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77 Cards in this Set
- Front
- Back
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First Amendment
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~Government can't establish a national religion
~Free excersize of religion ~Freedom of speach (Gitlow v. NY) ~Freedom of the press (Near v. MN) ~Freedom of petition ~Freedom of assembly |
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Double Jeopardy
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cannot be tried 2x for the same crime if 1st verdict was innocence
Fifth amendment |
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Self-incrimination
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Protected from self-incrimination (right to remain silent) and coercion by law officials.
Fifth amendment |
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Fourth Amendment
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~Protection from unreasonable Search and seizure; forfeit if you knowingly waive right. (Exclusionary rule; Mapp v. Ohio)
~Protection from arrest without probable cause |
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Fifth Amendment
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~Self-incrimination
~Double jeopordy ~Just compensation ~Indictment by a grand jury is not applicable to the states under the 14th amendment |
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Sixth amendment
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~Speedy and Public trial
~Assistance of council (Gideon v. Wainwright) ~confrontation ~Impartial jury except in petty or juvenile courts |
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Gideon v. Wainwright
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Selective inclusion process; 6th amendment
Ruled that state courts are required to provide counsel in criminal cases for defendants unable to afford their own attorneys. |
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Eighth Amendment
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The Cruel and Unusual Punishment Clause is the only part of the Amendment that has been made applicable to the states via the Due Process Clause of the Fourteenth Amendment.
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Art. 6 of the constitution
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establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the supreme law of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." It also validates national debt created under the Articles of Confederation and requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states' constitutions and laws should not conflict with the laws of the federal constitution—and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state.
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Tenth amendment
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makes us federal
all powers not given to the federal government belong to the states states have soverign immunity within the constitution |
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Gitlow v. New York
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1st amendment free speach applies to states through the 14th amendment selective incorporation
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14th amendment selective incorporation
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the incorporation into the 14th amendment of certain provisions of the Bill of Rights so that these rights can be protected by the federal courts from infringement by the states.
Provides procedural due process, equal protection under the law, privigles and immunities. Parts of 1st, 4th, 5th, 6th, 8th, and 9th amendments included |
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Near v. Minnesota
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1st amendment free press applies to states through the 14th amendment selective incorporation
ruled that state law banning "malicious, scandelous, or defamitory" publications was "the essence of censorship." prior restraint |
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McCulloch v. Maryland
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artical 6: The supremacy clause prohibits states from imposing a tax on federal facilities; key case for implied power
The power to tax can be the power to destroy McCulloch refused to pay maryland tax for his branch of the national bank |
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soverign immunity
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Artical 6: the constitution, federal laws, and treaties shall be the supreme law of the land
11th amendment: The US cant be sued without its consent, and no person can sue one state from another state |
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Enumerated power
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The 17 powers granted to the national government under Artical I, section 8
Include taxation and the regulation of commerce as well as the authority to provide for the national defence. aka expressed power Marbury v. Madison |
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Marbury v. Madison
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Established that the US supreme court can only hear cases on appeal, and only the supreme court has the power to interpret the constitution; an enumorated power.
Fist time an act of congress was declared unconstitutional Marbury never got his commission |
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Judicial review
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the power of the judiciary to decide whether a government official or institution has acted within the limits of its constitutional authority, and if not, to declare its action null and void.
Preferred position docrtine |
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Mapp v, Ohio
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First case in the selective incorporation process; 4th amendment
Ruled that illeagally seized evidence cannot be used in court, establishing the exclusionary rule |
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Miranda v. Arizona
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Ruled that police must advise the accused of thier rights upon interrogation or arrest
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Gibbons v. Ogden
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NY granted a monopoly to a ferry companty.
