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69 Cards in this Set
- Front
- Back
created Judicial Review
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Marbury v. Madison
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established that Congress had implied powers
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McCulloch v. Maryland
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established clear and present danger test
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Schenck v. U.S.
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School officials can search students on the basis of reasonable suspicion
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New Jersey v. T.L.O
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Did Gibbons v. Ogden increase or decrease the power of Congress
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Increased the power of Congress
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students have rights inside schools
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Tinker v. Des Moiens
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Defined obscenity
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Miller v. California
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Allowed for states to have racial segregation
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Plessy v. Ferguson
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burning the flag is protected symbolic speech
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Texas v. Johnson
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states can outlaw sodomy- there is no right to privacy between same sex couples
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Bowers v. Hardwick
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There is prior restraint in times of national security (but not in this specific case)
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New York Times v. U.S.
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declared that black people were property
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Dred Scott v. Sanford
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overturned Plessy v. Ferguson
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Brown v. Board of Education
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criminal suspects must be informed of their rights prior to police questioning if they are suspects
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Miranda v. Arizona
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the state must provide suspects with counsel if they can not afford one
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Gideon v. Wainwright
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death penalty is "cruel and unusual" punishment if "capriciously applied"
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Furman v. Georgia
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abortions are allowed until fetus is "viable"- woman's right to privacy
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Roe v. Wade
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same sex couples have the same right to privacy as heterosexual couples
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Lawrence v. Texas
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created a "penumbra" of privacy from 1,3,4,5,9 amendments
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Griswold v. Connecticut
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created a "good faith exception" to the exclusionary rule
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U.S. v. Leon
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Created the exclusionary rule
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Mapp v. Ohio
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Incorporated the 1st amendment to the states
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Gitlow v. New York
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Created a test to determine if a state can give aid to parochial schools
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Lemon v. Kurtzman
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states can place limits on abortions as long as they do not create an "undue burden" on the mother
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Planned Parenthood v. Casey
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outlawed death penalty for mentally retarded
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Panetti v. Quarterman
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Equal Protections test used when they are NOT a protected class of people
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rational basis test
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Equal protections test used in gender, illegitimate children cases
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Heightened scrutiny
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Equal Protections test used in race and national origin cases
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strict scrutiny
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protects different rules governing different groups of people
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equal protections clause
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it is legitimate to consider race drawing district lines- but can NOT be the sole reason for drawing the lines
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Shaw v. Reno
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boyscouts may exclude homosexuals because it is a private institution
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Boy Scouts of American v. Dale
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Congress can use the commerce clause to outlaw discrimination in public accommodations
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Heart of Atlanta Motel v. U.S.
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consideration of race can be one factor among many in considering college entrance
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University of Cal. v. Bakke
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Michigan's entrance policy was unconstitutional because it wasn't narrow enough to give individuals consideration
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Gratz v. Bollinger
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law school admission was okay because race was only used as a plus factor- policy was individualized
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Grutter v. Bollinger
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race/ national origin
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suspect class
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gender, illegitimate children
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quasi-suspect class
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must go through proper procedures to take away person's rights
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procedural due process
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prevents unreasonable laws and regulations- checks how a law is exercised
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substantive due process
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government may take your land for public use
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eminent domain
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prevents illegal searches and seizures
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4th amendment
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originally the Bill of rights protected citizens from
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the national government only
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the only two times prior restraint may be used
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times of national security and high school publications
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denying a person unemployment benefits fired for illegal drug use is not a violation of the free exercise clause
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Oregon v. Smith
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the right of state governments to protect the health, safety, welfare of its citizens
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police powers
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laws protecting reporters from revealing their sources
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shield laws
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speech advocating the overthrow of the government
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seditious speech
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prevents the national government from establishing a national religion
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establishment clause
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requires meetings/ proceeding to be open to the public
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sunshine laws
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requires that government documents that are not security related to be available to the public if requested
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Freedom of information act
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overturned the Dred Scott ruling
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14th amendment
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when the judge alone (no jury) decides a case
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bench trial
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over 90% of cases end this way
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plea bargain
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group of people who decide if there is enough evidence to go to trial
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grand jury
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group of people who decide guilt or innocence of someone accused of a crime
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petit jury
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states that evidence illegally obtained can not be used in a trial
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exclusionary rule
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laws/policies to right past discriminatory practices
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affirmative action
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granted women the right to vote
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19th amendment
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segregation by law
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de jure segregation
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makes it a federal crime to prevent people from voting in a federal election
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civil rights act of 1957
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bans discrimination in employment, public accommodations because of race, color, sex, national origin
created EEOC |
Civil rights act of 1964
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can appoint people to register voters in areas with historical discrimination practices
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voting rights act 1965
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prohibits job discrimination of people 40-65
prohibits mandatory retirement |
age discrimination in employment act 1967
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prohibits discrimination on the basis of race, color, religion, or national origin in sale or rental property
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fair housing act 1968
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prohibits discrimination on the basis of sex in any education program receiving federal funds
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Title IX- education amendment 1972
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requires recipients of federal grants over 2,500 hire and promote qualified handicapped individuals
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Rehabilitation Act 1973
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gave HUD authority to prohibit housing bias against the handicapped and families with children
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fair housing act amendments 1988
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prohibits discrimination based upon disability and requires facilities be made accessible to those with disabilities
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American with Disabilities Act
ADA |
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employers must justify practices that negatively affect the working conditions of women/minorities- no alternative practice would have a lesser impact- glass ceiling
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Civil Rights Act 1991
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