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43 Cards in this Set
- Front
- Back
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Judicial Review |
The power of the court to determine the constitutionality of a governmental action |
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A Case involved in judicial review |
Marbury v Madison |
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Supremacy Clause |
Supreme law of the land |
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Case involving the Supremacy Clause |
Mucolloch v Maryland |
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Definition of civil liberties |
Laws established for the good of the community especially with regard of freedom of action and soeech |
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Difference between civil rights and civil liberties |
One protects the people while the other protects their rights |
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Where do civil liberties come from? |
In the first amendment |
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Five rights in the First Amendment |
Freedom of speech freedom of press freedom assembly freedom of petition freedom of religious practice |
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What is incorporation of Rights where did it come from |
Found in the Bill of Rights |
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Precedents |
an earlier event or action that is regarded as an example or guide to be considered in subsequent |
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Establishment clause |
The seperation of church and state. No state can make a established religion in school or with in the state |
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2 cases involved in the establishment clause |
Lemon v Kurtzman, engel v Vitale |
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The lemon test |
1st Amendment Scholar purpose Neutral towards religion No exercise entanglement |
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Free exercise Clause |
Secures the rights of the people |
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Wall of separation |
Seperation of the church and state |
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Definition of symbolic Speech |
Expressing protest through a symbol |
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2 cases involved in symbolic speech |
Johnson v Texas , tinker v Demoines |
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Due Process |
fair treatment through the normal judicial system, especially as a citizen's entitlement. |
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Right to privacy |
The right to privacy refers to the concept that one's personal information is protected from public scrutiny. |
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Roe v Wade |
Roe v. Wade (1973) ruled unconstitutional a state law that banned abortions except to save the life of the mother. The Court ruled that the states were forbidden from outlawing or regulating any aspect of abortion performed during the first trimester of pregnancy, could only enact abortion regulations reasonably related to maternal health in the second and third trimesters, and could enact abortion laws protecting the life of the fetus only in the third trimester. |
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13th Amendment |
Abolish of slavery |
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2nd amendment |
Right to bear arms |
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4th amendment |
Officers can not search homes or seize anyone without a warrant. |
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Probable cause |
Reasonable ground |
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Exclusionary rule |
Excused from conviction by giving evidence to a crime which he or she was involved in 3rd person |
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Mapp v Ohio |
Dirty old woman Suspicious that Dollree Mapp might be hiding a person suspected in a bombing, the police went to her home in Cleveland, Ohio. They knocked on her door and demanded entrance, but Mapp refused to let them in because they did not have a warrant. After observing her house for several hours, the police forced their way into Mapp's house, holding up a piece of paper when Mapp demanded to see their search warrant. As a result of their search, the police found a trunk containing pornographic materials. They arrested Mapp and charged her with violating an Ohio law against the possession of obscene materials. At the trial the police officers did not show Mapp and her attorney the alleged search warrant or explain why they refused to do so. Nevertheless, the court found Mapp guilty and sentenced her to jail. After losing an appeal to the Ohio Supreme Court, Mapp took her case to the U.S. Supreme Court. The Court determined that evidence obtained through a search that violates the Fourth Amendment is inadmissible in state courts. |
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Patriot Act |
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act |
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Habeas Corpus |
a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention. |
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Bills of attainder |
an item of legislation (prohibited by the US Constitution) that inflicts attainder without judicial process. |
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Ex post facto laws |
law that retroactively changes thelegal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. |
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8th amendment |
Excessive bail shall not be required, no excessive fines imposed, nor cruel and unusual punishments inflicted. |
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Capital punishment |
Death penalty |
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Civil rights |
Positive acts of government that seek to make constitutional guarantees a reality for all people |
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Racial discrimination |
refers to the practice of treating individuals differently because of their race or color |
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Gender discrimination |
Treating people differently because of their gender |
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Equal Protection clause |
the equal protection of the laws". |
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Civil rights act of 1964 |
United States that outlawed discrimination based on race, color, religion, sex, or national origin. |
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Civil rights act of 1968 |
defines housing discrimination as the “refusal to sell or rent a dwelling to any person because of his race, color, religion, or national origin”. |
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Title ix |
comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. |
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Affirmative action |
A policy that requires most employers to take positive steps to remedy the effect of past discrimination |
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Quota |
A rule requiring certain numbers of jobs or promotions for members of certain groups |
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Immigration policy |
a state that deals with the transit of persons across its borders into the country, but especially those that intend to work and stay in the country.Immigration policies can range from allowing no migration at all to allowing most types of migration, such as free immigration. |
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Undocumented aliens |
An undocumented or "illegal alien" is an alien who entered the United States illegally without the proper authorization and documents, or is analien who once entered the United States legally and has since violated the terms of the status in which he entered the United States or has overstayed the time limits of his or hers stay |
