Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
47 Cards in this Set
- Front
- Back
|
Marbury v. Madison
|
Precedent used to give supreme court the right to change the constitution.
Judicial Review |
|
|
Brown v. Board of Education of Topeka (1954)
|
Supreme court ruled against school segregation. (Expression)
|
|
|
Schenck v. U.S. (1919)
|
Clear and Present Danger Precedent. Schenck was arrested for mailing out 10K fliers against the draft during WWI. (Expression)
|
|
|
Brandenburg v. Ohio (1969)
|
SC overturned Ohio law that made certain material illegal in public speeches. "Limitless Lawless Action" precedent. (SPEECH)
|
|
|
NY Times Co v. United States (1971)
|
"Prior Restraint" precedent for Fed Govt. Daniel Helsburg blew whistle on Pentagon @ Vietnam. Material must present a clear danger to National Security. (Speech)
|
|
|
Near v. Minnesota (1931)
|
"Prior Restraint" precedent for States. Near's newspaper was shutdown for racial content. (SPEECH)
|
|
|
NY Times Co v. Sullivan (1964)
|
"Proof of Malice" precedent. States that public figures are open to slander and liable but not malice. (SPEECH)
|
|
|
Roth v. U.S. (1957)
|
"Obsenity" precedent. Ruled that material must be judged as a whole and whether it has socially redeemable value. (SPEECH)
|
|
|
Miller v. California (1973)
|
"obsenity" precedent. L.A.P.S. test based on views of a reasonable person. (SPEECH)
|
|
|
Lemon v. Kurtzman (1971)
|
"Excessive Entanglement" precedent. Establishment Clause. Teachers can not be gauged for content, therefore public funds can not pay for their salerieds at religious based schhols. (RELIGION)
|
|
|
Zelman v. Simmons-Harris (2002)
|
Establishment Clause. School vouchers not illegal because of student/parent choice. (RELIGION)
|
|
|
Engal v. Vitale (1962)
|
Establishment Clause. School prayer not legal. (RELIGION)
|
|
|
Abington School District v. Schempp (1963)
|
Establishment Clause. SC struck down Bible readings in public schools. (RELIGION)
|
|
|
Edwards v Aguillard (1987)
|
Free excercise Clause. SC ruled against Louisiana @ Creationism saying it was religious doctrine not Science. (RELIGION)
|
|
|
Griswold v. Connecticut (1965)
|
"Right to privacy" precedent. SC overturned Conn. law that prohibited use of birth control. 4th and 9th amendment. (PRIVACY)
|
|
|
Roe v. Wade (1973)
|
"Abortion" precedent. Gave women right to abortion within first 3 months. (PRIVACY)
|
|
|
Webster v. Reproductive Health Services (1989)
|
"Abortion" precedent. States that govt employees do not have to perform abortions. (PRIVACY)
|
|
|
Planned Parenthood v. Casey (1992)
|
"Undue Burdon" precendent regarding abortion. Restrictions can be placed on abortion if they don't produce an undue burdon. (PRIVACY)
|
|
|
Stenberg v. Carhart (2000)
|
SC overturned Nebraska law that prohibited partial birth abortions.
|
|
|
Bowers v. Hardwick (1986)
|
"Homosexual Rights" precedent. Upheld Sodomy law saying that homosexuals were not covered by constitution. (Privacy)
|
|
|
Lawrence v. Texas (2003)
|
"Homosexual Rights" precedent. SC oveturned sodomy laws and established that homosexuals have the same rights to privacy. (PRIVACY)
|
|
|
Vaco v. Quill (1997)
|
"Assisted Suicide" precedent. SC ruled that doctor assisted suicide is a privledge not a right. (PRIVACY)
|
|
|
Anderson v. Creighton (2000)
|
"Probable Cause" SC overturned lower court ruling against police for search with warrant saying that mistakes happen. (Accused)
|
|
|
Mapp v. Ohio (1961)
|
Unreaonable Search and Seizure. "Exclusionary Rule" precedent. While police were looking for bomb making materials they found pornography and arrested Mapp. (Accused)
|
|
|
Whren v. United States (1996)
|
Search and Seizure. Lowered standards for probable cause. Man was arrested for drugs while pulled over for a traffic stop. (ACCUSED)
|
|
|
Miranda v. Arizona (1966)
|
"Suspect Rights" precedent. Established rights that suspects have to not speak to police. Ernesto Miranda was arrested for rape and forced to confess. (ACCUSED)
|
|
|
Gideon v. Wainwright (1963)
|
"Right to Attorney" precedent. Gideon was indegent and requested lawyer but was denied by judge. (ACCUSED)
|
|
|
Michigan v. Sitz (1990)
|
"Search and Seizure" precedent set on roadblocks. SC ruled as long as they are looking @ behavior. (ACCUSED)
|
|
|
Indianapolis v. Edmond (2001)
|
"Search and Seizure" Roadblocks are illegal if they are looking for an "item." (ACCUSED)
|
|
|
Atkins v. Virginia (2002)
|
Made death penelty illigal for retards. (ACCUSED)
|
|
|
Korematsu v. U.S.
|
Habius Corpus withheld for national security. Japanese WWII concentration camps.
|
|
|
Hamdi v. Rumsfeld (2004)
|
Afghan Combatant, but U.S. not given rights by military. SC ruled that citizenship and constitution trumps everything. (ACCUSED)
|
|
|
Hamden v. Rumsfeld (2006)
|
Use of military courts not acceptable for non-combatants. Special Civilian Court formed. (ACCUSED)
|
|
|
HOBBS
|
FOR GOVT
|
|
|
LOCKE
|
ANTI-GOVT
|
|
|
BELL'S SELF LIMITING GOVT
|
1.CHECKS AND BALANCES
2.SEPERATION OF CHURCH AND STATE 3. JUDICIAL REVIEW 4. 3 LAYERS OF FEDERALISM 5. GRANTS AND CANALS OF GOVT |
|
|
AMENDMENTS
|
REQUIRE 2/3 CONGRESS VOTE AND 3/4 STATE
|
|
|
JUDICIAL REVIEW
|
THE POWER OF COURTS TO DECIDE WHETHER A GOVERNMENT INSTITUTION HAS ACTED WITHIN ITS CONSTITUTIONAL POWERS AND , IF NOT, TO DECLARE ITS ACTIONS NULL AND VOID
|
|
|
1ST AMENDMENT
|
FREEDOM OF SPEECH
FREEDOM OF RELIGION |
|
|
2ND AMENDMENT
|
RIGHT TO BEAR ARMS
|
|
|
4TH AMENDMENT
|
SEARCH AND SEIZURES
|
|
|
5TH AMENDMENT
|
DUE PROCESS
GRAND JURIES SELF INCRIMINATION |
|
|
6TH AMENDMENT
|
SPEEDY TRIAL
|
|
|
8TH AMENDMENT
|
CRUEL AND UNUSUAL PUNISHMENT
|
|
|
9TH AMENDMENT
|
UNDISCLOSED RIGHTS
|
|
|
10TH AMENDMENT
|
STATES RIGHTS
|
|
|
14TH AMENDMENT
|
CONSTITUTION EXTENDED TO STATES AND LOCAL GOVTS
|