Ruled that commerce is a federal domain and states cannot limit the exchange of goods and services; key case in est. inherant powers. Congress' power extends into states when commerce between states is at issue. Only congress can regulate interstate commerce. |
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Dred Scott v. Sanford
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Supreme court tried to uphold slavery by ruling that Blacks are not citizens and can't sue
Anyone of African descent is property, and property can be taken to any state key case in establishing inherent powers |
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Substantive Due Process
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The fundamental constitutional legal theory upon which the Griswold/Roe/Casey privacy right is based.
The doctrine of Substantive Due Process holds that the Due Process Clause not only requires "due process," that is, basic procedural rights, but that it also protects basic substantive rights. "Substantive" rights are those general rights that reserve to the individual the power to possess or to do certain things, despite the government’s desire to the contrary. These are rights like freedom of speech and religion. |
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Procedural Due Process
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Special rights that dictate how the government can lawfully go about taking away a person’s freedom or property or life, when the law otherwise gives them the power to do so.
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Totalitarian Government
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assert complete dominence over individuals and the institutions of society.
Often use fear, intimidation, and force to control every aspect of the population ex: Hitler and Stalin |
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Authoritarian Government
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Leaders, though they admit no limits on their powers, are effectively limited by other centers of power in the society.
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Autocrary
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A form of government in which absolute control rests with a single person.
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Majoritarianism
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The basic principle of democracy; the majority prevails in the counting of votes and determination of public policy
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Pluralism
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theory: focuses on group activity and holds that many policies are effectiveily decided through power wielded by diverse (plural) interests
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Elitism
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theory: the power in America is held by a small number of well-positioned, highly influential individuals
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Bureaucratic rule
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Theory: power resides in the hands of career governement bureaucrats
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Democracy
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form of government in which people govern, either directly or through elected representatives
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Oligarchy
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Form of government in which control rests with a small group, such as top-ranking military officers or a few wealthy families.
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Autocracy
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Form of government in which control rests with a single individual, such as a king or dictator
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Constitutionalism
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Form of government in Western society based on laws and constitutional powers.
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Socialism
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Democracy + public ownership
Assigns government a large role in the ownership of the means of production, in regulating the economic decisions, and in providing for the economic security of the individual. ex: Sweden, government does not try to manage the entire economy |
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Communism
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Dictator + Public ownership
the government owns most or all of the economy, including production quotas, supply points, and pricing. |
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Capitalism
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Democracy + private ownership
The government should interfere with the economy as little as possible; firms may operate in a free and open marketplace, and individuals are expected to rely on themselves for economic security. |
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Four theories of power in America
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Majoritarianism, Pluralism, Elitism, and Bureaucratic rule.
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Theocracy
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a form of government in which a god or deity is recognized as the supreme civil ruler
ex: Iran, Saudi Arabia, The Vatican |
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implied power
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The federal government's constitutional authority (through the necessary and proper clause in artical 1 and supremacy clause in artical 6) to take action that is not expressly authorized by the constitution, but that supports actions that are so authorized
McCulloch v. Maryland |
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Inherent power
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Only the federal government can regulate commerce between states
commerce clause in artical 6 Gibbons v. Ogden; Dred Scot v. Sanford |
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Delegated power
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The Bill of Rights applied only to the Federal Government, not state governemtns (pre 14th amendment)
Barron v. Baltimore |
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Barron v. Baltimore
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Ruled that the bill of rights was not applicable to the states
Court refused to permit a citizen to sue the local government for violating his property rights under the Just compensation clause of the constitution (5th amendment) Key case in delegated powers |
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Privileges and Immunities
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14th amendment
must provide all with due process and equal protection |
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Necessary and Proper clause
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Artical 1, section 8
The authority granted congress "to make all laws which shall be necessary and proper" for the implimentation of its enumerated powers |
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Interstate commerce clause
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only congress can regulate interstate commerce (article 1, section 8, clause 3)
Gibbons v. Ogden Inherant power |
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Contract clause
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Contract clause is in Article 1, Section 10 (Enumerated Power)
Forbids states from impairing the obligation of contracts Fletcher v. Peck: Court denied Georgia from rescinding sale of state lands to investors Dartmouth College: A corporate (college) charter was a contract and can't be changed by the state without violating the Constitution |
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One Person One Vote
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All legislative districts must have equal number of voters to insure equal protection under 14th Amend
Baker v. Carr; Reynolds v. Sims; Gomillion v. Lightfoot |
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Baker v. Carr
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required redistricting of all state lower houses to achieve reapportionment
one person, one vote |
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Reynolds v. Sims
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require all state senates to do the same as Baker v. Carr
one person one vote |
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Gomillion v. Lightfoot
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No redistricting that results in discrimination of minorities
one person one vote |
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Federal form of government
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A governmental system in which
authority is divided between two sovereign levels of government: national and state 10th amendment makes us federal |
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Unitary form of governement
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Unitary is a system in which the national government alone has sovereign (ultimate) authority
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Facism
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Dictator + private ownership
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New York Times v. Sullivan
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Ruled that public officials have only limited protection form libel by newspapers when the printed statements involve political issues.
