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69 Cards in this Set

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