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30 Cards in this Set
- Front
- Back
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Name some examples of symbolic speech.
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1) Flag burning
2) Sit-ins 3) Demonstrations 4) Picketing 5) Wearing a black armband to protest war |
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What did Gitlow vs. New York do?
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It est. the practice of selective incorporation of the Bill of Rights.
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Name the four proponents of procedural Due Process
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1) Habeas Corpus
2) Formal Indictment 3) Speedy Trial 4) Right to an attorney NOT a jury with many ethnic groups. Jury is random. |
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What was decided in Barron v. Baltimore (1833)?
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The Bill of Rights only limited the National government.
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What was decided in Engel v. Vitale (1962)?
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Nondenominational prayer in public schools is unconstitutional.
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What was decided in Gideon v. Wainright?
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RIGHT TO COUNSEL; poor defendants in state felony cases get a state-paid attorney.
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What was decided in Roe v. wade?
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A state has an interest in protecting potential life and may prevent some abortions. Trimester system was put in place.
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What was decided in Bowers v. Hardwick (1986)?
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No sodomy; a Georgia act prohibiting private acts of homosexual consensual sodomy was upheld.
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What did Miller v. CA do?
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It set new standards for defining obscenity
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What was the lemon test?
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It tested if a law regarding religion crossed the "separation of church and state" boundary.
" 1. The government's action must have a legitimate secular purpose; 2. The government's action must not have the primary effect of either advancing or inhibiting religion; 3. The government's action must not result in an "excessive government entanglement" with religion. If any of these 3 prongs is violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution." quoted from Wikipedia. |
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What did Schenck v. U.S do?
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It established the clear and present danger test.
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What did the clear and present danger test do?
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It drew the line between protected and unprotected speech.
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What did Mapp v. Ohio do?
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It set precedent involving unreasonable search and seizures. It est. the EXCLUSIONARY RULE, which said that evidence obtained illegally can not be used in court.
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What was cooperative federalism?
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Marble Cake; powers mix between state and national government.
Prevalent from 1937 (FDR) to now. |
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What was Dual Federalism?
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Layer Cake federalism; National and State governments have separate but equal powers. This was prevalent from 1700s to 1937.
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What did Texas v. Johnson deal with?
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Freedom of speech.
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What was decided in New York Times v. Sullivan?
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if libelous statements were made about a public official, the finding of libel would stand as long as it were proven that 1) the offending story was false 2) it defamed a person 3) it was printed with actual malice.
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What did the 9th Amendment say?
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the specific rights provided in the first eight amendments aren't made to be exhaustive.
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what did the 10th Amendment say?
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States have powers not specifically delegated to the Federal government.
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What did the establishment clause do?
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It created a "wall of separation" between church and state. The supreme court interpretations of this barrier have become known as the establishment clause.
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What did Wallace v. Jafree do?
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It overturned a state law setting aside time for voluntary prayer in schools.
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Gov't can regulate freedom of speech's ...
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time, place, manner
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What is Civil Disobedience?
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Going against the law PEACEFULLY(i.e. sit-ins, protests, boycotts)
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What cases are SUSPECT CLASS?
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cases involving people who have historically faced racial discrimination.
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What are suspect class cases subject to?
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Strict Scrutiny
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What does Indictment do?
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It charges a person with a crime and orders them to go to court.
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Who is the plaintiff in a case?
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The person who initiates the case, the complainer.
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What is a prosecutor?
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Same thing as a plaintiff
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Who is the defendant in a case?
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The person who gets sued; does not initiate the case.
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What is prior restraint and is it legal?
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Prior restraint is when government tells media not to publish something (before it gets published). This is NOT legal.
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