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51 Cards in this Set
- Front
- Back
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Individual freedoms from government interferance within limits. |
Civil Liberties |
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Government action utilized to guarantee rights of citizenship. |
Civil Rights |
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Habeas Corpus |
cannot be arrested and put in jail without a trial and due process. |
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Bills of Attainer |
Cant pass laws against or target a specific group |
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Ex Post Facto |
Cannot be arrested for something that became law after it happened |
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Establishment Clause |
No laws can be passed against a specific establishment or religion. |
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Strict Separationist View |
Always a NO perpective |
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Accomodationist View |
Exception made based on a solid reason. |
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Neutralist Perspective |
Law applies neutrally to everyone no exceptions |
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Everson VS. Board of Education |
Accomodationist 1st Ammendment (RELIGION) Subsidized bus fair for students to get to a catholic school was ok because it was in the best nature of public safety. |
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Engel VS. Vitele |
Seperationist View 1st Ammendment (RELIGION) Teacher lead prayer in school banned |
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Abington School District VS. Schempp |
Seperationist View1st Ammendment (RELIGION) Bible Reading in school banned |
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Lemon VS. Kurtzman |
Seperationist View1st Ammendment (RELIGION) Subsidized salaries for teachers not permitted. * Resulted in 3 Tests |
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Wallace VS. Saffree |
Seperationist View1st Ammendment (RELIGION) Moment of silence not allowed in school as its true motive was prayer in school. |
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Goldman VS. Weimberger |
Neutralist View1st Ammendment (RELIGION) Cannot wear anything under helment |
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Edwards VS. Aguilard |
Seperatist View1st Ammendment (RELIGION) Evolution, creationism not taught equally anymore |
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Employment Division VS. Smith |
Neutralist View1st Ammendment (RELIGION) Being fired was upheld cause drugs are bad and banned for everyone no matter the reason. - RFRA |
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Church of B.A.V. VS. City of Hialeah |
Accomodationist View1st Ammendment (RELIGION) Church could continue sacrificing chickens cause they were targeted. |
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Corp of Presiding Bishop VS. Amos |
1st Ammendment (RELIGION) Could be fired from job for not getting certified with the church. - Exemption from C.R.A. |
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Agostini VS. Felton |
1st Ammendment (RELIGION) Can subsidize teacher salaries if they are teaching secular subjects |
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City of Boerne VS. Arch Bishop S.A. |
1st Ammendment (RELIGION) City can prevent restoration effort - RFRA |
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Santa Fe VS. Doe |
1st Ammendment (RELIGION) Student lead prayer was not permitted. |
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Zelman VS. Harris |
1st Ammendment (RELIGION) School vounchers allowed at catholic schools |
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Kitzmiller Etal VS. Dover School District |
1st Ammendment (RELIGION) Biology classes don't have to tell of creationist alternative and offer bible to students. |
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McCreary Co VS. ACLU |
1st Ammendment (RELIGION) 10 commandments cannot be posted at courthouse due to religious intent being a motivation. |
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Van Order VS. Perry |
1st Ammendment (RELIGION) 10 commandment statue allowed due to historic intent. |
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Intermountain Fair Housing Council VS. Boise Rescue Mission |
1st Ammendment (RELIGION) Restricting help to same faith members is allowed. |
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Burnwell VS. Hobby Lobby |
1st Ammendment (RELIGION) Company allowed to refuse covering contraceptive of employees. - Closely held private businesses exempt |
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Town of Greece VS. Galloway |
1st Ammendment (RELIGION) Opening sessions with prayer allowed |
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Benefits of Freedom of Speech (4) |
- Informed citizens - Watchdog of government - Voice for minorities - Preservation of the truth |
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Alien and Sedition Acts |
Power to deport immigrants and gave immigrants less power to vote. |
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Espionage Act |
Was a crime to interfere with war effort |
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Sedition Act |
Crime to vocally oppose the government or advocate draft dodging. |
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McCarran Act |
Required communists to register |
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Smith Act |
Cannot advicate overthrow of the government - Dennis: arrest upheld for it |
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Communist Control Act |
Communist Party outlawed |
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Yates Decision |
Required "Imminent Threat" to convict |
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Nazi Right to march upheld because it was interpreted as "_____" |
symbolic speech |
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Sullivan Test (3) |
1. Prove it false 2. Prove they knew it was false 3. Prove malicious intent |
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4th Ammendment |
Unreasonable search and seizure |
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5th Ammendment |
Protection against self incrimination Due Process |
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14th Ammendment |
Equal Protection/Treatment of the Law |
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Matt VS. Ohio |
Rights of the Acused (4th,5th,14th) Cannot use evidence for a crime not on the warrant Exclusionary Rule |
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Gideon VS. Wayneright |
Rights of the Acused (4th, 5th,14th) Argued he didnt get due process after being convicted of burglary. Right to an Attorney |
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Maranda VS. Arizona |
Rights of the Acused (4th,5th,14th) Right to Remain Silent |
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U.S. VS. Leon |
Rights of the Acused (4th,5th,14th) Good faith exception to exclusionary rule |
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8th Ammendment |
Cruel and Unusual Punishment |
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Suspect Classifications |
Not Allowed Eg. Race |
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Quasi-Suspect Classifications |
Intermediate Review Eg. Sex, Gender |
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Non-suspect Classifications |
Minimum Rationality Test Eg. Age, Height |
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Two Types of Equality |
Procedural Equality (right to vote) Subsitive Equality (outcomes equal?) |
