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107 Cards in this Set

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Writ of Habeas Corpus
"Produce the Body"
Order requiring an explanation to judge why prisoner is being held in custody.
Writ of Habeas Corpus
"Produce the Body"
Written statement to for federal judges to see if state is in violation
Ex Post Facto Law
Law that works to the disadvantage of an individual; Forbidden in the Constitution
Bill of Attainder
Legislative act pronouncing a person guilty of a crime without trial
Due Process Clause
Law protecting important liberties from limits requiring citizens be deprived of rights/property through valid and fair procedures
Gitlow v. New York
Assumes freedom of speech and press are among personal rights and liberties protected in the 14th amendment.
Gitlow v. New York
Constitution protects freedom of speech by state/local government
Establishment Clause
"1st Amendment Freedoms"
Clause in 1st Amendment forbidding Congress from establishing a state religion. Prevents belief in any one religion and is paired with a clause prohibiting limits of free expression of religion
Establishment Clause
"1st Amendment Freedoms"
Separates government from religion
Emerson v. Board of Education
Felt Establishment Clause created a "wall of separation" between states and church.
Lemon v. Kurtzman
"The Lemon Test"
1. Secular legislative purpose
2. Neither advance or inhibit religion
3. Avoid excessive govnt and religion entanglement
Lemon v. Kurtzman
"The Lemon Test"
Not always used b/c Justices divided over how much separation b/w govnt and religion is required by the First Amendment
Endorsement Test
(Sandra Day O'Connor)
Believes Establishment Clause forbids govnt practices that an observer would view as endorsing religion even though no coercion
Endorsement Test
(Sandra Day O'Connor)
Example displays Nativity Scene for Christmas on City Hall Steps
Non-Preferentialist Test
(Rehnquist, Scalia, Thomas)
Const. prohibits favortism to any religion but does not prohibit govnt to aid all religions
Strict Separation
(Souter, Stevens, Beyer, Ginsburg)
Indirect aid for religion "scholarships" crosses the line of separation b/w govnt and religion.
Elk Grove v. Newton
Avoided ruling Pledge out of school by denying atheist Newton to sue on behalf of his daughter b/c he was not her legal guardian.
Voucher
Money provided by govnt to pay tuition for education either public/private
Free Exercise Clause
Clause guarantees against governmental compulsion in religious matters
Bad Tendency Test
Forbids speech that causes people to engage in illegal acts
Bad Tendency Test
Test abandoned b/c it underlaid the First Amendment
Clear/Present Danger Test
Alternative Test for the Bad Tendency Test
Schenck v. United States
Clear/Present Danger Test:
Govnt can't interfer with speech unless it presents clear danger leading to evil/illegal acts.
Clear/Present Danger Test
Example: Shouting "Fire!" in a large public area such as the movies. (Justice Holmes)
Preferred Position Doctrine
1st Amendment so essential that govnt shouldn't punish people for what they say but for what they do.
Non-Protected Speech
"4"
Libel
Obscenity
Fighting Words
Commercial Speech
Libel
Published defamation or false statements
Seditious Libel
Attempts to overthrow the govnt
Actual Malice
False statements made knowing the truth
Obscenity
State of work that appears to have intrest in sex by depicting sexual conduct in an offensive way or lacks serious value
Fighting Words
Unconstitutional b/c their nature inflict injury on those who are addresses to as acts of violence.
Commercial Speech
Unprotected b/c has less value than political speech.
Commercial Speech
Forbids and punish only false and misleading advertising or ads of anything illegal.
Protected Speech
"4"
Prior Restraints
Void for Vagueness
Least Dramatic Means
Freedom of Press
Prior Restraints
censorship before publication; Govnt prohibit of speech before publication
Void for Vagueness
Laws so vague that persons of common intelligence must guess at its meaning and decide its application
Least Dramatic Means
Content/viewpoint is neutral
Freedom of Press
No right to withhold information such as subpoenas and govnt bodies
Freedom of Press
Press has right to know in the court room by open hearings and open trials
Citizenship Rights
All people born in the US are citizens of this country regardless of parents citizenship.
Naturalization
giving aliens the rights and privileges of a native or citizen
Dual Citizenship
Citizen in more than one nation/country
Right of Expatriation
The right to renounce your citizenship
Slaughterhouse Cases
-1873-
Distinguishes privileges of state and federal citizenship and therefore rights
Rights of American Citizens
Right to live & travel in the US
Right to travel aboard
Terry V. Ohio
-1968-
Authorizes police patdowns for weapons
Roe v. Wade
-1973-
A womans right to privacy to decide to have an abortion or not
1976
Capital Punishment back after 10 years
Planned Parenthood v. Casey
-1992-
Casey reaffirms Roe v. Wade and a womans right to choose
Mapp v. Ohio
-1961-
Applies 4th Amend exclusion rule to the states
Griswold v. Connecticut
-1965-
Proclaims constitutional right to privacy
Miranda v. Arizona
-1966-
Police must inform defendants of their rights
USA Patriot Act
-2001-
Enacted in response to Sept. 11 terrorist attacks
Lawrence v. Texas
-2003-
Strikes down law making homo sodomy (unnatural intercourse) a crime
Rasul v. Bush
-2004-
Enemy engaging in combat are entitled to a review of charges by tribunal
Property Rights
Rights of individual to own, use, rent, buy, or sell property
Contract Clause
(Art 1; Sec. 10)
Prohibits states from interfering with contracts
Police Powers
Powers of the state to protect the public health of residence in by delegated powers
Eminent Domain
Power of govnt to take private property for public use, but owner must by fairly compensated.
