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42 Cards in this Set
- Front
- Back
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restraints on the actions of government against individuals are referred to as |
civil liberties |
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the first amendments to the us constitution |
bill of rights |
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what shapes the true natrue of the civil liberties and rights that we poses |
judicial interpretation |
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bill of rights originally only |
limited the powers of the national gov |
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created bill of rights primarily because |
the fear of tyranny of the national gov |
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in1883 supreme court held that the bill of rights ____ apply to state laws |
did not |
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after this the national constitution began to be applied to the states |
ratification of the 14th amendment |
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section 1 of 14th amendment state |
no state shall deprive any person of life, liberty, or property, without due process of law |
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incorporation theory |
the view that most of the protections of hte bill of rights apply to state govs through the 14th amendments due process clause |
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gitlow v new yrok |
court held that the 14th amendment protected the freedome of speech guaranteed by the first amendment to the constitution from state infringement |
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supreme court never completely accepted |
the incorporation theory |
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in 2010 the court ruled that |
states were obligated to recognize an individuals right to bear arms |
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freedom of speech incorporation into the fourteenth amendment (1925) case and amendment involved |
I -gitlow v new york |
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freedom of the press incorporation into the fourteenth amendment (1931) case and amendment involved |
I -near v minnesota |
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right to a lawyer in capital punishment cases incorporation into the fourteenth amendment (1932) case and amendment involved |
VI -powell v alabama |
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freedom of assembly and right to petition incorporation into the fourteenth amendment (1937) case and amendment involved |
I -de jonge v oregon |
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freedom of religion incorporation into the fourteenth amendment (1940) case and amendment involved |
I -cantwell v connecticut |
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seperation of church and state incorporation into the fourteenth amendment (1925) case and amendment involved |
I -everson v board of education |
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right to a public trial incorporation into the fourteenth amendment (1948) case and amendment involved |
VI - in re oliver |
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no unreasonable searches and seizures incorporation into the fourteenth amendment (1949) case and amendment involved |
IV - wolf v colorado |
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exclusionary rule incorporation into the fourteenth amendment (1961) case and amendment involved |
IV -mapp v ohio |
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no cruel and unsual punishment incorporation into the fourteenth amendment (1962) case and amendment involved |
VIII -robinson v california |
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right to a lawyer in all criminal felony cases incorporation into the fourteenth amendment (1963) case and amendment involved |
VI -gideon v wainwright |
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no compulsory self incrimination incorporation into the fourteenth amendment (1964) case and amendment involved |
V -mally v hogan |
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right to privacy incorporation into the fourteenth amendment (1965) case and amendment involved |
griswold v connecticut |
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right to an impartial jury incorporation into the fourteenth amendment (1966) case and amendment involved |
parker v gladden |
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right to a speedy trial incorporation into the fourteenth amendment (1967) case and amendment involved |
VI klopfer v north carolina |
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no double jeopardy incorporation into the fourteenth amendment (1969) case and amendment involved |
V benton v maryland |
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right to bear arms incorporation into the fourteenth amendment (2010) case and amendment involved |
mcdonald v chicago |
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freedom of religions two principal rules |
1. seperation of church and state 2. free exercise of religion |
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1st amendment states |
the congress shall make no law respecting an establishment of religion |
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establishment clause |
part of the 1st am prohibiting the establishment of a church officially supported by the national gov -designed to create a wall of seperation of church and state |
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lemon v kurtzman 1971 |
court ruled that direct state aid could not be used to subsidize religious instruction |
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all laws that raise issue under the establishment clause are now subject to the |
three part lemon test |
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one proposed solution to the belief that public schools are failing to educate children adequetly is |
that state and local govs issue school vouchers |
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school voucher |
represent state issued funds that can be used to purchase education at any school, public or private -might violate the establishment clause |
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engel v vitale |
issue of school prayer -parents lost at trial -supreme court ruled that the regents action was unconstitutional |
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can require a moment of silence as long as they make it |
clear that the purpose is secular |
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intelligent design |
evolution theory thats gaps can be explained only by the existance of god |
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religous displays on public property |
as long as contains secular components |
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free exercise clause |
the provision of the first amendment guaranteeing the free exercise of religion |
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irs revoked the tax exmpt status of branch ministries |
as they were using tax exempt income to buy newpaper advertisement denouncing democratic presidents |
