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52 Cards in this Set
- Front
- Back
The Tenth Amendment
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Powers and rights reserved to the states.
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What cases dealt with Capital Punishment?
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Greg v. Georgia - ruled death penalty constitutional
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The Ninth Amendment
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Powers and rights reserved to the people.
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New York Times v. U.S.
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Pentagon papers printing about Vietnam from ex-CIA.
Constitutional. |
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Near v. Minnesota
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Newspaper wanted to print about corrupt gov't officials- freedom of press
Constitutional |
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Cohen v. California
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Protesting war with jacket
"keeping the peace"? Constitutional. |
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Chalinsky v. New Hampshire
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Cussed out an official
Freedom of speech? Unconstitutional |
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Gitlow v. New York
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Socialist passed out leaflets to change gov't with assembly
Constitutional. |
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Schenck v. U.S.
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Schenck didn't think U.S. should be in World War - passed out pamphlets
Unconstitutional. |
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Texas v. Johnson
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Man burned flag exercising freedom of speech in protest
Unconstitutional. |
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Tinker v. Desmoines
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Students were wearing black bands to protest war.
Freedom of speech Unconstitutional. |
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West Virginia Bd. of Ed. V. Barnette
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Reversed Minersville v. Globitis
Compulsoty flag-salute.Unconstitutional |
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Globitis v. Minersville school district
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Upheld school board regulation that required students to salute the flag
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Oregon v. Smith
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A state may deny unemployment benefits to an employee who is fired because he used peyote in violation of the company's drug policy.
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Goldman v. Weinberger
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U.S. Air Force can forbid Orthodox Jew from wearing his yarmulke if it interferes with his duties.
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Reynolds v. U.S.
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Polygomy
Unconstitutional if it interferes social duties |
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Wallace v. Jaffee
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Law provided AL for 1 minute of silence
Violate Establishment Clause? Unconstitutional |
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Lee v. Weisman
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Prayer at beginning of H.S. graduation
Violate Establishment Clause? Unconstitutional . |
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Lemon v. Kurtzman
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Reimbursements to cover costs for salaries, textbooks
B/c to private- violate Est. Clause? Unconstitutional |
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Everson v. Board of Ed.
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Busing provided for all children
Violate Establishment Clause Constitutional- benefit kids |
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Santa Fe School District v. Dol
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Student led prayer at beginning of football games.
Violate Establishment Clause Unconstitutional |
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Engel v. Vitale
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NY State Board of Regents wrote a prayer to use
Unconstitutional |
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Epperson v. Arkansas
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Law forbid teaching of scientific theory of evolution.
Unconstitutional |
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Lynch v. Donnelly
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Nativity scene in seasonal display
Constitutional |
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County of Allegheny v. ACLU
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Seasonal display endorsing Christian doctorine
Unconstitutional |
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14th Amendment Civil Rights Cases
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Plessy v. Fergusen- "separate but equal"
Brown v. Board of Ed of Topeka- overrulled plessy UNconstitutional |
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The 14th Amendment
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Forbids states to deny any person equal protection of the law
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Affirmative action
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government programs and policy that try to rectify discrimination
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14th amendment affirmative actions cases
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Reg. of U.C. v. Bakke-upheld affirmative action Quota system:unconstitutional
Gratz v. Bollinger/Grutter v. Bollinger |
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14th amendment woman cases
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Reed v. Reed Unconstitutional
U.S. v. Virginia Unconstitutional |
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Bill of Rights
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1st ten amendments
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What does the First amendment guarantee?
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Freedom of petition, assembly, press religion, speech
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What does the second amendment guarantee?
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The right to bear arms
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What are the stipluations to the second Amendment?
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Each state can limit the law
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Third Amendment
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Forbids the quartering of soldiers in private homes in times of peace or in times of war except in a manner to be prescribed by law.
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The Fourth Amendment
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protects against unreasonable searches and seizures
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Probable Cause
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reasonable grounds
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Fourth amendment Stipulations/Case
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Police need a search warrant BUT not when evidence is in plain view
Minnesota v. Carr |
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Minessota v. Carr
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Police spotted men bagging cocaine in friends appt.-arrested
Constitutional |
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Seizure
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arrest of a person
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Are policemen allowed to search your car without a warrant if they believe there is evidence of a crime?
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Yes
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What stipulations are there to the Exlclusionary Act?
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Inevitable discovery- use would have been helpful
Good Faith |
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Can a police officer arrest a person in a public place?
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Yes with a warrant, provided they have probable cause.
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What two cases established the exclusionary rule?
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Weeks v. U.S. and Mapps v. OH
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Exclusionary Rule
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Any illegally obtained evidence found by police cannot be used in court.
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The 5th amendment
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Protects against..
1. double jeopardy 2. self-incrimination Miranda v. Arizona |
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Miranda v. Arizona
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A retarded man convicted of rape and kidnapping confessed before police read tights
Unconstitutional |
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Miranda Rule
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Before police may question, those people must be read their rights
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The sixth Amendment
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guarantees the right to...
a speedy and public trial a trial by jury an adequate defense |
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What 2 cases were invovled in the 6th amendment?
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Gideon v. Wainright and Escobedo v. Illinois
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The 7th Amendment
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Guarantees right to a criminal trial in cases of money exceedning the amt of 20 dollars.
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The Eigtht Amendment
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protects agains excessive bail and cruel and unusual punishment
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