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64 Cards in this Set

  • Front
  • Back
Relativity of Individual Rights
a rule, as soon as it affects someone else
When Rights Conflict – Which right takes priority
supreme court's decision
Important of the 14th amendment
fed protection to states (selective incorp)
Due Process Clause
-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.
Clear and Present Danger
if your speech will create a clear and present danger for people around you & the nation, then it can be limited (free speech)
Establishment Clause
not allowed to prevent or force exercise thereof a religion
Lemon test
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
Free Exercise Clause
religion & satanic cults no gov. intereference except when it interefers with individual rights
Libel
false/malicious intent to harm & must be written
Slander
false/malicious intent to harm& must be spoken
Prior Restraint
Punished for something you are going to do
Symbolic Speech
flag burning - picketing , except when its a disruption
Exclusionary Rule
when evidence is illegally obtained it may not be used as evidence in any court no matter how incriminating.
Probable Cause
Resonable personal standard
Miranda Rule
Right to remain silent, informed of crime.
Prior Review
someone going in and determing whether or not it is legal
Bail + Death Penalty
no excessive bail, fit crime, and can be denied. Put to death @ 18
Importantce of the 9th Amendment
potential to have that right
Affirmative Action Case by Case
a government sponsored method of desegregation
Marbury vs. Madison, 1803
gave supreme court judicial review
McCulloch vs. Maryland, 1819
Implied powers (National Bank)
Bethel School District #403 vs. Fraser, 1986
Stuvent gives political speech with sexual refrence, not acceptable (disruption of educational process).
Schenck v. United States, 1919
Giving out pamplets to avoid draft during Vietnam. He was jailed and it was ruled constitutional since he was a threat to his country.
Hazelwood School District vs. Kuhlmeier, 1988
school paper is censored; if a school can present a reasonable educational justification for its censorship, that censorship will be allowed.
Edwards vs. South Carolina, 1963
People are against racism, crowd becomes violent, peaceful speaker was arrested. Has to be connection between what is said & violent results.
Texas vs. Johnson, 1989
Symbolic speech, burned an american flag @ the texas capitol.
Tinker vs. Des Moines Public Schools, 1969
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.
West Virginia Board of Education vs. Barnette, 1943
Can you be forced to recgonize a symbol? (American flag) Ruling: you cannot be forced.
Lemon vs. Kurzman, 1971
Lemon Laws
New Jersey vs. T.L.O., 1985
Exclusionary rule doesn't apply to state officals. Resonable suspcision is all that is required.
Nix vs. William, 1984
If evidence is about to be found legally anyway then it can included
Miranda vs. Arizona, 1966
accused of kidnapping & c. Establishment of Miranda Rights.
Gideon vs. Wainwright, 1963
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.
Roger vs. Simmons, 2005
The case that made 18 the age for death penalty.
Wilkins vs. Missouri, 1989
Case whether a 16 year old can be put to death, was overturned.
Rode Vs. Wade, 1973
Legalized abortion
Korematsu vs. United States, 1944
Jap camps in war, civil rights can be taken away in war.
Brown vs. Board of Education of Topeka, 1954
Segregation = unconstitutional, seperate can never be equal.
Regents of the University of California vs. Bakke, 1978
Quotas = illegal in most cases. Affirmative Action legal case by case.
South Dakota vs. Dole, 1986
States believed drinking age should be whatever & feds said they wanted to limit spending.
Shield Laws
The right for a report to have confidential sources.
Content Neutral
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.
Right of Association
The right to get together with whoever you want regardless of beliefs.
Police Power
Extended to each state inroder to form their own laws. Setup local enforcement laws &c.
Baker v. Carr, 1962
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.
Bob Jones University v. United States, 1983
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.
Cruzan v. Missouri, 1990
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.
Engel v. Vitale, 1962
it is unconstitutional for state officals to compose an offical school prayer.
Escobedo v. Illinois, 1964
it affirmed that people have the right to remain silent & to have an attorney during police questioning.
Furman v. Georgia, 1972
ruled that a consistent use of peanlty is a requirement, it made the death penalty illegal until Gregg v. Georgia (1976).
Gregg v. Georgia, 1976
Made death penalty legal again, since juries had to decide.
Hutchinson v. Proxmire, 1979
concluded that statements & newspaper relases were not protected by the SPeech & Debate Clause because they were nonesestneial to deliberations of the Senate.
Ingraham v. Wright, 1977
Ruled that corporal punishment did not violate the 8th amendment's cruel and unsual punishment clause.
Mapp v. Ohio, 1962
4th amendment applies to states aswell as federal courts.
New York Times v. United States, 1971
Made it possible for the NYT & Washington Post to publish, then classified, documents with the protection of the 1st Amendment.
Nixon v. Fitzgerald, 1982
Ruled that the President is immune from prosecution in a civil suit.
Printz v. Untied States, 1997
Court concluded that state legislators are not subject to federal direction
Rostker v. Goldberg, 1981
Ruled that women don't have to be included in draft.
Sheppard v. Maxwell, 1966
Ruled that jurors should be kept from becoming predjuice.
United States v. Nixon, 1974
said executive priv was limited.
Supreme Court Job
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.
Supreme Court Justices
John Roberts
John Paul Stevens · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Why was the S.C. made?
Ensure consistent federal law
How do you get into S.C.?
petition for Certiorari