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77 Cards in this Set
- Front
- Back
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First ten amendments to the Constitution
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Bill of Rights
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Right to hold peaceful meetings
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Freedom of assembly
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guarantees freedom of speech, press, and religion
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First Amendment
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forbids the government from creating, supporting, or giving preference to a religion
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Establishment clause
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government cannot interfere with the expression of religious beliefs
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Free Exercise clause
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the right of the people to keep and bear arms
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Second amendment
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no soldier shall,in time of peace be quartered in any house without the consent of the owner
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Third amendment
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protects against unreasonable search and seizures
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Fourth amendment
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warrants must be based on____.
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probable cause
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provides the right for a grand jury in serious crimes
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Fifth amendment
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protects against double jeopardy
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Fifth amendment
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protects against self-incrimination
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Fifth amendment
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government officials must be fair in their actions in carrying out the laws
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Procedural due process
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the writing of the law must be fair
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substantive due process
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the governments power to take private property for public use
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eminent domain
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ensures a speedy and public trial by an impartial jury
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Sixth amendment
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provides that the accused be informed of the charges in enough detail to prepare a proper defense
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Sixth amendment
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provides that the accused be able to confront witnesses and obtain witnesses in their favor
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Sixth amendment
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protects the right to be represented by a lawyer
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Sixth amendment
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protects the right to a jury trial in a civil court (lawsuits)
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Seventh amendment
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amount of bail and fines must fit the situation
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Eighth amendment
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forbids punishments that are cruel and unusual
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Eighth amendment
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established that the listed rights in the Constitution are not the only rights people have
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Ninth amendment
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establishes the reserved powers to the states
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Tenth amendment
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evidence obtained illegally can not be used in court cases
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exclusionary rule
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a court ordered document giving permission for a search
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warrant
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federal government must provide this if it seizes private property
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just compensation
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a person is prosecuted, found innocent and then retried after new evidence is found
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double jeopardy
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Supreme Court case that established the state must appoint a lawyer for those who cannot afford one in all felony cases
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Gideon v. Wainwright
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Supreme Court case that established the rights of the accused must be given at the time of arrest
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Miranda v. Arizona
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the criminal sentence of death
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capital punishment
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money paid to guarantee the accused person will appear for trial
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bail
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rights of the U.S. government specifically listed in the Constitution
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enumerated rights
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separation of authority between federal and state government
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federalism
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Supreme Court case that made capital punishment unconstitutional as it was being carried out
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Furmann v. Georgia
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used the Ninth amendment to refer to rights of privacy
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Griswold v. Connecticut
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when government can limit the freedom of assembly
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time, place and manner
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established that symbolic speech must be disruptive to be restricted in schools
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Tinker v. Des Moines
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set the criteria for obscenity
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Miller v. California
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a defamatory remark in spoken form
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Slander
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a defamatory remark in written form
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libel
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established that valid public criticism of public officals is a legitimate use of free speech
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New York Times v. Sullivan
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a speaker that talks about rioting is constitutionally protected until danger is _____.
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imminent
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established a "wall of separation" between government and religion and the "child benefit theory"
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Everson v. Board of Education
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freedoms established in the Bill of Rights are not ______.
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absolute
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Supreme Court case ruling that the Fourth Amendment applies to wherever a person has "a reasonable expectation of privacy"
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Katz v. United States
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Expanded the Fourth Amendment protection against illegal searches to cover electronic surveillance
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Katz v. United States
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Established the power of the Supreme Court to declare an act of Congress or of the executive branch unconstitutional(Judicial Review)
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Marbury v. Madison
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Expanded Congress's ability to use its implied powers
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McCulloch v. Maryland
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"The power to tax is the power to destroy"
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McCulloch v. Maryland
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Held that the clear-and-present danger principle should be used as the test of whether a government may limit free speech
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Schenck v. United States
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Held that a shcool's required flag salute violated the First Amendment's guarantees of freedom of religion
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West Va. State Bd. of Ed. v. Barnette
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Held that public shcools cannot require students to say prayers
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Engle v. Vitale
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Established a three-part test to determine whether state aid to parochial schools was constitutional
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Lemon v. Kurtzman
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Overturned a murder conviction based on unfair pretrial publicity and ordered a new trial
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Sheppard v. Maxwell
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Upheld the police practice of "stop and frisk" when an officer suspects a crime is about to be committed
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Terry v. Ohio
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Established a "reasonable suspicion" rule for school searches
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New Jersey v. T.L.O.
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Limited the scope of a President's use of executive privilege
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U.S. v. Nixon
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Established that the death penalty does not necessarily violate the Constitution
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Gregg v. Georgia
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Ruled that a state law against flag burning was an unconstitutional limit on freedom of expression
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Texas v. Johnson
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the right to exclude a juror for no reason
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peremptory challenge
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established that draft cards were necessary to a legitimate government service
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U.S. v. O'Brien
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established that speech cannot be limited even when it advocates illegal action unless the action is "imminent"
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Brandenburg v. Ohio
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decides whether enough evidence has been presented to justify a trial
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Grand Jury
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defined citizenship, granting it to black Americans
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Fourteenth Amendment
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separate but equal
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Plessy v. Ferguson
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overturned separate but equal doctirne
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Brown v. Topeka Board of Education
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requires employers to recruit women and minorities in order to achieve racial and sexual balance
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affirmative action
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demographic group never excluded from voting
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white, landowning males
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organization founded in 1909 to advance civil rights through the legal system
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NAACP
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refers to treating all citizens equally under the law and having equality of opportunity
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civil rights
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established that blacks were not citizens
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Dred Scott v. Sanford
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composed of dissimilar parts
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heterogeneous
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A state must be able to show that some "compelling governmental interest" justifies the distinctions it has draw between classes of people
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Strict Scrutiny Test
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segregation that exists in fact, even if no law requires it
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de facto
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forbids discrimination on the basis of gender in any education program or activity receiving Federal financial assistance
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Title IX of the Education Amendments of 1972
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a legal process by which aliens are legally required to leave the country
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deportation
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