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50 Cards in this Set

  • Front
  • Back
Everson v Board of Education (1947)
First use of incorporation for establishment clause; Busing for Catholic schools was upheld, however.
Lemon v Kurtzman (1971)
The state cannot reimburse private schools for religious stuff
Westside School District v Mergens
Bible club could be held at school after school, but the club adviser could not be paid for it.
Reynolds v United States
Religious duty does not take precedence over law; polygamy, thus, is not legal to those practicing religions containing polygamy
Employment Division v. Smith
Unemployment benefits can be denied if someone is fired for use of peyote even if it is for religious purposes.
Schenck v. United States (1919)
Founding of the Clear-and-Present-Danger usage. Leaflets in WWI trashtalking the draft were upheld as illegal.
Tinker v Des Moines (1969)
1st Amendment speech upheld in classrooms
DC v Heller (2008)
Upheld that 2nd Amendment allows use of firearms without a militia for lawful purposes such as self defense.
Mapp v Ohio (1961)
Information found in methods that violate the 4th Amendment cannot be used in a criminal trial
Gideon v Wainwright (1963)
States must provide counsel to those unable to afford a lawyer
Miranda v Arizona (1966)
Things said by someone who has not been directly informed of their rights to have an attorney and to not self-incriminate cannot be used against them.
Plessy v Ferguson (1896)
Ruling that segregation was okay, under the term "separate but equal"
Korematsu v US (1944)
Disallowing Japanese from living in certain areas was constitutional because it protected against espionage.
Brown v Board (1954)
Segregation for schoolchildren was unequal
Regents of the University of California v. Bakke (1978)
Barred quota systems in schools but allows affirmative action programs to give equal access to minorities
Incorporation Doctrine
Using the 14th Amendment to extend restrictions onto states for rights.
Equal Protection Clause
14th: "No state shall deny equal protection of the law"
Due Process Clause
Fifth/Fourteenth: "Nobody shall be deprived of L, L, P without due process of law."
Selective Incorporation
Only using incorporation on certain freedoms.
Preferred Freedoms
Some freedoms take precedence over others.
Establishment Clause
No officially established religion, no endorsement of religion.
Free Exercise Clause
As long as practices remain legal, any religion should be accepted.
Lemon Test
Secular purpose?
Effect of advancing or inhibiting religion?
eXcessive government entanglement?
Freedom of Expression
Press and speech are not limited, within some basic limits.
Time, place, and manner restrictions
There's a time and a place for everything; things should not be said in inappropriate places if they are going to cause unnecessary harm.
Symbolic Speech
Illegal activities that are meant to be symbolic are still illegal- free speech does not protect them.
Prior Restraint
Telling a newspaper ahead of time what it can and cannot publish.
Libel
Malicious, knowingly false information that is published that significantly damages the subject of the information.
Imminent danger
Speech may only be stopped if there is danger that is close to happening.
Right to associate
People can hang or belong to whoever they want without persecution
Indictment
Formal accusation of criminality.
Grand Jury
Decide if there's enough evidence for a trial.
Probable cause
Police can arrest or search if it is reasonable that there might be merit.
Exclusionary rule
Evidence found illegally don't count.
Good faith exception
If the police felt they were being legal, it is ok.
Self-incrimination
Being forced to testify against yourself
Strict Scrutiny
Semi-Strict
Reasonable/rational
Probably won't pass
May or may not pass
Will probably pass
Jim Crow
Separate but equal
Civil Rights Act 1964
Voting Rights Act 1965
Higher Education Act 1972 (Title IX)
No racial segregation
No discriminatory voting practices
Sex cannot be a decider in things relating to higher education
Americans with Disabilities Act of 1990
Granted greater rights to the disabled; required greater accommodation
Equal Rights Amendment
Proposed amendment that disallows discrimination based on sex.
Right to Privacy
People are granted the ability to have privacy; was used for abortion.
Affirmative Action
Giving benefits to minorities, women to level the playing field
Reverse discrimination
Being favorable to minority at the expense of the majority is just as bad.
Compelling government interest
Necessary or crucial gov't interest
Narrowly tailored
--
Concurring opinion
I agree but for a different reason
Dissenting
I disagree
Griswold v Connecticut 1965
Right to privacy (contraceptives are A-Ok!)
Roe v Wade 1973
Most state abortion laws were thrown out.