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64 Cards in this Set
- Front
- Back
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Relativity of Individual Rights
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a rule, as soon as it affects someone else
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When Rights Conflict – Which right takes priority
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supreme court's decision
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Important of the 14th amendment
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fed protection to states (selective incorp)
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Due Process Clause
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-Procedural
inorder to be prosecuted, steps. -substantive procedural due process prohibits the government from arbitrarily depriving individuals of legally protected interests without first giving them notice and the opportunity to be heard. |
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Clear and Present Danger
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if your speech will create a clear and present danger for people around you & the nation, then it can be limited (free speech)
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Establishment Clause
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not allowed to prevent or force exercise thereof a religion
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Lemon test
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Rules that define whther the gov./religion overlap
1 the purpose of aid = secular 2 primary affect cannot help nor hurt religion (money) 3 must avoid excessive intaglement of gov & religion |
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Free Exercise Clause
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religion & satanic cults no gov. intereference except when it interefers with individual rights
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Libel
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false/malicious intent to harm & must be written
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Slander
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false/malicious intent to harm& must be spoken
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Prior Restraint
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Punished for something you are going to do
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Symbolic Speech
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flag burning - picketing , except when its a disruption
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Exclusionary Rule
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when evidence is illegally obtained it may not be used as evidence in any court no matter how incriminating.
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Probable Cause
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Resonable personal standard
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Miranda Rule
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Right to remain silent, informed of crime.
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Prior Review
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someone going in and determing whether or not it is legal
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Bail + Death Penalty
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no excessive bail, fit crime, and can be denied. Put to death @ 18
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Importantce of the 9th Amendment
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potential to have that right
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Affirmative Action Case by Case
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a government sponsored method of desegregation
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Marbury vs. Madison, 1803
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gave supreme court judicial review
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McCulloch vs. Maryland, 1819
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Implied powers (National Bank)
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Bethel School District #403 vs. Fraser, 1986
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Stuvent gives political speech with sexual refrence, not acceptable (disruption of educational process).
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Schenck v. United States, 1919
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Giving out pamplets to avoid draft during Vietnam. He was jailed and it was ruled constitutional since he was a threat to his country.
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Hazelwood School District vs. Kuhlmeier, 1988
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school paper is censored; if a school can present a reasonable educational justification for its censorship, that censorship will be allowed.
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Edwards vs. South Carolina, 1963
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People are against racism, crowd becomes violent, peaceful speaker was arrested. Has to be connection between what is said & violent results.
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Texas vs. Johnson, 1989
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Symbolic speech, burned an american flag @ the texas capitol.
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Tinker vs. Des Moines Public Schools, 1969
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Students wearing blank arm bands protesting vietnam, or were going to do it. "If you do this we'll suspend you," prior restrain, not disruptive.
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West Virginia Board of Education vs. Barnette, 1943
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Can you be forced to recgonize a symbol? (American flag) Ruling: you cannot be forced.
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Lemon vs. Kurzman, 1971
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Lemon Laws
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New Jersey vs. T.L.O., 1985
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Exclusionary rule doesn't apply to state officals. Resonable suspcision is all that is required.
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Nix vs. William, 1984
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If evidence is about to be found legally anyway then it can included
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Miranda vs. Arizona, 1966
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accused of kidnapping & c. Establishment of Miranda Rights.
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Gideon vs. Wainwright, 1963
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deals with 14th aswell as 6th. Janitor is arrested for breaking & entering where he works. Had no lawyers, and was put in jail. Established the right to an attorney.
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Roger vs. Simmons, 2005
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The case that made 18 the age for death penalty.
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Wilkins vs. Missouri, 1989
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Case whether a 16 year old can be put to death, was overturned.
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Rode Vs. Wade, 1973
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Legalized abortion
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Korematsu vs. United States, 1944
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Jap camps in war, civil rights can be taken away in war.
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Brown vs. Board of Education of Topeka, 1954
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Segregation = unconstitutional, seperate can never be equal.
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Regents of the University of California vs. Bakke, 1978
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Quotas = illegal in most cases. Affirmative Action legal case by case.
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South Dakota vs. Dole, 1986
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States believed drinking age should be whatever & feds said they wanted to limit spending.
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Shield Laws
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The right for a report to have confidential sources.
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Content Neutral
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means that the restric-
tions would not be based upon the specific viewpoint contained in the content of the speech, but would be based upon the overall effect of the speech. |
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Right of Association
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The right to get together with whoever you want regardless of beliefs.
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Police Power
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Extended to each state inroder to form their own laws. Setup local enforcement laws &c.
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Baker v. Carr, 1962
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decided that reapportionment issues (attempts to change the way voting districts are delineated) present justiciable questions, thus enabling federal courts to intervene in and to decide reapportionment cases. One man one vote.
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Bob Jones University v. United States, 1983
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Decision by the Courts that said the IRS could, without approval from Congress, revoke tax exempt status of organizations that are contrary to public policy.
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Cruzan v. Missouri, 1990
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Decided that states could keep someone alive and ignore family wishes unless there is a clear evidence from the person that is not able to make said decision.
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Engel v. Vitale, 1962
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it is unconstitutional for state officals to compose an offical school prayer.
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Escobedo v. Illinois, 1964
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it affirmed that people have the right to remain silent & to have an attorney during police questioning.
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Furman v. Georgia, 1972
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ruled that a consistent use of peanlty is a requirement, it made the death penalty illegal until Gregg v. Georgia (1976).
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Gregg v. Georgia, 1976
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Made death penalty legal again, since juries had to decide.
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Hutchinson v. Proxmire, 1979
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concluded that statements & newspaper relases were not protected by the SPeech & Debate Clause because they were nonesestneial to deliberations of the Senate.
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Ingraham v. Wright, 1977
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Ruled that corporal punishment did not violate the 8th amendment's cruel and unsual punishment clause.
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Mapp v. Ohio, 1962
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4th amendment applies to states aswell as federal courts.
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New York Times v. United States, 1971
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Made it possible for the NYT & Washington Post to publish, then classified, documents with the protection of the 1st Amendment.
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Nixon v. Fitzgerald, 1982
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Ruled that the President is immune from prosecution in a civil suit.
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Printz v. Untied States, 1997
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Court concluded that state legislators are not subject to federal direction
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Rostker v. Goldberg, 1981
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Ruled that women don't have to be included in draft.
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Sheppard v. Maxwell, 1966
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Ruled that jurors should be kept from becoming predjuice.
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United States v. Nixon, 1974
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said executive priv was limited.
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Supreme Court Job
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original and appellate jurisdiction, In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. Interpret law & constitutionality.
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Supreme Court Justices
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John Roberts
John Paul Stevens · Antonin Scalia Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito |
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Why was the S.C. made?
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Ensure consistent federal law
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How do you get into S.C.?
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petition for Certiorari
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