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25 Cards in this Set

  • Front
  • Back

Establishment Clause

This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another.

Lemon Test

1.The government's action must have a secular legislative 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"

Free Exercise Clause

Congress shall make no law ... prohibiting the free exercise {of religion}.

Miller Test

Is it porn?


Does it actually show sex?


Is it otherwise useless?

Clear and Present Danger

appropriate limitations on First Amendment protection of free speech.

Symbolic Speech

Many political activities, including marching, wearing armbands, and displaying or mutilating the U.S. flag, are considered forms of symbolic expression.

Obscenity

Follows the Miller test and checks all points for being "dirty"

Libel

defamation by written or printed words, pictures, or in any form other than by spoken words or gestures.

Fighting Words

are written or spoken words, generally expressed to incite hatred or violence from their target.

Prior Restrain

prohibits government from banning expression of ideas prior to their publication. The rule against prior restraint is based on the principle that Freedom of the Press is essential to a free society

Substantive Due Process

a principle that allows courts to protect certain rights deemed fundamental from government interference under the authority of the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law

Fourteenth Amendment

"all persons born in the United States...excluding Indians not taxed...." were citizens and were to be given "full and equal benefit of all laws."

Exclusionary Rule

evidence illegally seized by law enforcement officers in violation of a suspect's right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.

Right to Counsel

The legal responsibility for the government to provide every defendant in a criminal action with Legal Representation that also must be deemed effective.

Eminent Domain

The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.

Miranda Rights

Miranda rights are utilized by law enforcement to make you aware of your rights as a U.S. citizen.

Rational Basis Test

A judicial standard of review that examines whether a legislature had a reasonable and not an Arbitrary basis for enacting a particular statute.

Strict Scrutiny Test

a form of judicial review that courts use to determine the constitutionality of certain laws.

Heightened (quasi) scrutiny test

The government must show that the challenged classification serves a compelling state interest and that the classification is necessary to serve that interest.

Fundamental rights

rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially in the Bill of Rights), or have been found under Due Process. Laws limiting these rights generally must pass strict scrutiny to be upheld as constitutional.

Commerce Clause

The provision of the U.S. Constitution that gives Congress exclusive power over trade activities among the states and with foreign countries and Indian tribes.

De jure segregation

segregation that is imposed by law

De facto segregation

segregation (especially in schools) that happens in fact although not required by law

Restrictive covenant

A provision in a deed limiting the use of the property and prohibiting certain uses. A clause in contracts of partnership and employment prohibiting a contracting party from engaging in similar employment for a specified period of time within a certain geographical area.

Slander

Verbal lying