicial action
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4th amendment
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BOR; protects people from unreasonable searches by fed gov't. it also somewhat what may or may not be searched- warrants by probable cause required
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5th amendment
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"no person shall be compelled in any criminal case to be a witness against himself" thus govt restricted w/ respect to rights of ppl. law is -protection of self-incrimination, inditement of grand jury allowed and cannot deny ppl w/o due process
govt cannot take land w/o conpensation |
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Miranda Rights
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statements must be made by police informing a suspect of constitutional rights protected by 5th- ex) lawyer
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double jeopardy clause
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part of 5th that protects individuals from being tried twice for same offense
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exclusionary rule
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judicially created rule, prohibits police from using illegally seized evidence at trial
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6th amendment
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govt guarantees to accused person assistance of court in his defense. rights to speedy/public trial, impartial juries, trials in state where crime committed, notice of charges, right to confront/obtain favorable witnesses, right to counsel
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8th amendment
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excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
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right to privacy
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judicially created principle that individual actions protected by amendments. includes 1,2,4,9,14 amendments
BOR; some areas of life meant to be private, |
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13th amendment
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civil rights amendment, bans slavery
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black codes
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laws denying most legal rights that newly freed slaves just got; passed by southern states after civil war
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14th amendment
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civil war amendment; guarantees equal protection/due process of law of all u.s. citizens
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15th amendment
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enfanchised newly freed slaves, rights for citizens to vote regardless of color, race, creed etc.
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jim crow laws
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laws by southern states that discriminated against blacks by creating whites only public accomodations
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civil rights cases (1883)
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five cases under civil rights act of 1875. SC decided that discrimination that state laws enact could not be prohibited by fed govt, private discrimination is allowed
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poll tax
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obvious
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grandfather clause
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in southern states where only allow those who grandfathers had voted before reconstruction to vote unless they passed a literacy/wealth test
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suffrage movement
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drive for voting rights for women
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19th amendment
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women right to vote
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equal protection clause
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part of 14th amendment; guarantees all citizens equal protections of law
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civil rights act of 1964
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wide-ranging legislation passed by congress to outlaw segregation in public facilities/ discrimination in employment. edu, voting. also it created the equal employment opportunity commission
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de jure discrimination
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racial segregation thats a direct result of a law or official policy
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de facto discrimination
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racial discrimination that results from practice (ex. housing patterns) rather than law
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equal employment opportunity commission
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fed agency created to enforce civil rights act of 1964- which forbids discrimination
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women's equality amendment
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proposed amendment to constitution stating "equality of rights under the law shall not be denied or abridged by US of state on the account of sex"
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suspect classifcation
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category/class that triggers highest standard of scrutiny from SC
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strict scrutiny
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heightened standard of review used by SC to determine the constitutional validity of challenged practice
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title IX
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provision of educational amendments of 1972 that bars edu institutions recieving fed funds from discriminating against females
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affirmative action
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policies designed to give special attention/compensatory treatment to members of previously disadvantaged groups
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lemon v kurtzman
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money from teachers cant go to teachers, 3 rules: 1. secular
2. govt action not affect religion 3. govt action not entangle w religion |
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lynch v donnelly
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reliogus displays ok if for all religiions and for holiday purpose, not religous, not advances the religion
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zelman v simmon-harris
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money ok for catholic schools if for kids, not other things tho bc of establishment clause
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engel v vitale
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NY, non demoninationa prayer un constituonal
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abingdom v schempp/ murrrary v curtlett
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no go on school prayer
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Gomillion v. Lightfoot
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violated 15th amendment by redistrciting
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crawford v marion county
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indiana- upheld that id required is ok
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wallace v jaffee
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moment of silence unconstitutional
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westwide v mergens
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bible club ok bc social club
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lee v weisman
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no prayer at graduation, cant make student choose b/e graduation and religion
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santa fe v doe
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no prayer at hs football games
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west virginia v. barnette
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kids didnt do pledge bc jehovahs witness
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wisconsin v yoder
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amish kids dont have to go to h.s.
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sherbert v. verner
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no work on saturday, bc religion, company still has to pay them. SC protected action for first time
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reynolds v us
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no pologomy
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oregon v smith
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no peyote bc drug, even if for religion
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lukumi v hialeah
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illegal for hialeah to prohibit animal sacrifice
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gonzales v o centru
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SC ruled can use houscoa
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schenk v US
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war pamphlets pass-out illegal bc clear/ danger
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gitlow v NY
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distribute socialist manifesto, also c/p danger upgraded to bad tendency- might cause bad stuff to govt- 14th amendment- selective incorportation- extended to states reverseal of barron v. baltimore, where BOR only federal
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brandenburg v ohio
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kkk guy said bad things, but not direct incitement
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symbolic expression is not as protected as free speech
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ok, remember that
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tinker v des moines
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kids protest nam w black bands, ok bc politcal expression
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texas v johnson/ us eichman
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burned flag- ok bc political expression, congress mad and made it illegal, guy did it again and SC said again that law illegal and ok to burn the flag
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roth/miller
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rules, work taken as whole,
1. lewd as whole 2. sexual as a whole 3. not artistic, literary etc as whole |
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ny times v US (pentagon papers)
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stolen papers, us argue cant print bc embaressing and didnt argue if it would be c/p to us
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ny times v sullivan
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must be false and malcious to be tried
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mapp v ohio
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looking for fugitive, found porn, illegal bc seach warrant didnt say that
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us v leon
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this narrows exclusionary rule with the good faith exception; police get a legit warrant but if see something in plain sight, or things you control, its ok; police get more power than individual
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miranda v arizona
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didnt know he didnt have to talk
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gideon v wainwright
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petty theif, jailed bc no lawyer, got a lawyer and got free. eventally over time, court made it more and more mandatory for lawyers to be present for convicts
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furman v georgia
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death penalty unconstituional, more blacks got penalty, arbitrary
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greg v georgia
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death penalty did not violate equal protection clause, must prove racial discrimation at hand
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griswold v conneticut
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contraceptions ok bc private and between married people, parent planning
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roe v wade
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based off griswold v conneticut; abortion to states earlier, but now fed law, legal for first trimester, rules for second, and prohibited in 3rd; SC exceeded constitution authority by writing laws, if decision is overturned, it is based off griswold
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substantive due process
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look into 5/14 amendment
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bowers v hardwick
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gay rights ruled illegal
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lawrence v texas
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overturned hardwick, activity only illegal if gay, thus discriminatory
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slaughterhouse case
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obliterated 14th amendment, it didnt apply locally, it said blacks not members of states
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civil rights cases of 1875 or 83
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literacy test/ grandfather clause ok, fed govt cant stop private discrimination
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plessy v furgeson
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s.c. upheld seperate but equal
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sweatt v painter/mclaurin v oklahoma
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tex law school unconstitutional, seperate not equal, must integreate bc 14th amendment's equal protection clause
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brown v BOE
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segregated schools illegal under equal protection clause of 14th amendment, then in 1955 ruled to desegrgate with all deliberate action
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regents of cal v bakke
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bars quota system, but allows affirmative action, bakke won w. equal protectio clause of 14th amendment
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grutter v bollinger
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law school, ok for them to consider race bc individual approach
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gratz v bolinger
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points system unconstituonal bc too mechanic for admissions process
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