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50 Cards in this Set
- Front
- Back
Everson v Board of Education (1947)
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First use of incorporation for establishment clause; Busing for Catholic schools was upheld, however.
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Lemon v Kurtzman (1971)
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The state cannot reimburse private schools for religious stuff
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Westside School District v Mergens
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Bible club could be held at school after school, but the club adviser could not be paid for it.
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Reynolds v United States
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Religious duty does not take precedence over law; polygamy, thus, is not legal to those practicing religions containing polygamy
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Employment Division v. Smith
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Unemployment benefits can be denied if someone is fired for use of peyote even if it is for religious purposes.
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Schenck v. United States (1919)
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Founding of the Clear-and-Present-Danger usage. Leaflets in WWI trashtalking the draft were upheld as illegal.
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Tinker v Des Moines (1969)
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1st Amendment speech upheld in classrooms
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DC v Heller (2008)
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Upheld that 2nd Amendment allows use of firearms without a militia for lawful purposes such as self defense.
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Mapp v Ohio (1961)
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Information found in methods that violate the 4th Amendment cannot be used in a criminal trial
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Gideon v Wainwright (1963)
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States must provide counsel to those unable to afford a lawyer
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Miranda v Arizona (1966)
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Things said by someone who has not been directly informed of their rights to have an attorney and to not self-incriminate cannot be used against them.
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Plessy v Ferguson (1896)
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Ruling that segregation was okay, under the term "separate but equal"
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Korematsu v US (1944)
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Disallowing Japanese from living in certain areas was constitutional because it protected against espionage.
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Brown v Board (1954)
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Segregation for schoolchildren was unequal
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Regents of the University of California v. Bakke (1978)
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Barred quota systems in schools but allows affirmative action programs to give equal access to minorities
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Incorporation Doctrine
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Using the 14th Amendment to extend restrictions onto states for rights.
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Equal Protection Clause
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14th: "No state shall deny equal protection of the law"
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Due Process Clause
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Fifth/Fourteenth: "Nobody shall be deprived of L, L, P without due process of law."
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Selective Incorporation
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Only using incorporation on certain freedoms.
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Preferred Freedoms
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Some freedoms take precedence over others.
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Establishment Clause
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No officially established religion, no endorsement of religion.
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Free Exercise Clause
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As long as practices remain legal, any religion should be accepted.
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Lemon Test
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Secular purpose?
Effect of advancing or inhibiting religion? eXcessive government entanglement? |
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Freedom of Expression
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Press and speech are not limited, within some basic limits.
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Time, place, and manner restrictions
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There's a time and a place for everything; things should not be said in inappropriate places if they are going to cause unnecessary harm.
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Symbolic Speech
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Illegal activities that are meant to be symbolic are still illegal- free speech does not protect them.
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Prior Restraint
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Telling a newspaper ahead of time what it can and cannot publish.
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Libel
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Malicious, knowingly false information that is published that significantly damages the subject of the information.
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Imminent danger
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Speech may only be stopped if there is danger that is close to happening.
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Right to associate
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People can hang or belong to whoever they want without persecution
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Indictment
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Formal accusation of criminality.
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Grand Jury
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Decide if there's enough evidence for a trial.
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Probable cause
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Police can arrest or search if it is reasonable that there might be merit.
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Exclusionary rule
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Evidence found illegally don't count.
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Good faith exception
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If the police felt they were being legal, it is ok.
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Self-incrimination
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Being forced to testify against yourself
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Strict Scrutiny
Semi-Strict Reasonable/rational |
Probably won't pass
May or may not pass Will probably pass |
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Jim Crow
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Separate but equal
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Civil Rights Act 1964
Voting Rights Act 1965 Higher Education Act 1972 (Title IX) |
No racial segregation
No discriminatory voting practices Sex cannot be a decider in things relating to higher education |
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Americans with Disabilities Act of 1990
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Granted greater rights to the disabled; required greater accommodation
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Equal Rights Amendment
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Proposed amendment that disallows discrimination based on sex.
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Right to Privacy
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People are granted the ability to have privacy; was used for abortion.
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Affirmative Action
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Giving benefits to minorities, women to level the playing field
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Reverse discrimination
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Being favorable to minority at the expense of the majority is just as bad.
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Compelling government interest
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Necessary or crucial gov't interest
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Narrowly tailored
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--
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Concurring opinion
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I agree but for a different reason
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Dissenting
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I disagree
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Griswold v Connecticut 1965
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Right to privacy (contraceptives are A-Ok!)
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Roe v Wade 1973
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Most state abortion laws were thrown out.
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