Court ruled 1st Amend. Prohibits a public official from recovering damages unless it was a false and reckless disregard of the facts. |
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Habeas corpus
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you must be charged with a crime or released withing a set time
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Ex Post Facto
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can't be charged with a crime before it becomes a law
retroactive |
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Sheppard v. Maxwell
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Excess Pre trial publicity can result in an unfair trail and require a new trial
Jury can be sequestered to insure impartiality from media coverage of a controversial trial Pre trial publicity may result in a court changing venue to a different city or county to obtain an impartial jury |
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Affirmative action
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programs that ensure equal opportunities to everyone in all aspects of employment, education, and other aspects of life
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Bakke v. U.C. Davis
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racial quotas cannot be the sole criterion for admisson
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De Jure segregation
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Discrimination based on law, as with segregation in southern public schools that resulted in Brown v. Board of Education
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De Facto Segregation
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discrimination that is a result of social and economic biases and conditions
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Brown v. Board of education
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Unanimous Court struck down racial segregation in schools and doctrine of “separate but equal” violates equal protection
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Dennis v. US
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Dennis found guilty of Smith
Act: accoused of advocating overthrow of government by collaborating with germans. This ruling was later reversed and smith act was rejected |
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US v. Leon
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judge makes error in issuing warrant allowing unproven informant to establish probable cause but court upheld validity of warrant
Ruled that illegally seized evidence is ok if search was "reasonable." |
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Engle v. Vitale
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Ruled that school prayer violates the establishment clause
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Establishment and free exercise clause
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1st amendment, does apply through 14th amendment
CONGRESS SHALL MAKE NO LAWS RESTRICTCING THE ESTABLISHMENT OF OR FREE EXERCISE OF RELIGION |
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Prior restraint
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There can not be prior restraint against a citizen with two exceptions: to incite a riot or a conspiracy to commit a crime.
Due process requires notice and a hearing Near v. Minnesota |
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Everson v. Board of Education
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Public schools are permitted to provide bus transportation to Catholic schools for safety
does not violate establishment clause |
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Writ of certiorari
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Supreme Court can issue a writ (order)
of certiorari which is a request from the losing party to ask the higher court to review the case. |
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Roth v. U.S.
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anything with redeeming social value must be protected unter the first amendment
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Jury numbers needed to convict
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criminal: unanimous
civil: 9/12 |
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Preferred Position Doctrine
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the supreme court can review any law or case in the coutry, and only they can interpret the constitution.
Judicial review, Marburry v. Madison, artical 3 |
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Public duty doctrine
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If a hazard exists and you are informed of the hazard, you are liable for 100% of the cost, even if only 1% of the fault was yours.
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mootness
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if the issue is settled, the court will not hear it.
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Ninth Amendment
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rights include matters of privacy, corporate accountablility, and consumer rights
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