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36 Cards in this Set
- Front
- Back
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establishment clause |
congress can’t make an official religion |
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free exercise clause |
the right to practice any religion |
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How has the interpretation of the 2nd amendment changed from the nations founding to now? |
it used to be connected to militia. now it is an individual guarantee and it can be regulated/limited. |
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usa patriot act |
it authorized wiretaps, bulk collection of phone and internet metadata. it helps national security while threatening individual liberty. |
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exclusionary rule |
it prohibits illegally obtained evidence from being used in a trial. it encourages police to protect our 4th amendment rights |
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which amendment is used by opponents of the death penalty to back up their argument |
the 8th amendment, they claim the death penalty is “cruel and unusual” |
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what is the process of selective incorporation |
it applies the bill of rights to the states on a case-by-case basis |
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what is the difference between the due process clause of the 5th and 14th amendments |
the due process clause of the 5th amendment only applies to federal government while the 14th amendment applies to both state and federal |
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what is the equal protection clause of the 14th amendment |
it acts as the base for civil rights and anti-discrimination laws. it helped minorities fight for equality |
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which court case implemented the principle of “separate v equal” and which reversed it |
plessy v ferguson and brown v board of education |
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civil rights act of 1964 |
it banned discrimination based on race, gender, color, religion, and national origin |
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voting rights act of 1965 |
banned literacy tests and required federal approval of all jurisdictions with a history of voter discrimination |
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strict scrutiny |
it is assumed that the discrimination is inappropriate |
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intermediate scrutiny |
when the discrimination may be government of business interest |
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rational basis |
when there could be a lot of valid reasons for the discrimination |
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engel v vitale |
a law passed encouraging voluntary prayer in schools. the court ruled it unconstitutional because it violated the separation of church and state. |
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wisconsin v yoder |
amish families were fined for not sending their children to high school. they sued claiming it went against their beliefs. the court ruled in favor of the amish families stating it violated the free exercise clause |
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tinker v des moines |
high school students wore arm bands to show support for the end of the vietnam war, they were suspended. the court ruled in favor of the students stating that students and teachers don’t shed their rights at school making it pure protected speech |
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schenck v us |
schneck distributed leaflets encouraging others to not participate in the draft. he was arrested for violating the espionage act. he upheld conviction. the court made an exception allowing congress to restrict free speech during times of war |
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nyt v us |
the nyt released volumes of the pentagon papers and the district court ordered to block further publication. the court ruled in favor of nyt stating the nyt has freedom of the press |
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mcdonald v chicago |
chicago had a ban on handguns and mcdonald wanted one for self defense. the court ordered that the ban was unconstitutional. they used the 2nd and 14th amendments to bind the individual rights to bear arms to the states. |
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nyt v us |
the nyt released volumes of the pentagon papers and the district court ordered to block further publication. the court ruled in favor of nyt stating the nyt has freedom of the press |
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mcdonald v chicago |
chicago had a ban on handguns and mcdonald wanted one for self defense. the court ordered that the ban was unconstitutional. they used the 2nd and 14th amendments to bind the individual rights to bear arms to the states. |
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gideon v wainwright |
gideon, a homeless man, was arrested for breaking into a pool hall and stealing money. after asking he was denied an attorney and was found guilty. the court ruled in favor of gideon. they used selective incorporation to bind the 6th amendment right to legal counsel to the states |
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brown v board |
linda brown was forced to attend a school further from her house instead of the closer “white school” down the street. the court ruled racial segregation in public schools (plessy v ferguson) was unconstitutional. it violated the equal protection clause of the 14th amendment |
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1st amendment |
freedom of speech, religion, press, and assembly, and the right to petition |
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2nd amendment |
right to bear arms |
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3rd amendment |
no quartering of troops |
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4th amendment |
no unreasonable searches and seizures |
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5th amendment |
no self-incrimination, no double jeopardy, right to a grand jury in criminal cases, eminent domain, and due process |
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6th amendment |
right to fair, speedy, and public trial in criminal cases |
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7th amendment |
right to a trial by jury in some civil cases |
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8th amendment |
no cruel or unusual punishment, and no excessive bail |
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9th amendment |
unenumerated rights of the people(just because a right is not listed in the bill of rights, doesn’t mean that citizens do not have it) |
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10th amendment |
guarantees the rights of the states (powers not delegated to the federal government in the constitution belong to the states) |
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14th amendment |
the states cannot deprive any person of life, liberty, or property, without due process of law |