Regulatory Taking
Person must loose title and control over property by eminent domain
Due Process Clause
Establish rules and regulations that restrains people in govnt who have power
Procedural Due Process
Says how power is exercised
Procedural Due Process
limits the exercise power by state/federal govnts, by requiring they follow certain procedures in criminal/civil matters
Substantive Due Process
Says what government can do
Substantive Due Process
Req govnt to act reasonable and substance of laws themselves
Privacy Rights
Griswold v. Connecticut
1. Free from govnt surveillance/intrusion
2. No private affairs made public by govnt
3. Free in thought/belief from govnt regulations
Abortion Rights
Roe v. Wade
gg
Abortion Rights
3mths-woman decides; govnt can't interfere with decision
6mths-state says how, where, and when abortions are performed
9mths-state can prohibit abortions
Bowes v. Hardwick
-1996-
excluded gays from Boy Scouts. Refused protection to private relations b/w homosexuals
Romer v. Evans
-2003-
Struck down Colorado law prohibiting state/local govnts from protecting gays from discrimination
Because of the strong emotions on both sdes of privacy issue..
Privacy is one of the developing edges of constitutional law
Search Warrant
Doc. issued by magistrate giving permission to search a place or person specifying the place and objects to be seized
General Search Warrant
authorizing police to search person or place w/o limits is unconstitutional
Police can make warrantless searches in public if..
searches in public if officers have probable cause
Plain View Exception
no warrant required if cause is in plain view
Exigent Circumstance (Unusual)
no warrant required. Officer can enter burning building to save a life
Auto Exception
probable cause if auto is going to be used for crime
Foreign Agents
Warrantless wiretaps of foreign country
Steps to Get a Warrant
-3-
Get warrant for item
Get judge signature
Must have probable cause
Illegal seized evidence...
is not emissible in TRIAL court
Warrant lawful?
(comps)
Need Computer? Can only search place where computers may be
Exclusionary Rule
-Mapp v. Ohio-
Evidence unconstitutional or illegal obtained is excluded from criminal trial
Remain Silent
-5th Amendmt-
People do not have to testify against themselves
Immunity
Exempt from prosecution in return for testimony in case
Grand Jury
Private, 12-23 people
Decides if there is enough evidence to go to trial
Hears state side of story
Petit/Trial Jury
Public, 6-12 people
Decides guilt or innocence in a civil/criminal case
Indictment
(true bill)
Statement from grand jury charging someone w/ offense

States dont indict, feds do.
Plea Bargain
Admit to guilt in order to get charges dropped or reduced
Double Jeopardy
A person cannot be charged for the same crime twice in same case
Affirmative Action
remedial action designed to overcome effects of past discrimination against women and minorities
Natural Rights
rights of all people to dignity and worth
Regulation
govnt alter the free op of the market to achieve social goals as protecting workers and the environment
F.C.C. -1934-
Federal
Communications
Commission
licenses civilian radio and televison communication
F.T.C. -1914-
Federal
Trade
Commission
Gives antitrust laws comcerning ads/labels to protect people from unfair business practices
F.D.A. -1931-
Food
&
Drug
Administration
Purity, Safety, and labeling for manufacturing; Regulates certain food and drugs
Monopoly
domination of an industry by a single company
Antitrust Legislation
Prevents monopoly from dominating an industry and trade
Trust
Monopoly that controls goods and services, often in combos that reduce competition
Fair Housing & Amendments
"Restrctive Covenants"
Prohibits selling property or deed to a particular race or religion
First Amendment
Freedom of speehc, freedom, religion, press, assembly, and association
Second Amendment
Right to keep and bare arms
Third Amendment
No soilder shall be quarted w/o consent of owner; Protection from quartering troops
Fourth Amendment
Protects against unreasonable searches and seizures; Right to secure people, homes, paper, ect
Fifth Amendment
No person shall be held to answer for any crime unless indicted by a Grand Jury, except in govnt cases. (military)
Sixth Amendment
The accused shall enjoy the right to a speedy/public trial, by jury of the State where crime was committed
Seventh Amendment
In suits where value exceeds twenty dollars, the right of trial by jury shall be preserved
Nineth Amendment
[Escape Hatch]
Certain rights, shall not be construed to deny or disparage others retained by the people.