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1st amendment

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n amendment to the United States Constitution guaranteeing the rights of free expression and action that are fundamental to democratic government. These rights include freedom of assembly, freedom of the press, freedom of religion, and freedom of speech.

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2nd amendment

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The right to bear arms

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3rd amendment

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No quartering of troops in times of peace

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4th amendment

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Freedom from unreasonable searches and seizures

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5th amendment

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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

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6th amendment

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right to speedy trial, right to have impartial jury of peers, right to have witness on your behalf, right to have an attorney, right to know who accused you and what you have been accused of basically miranda rights

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7th amendment

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Right to jury in civil case.

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8th amendment

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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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9th amendment

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Rights not mentioned in the Constitution are retained by the people

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10th amendment

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Reaffirmed that framers' plan to create a limited federal government. It states that all powers not given to the national government or denied to the states are reserved for states or for the people.

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11th amendment

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Judicial Limits-you can't sue a state through the federal court system, you have to go through it's own court system. includes foreign countries.

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12th amendment

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Passed as a result of the Election of 1800 and required electors to vote separately for the President and Vice President.

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13th amendment

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This amendment freed all slaves without compensation to the slave owners. It legally forbade slavery in the United States.

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14th amendment

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This amendment declared that all persons born or naturalized in the United States were entitled equal rights regardless of their race, and that their rights were protected at both the state and national levels. reaffirmed 5th amendment

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15th amendment

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amendment that gave african american males the right to vote

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16th amendment

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The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

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17th amendment

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By 1913, this Amendment shifted the election of US senators from state legislatures to the voters at large. Senators are elected directly by the people

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18th amendment

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prohibitions law that made it illegal to buy, sell, transport, or make alcohol

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19th amendment

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woman's suffrage

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Roe v Wade

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1973 ruling that decriminalized abortion.

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Roth v. United States

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Supreme Court decision ruling that "obscenity is not within the area of constitutionally protected speech or press." (freedom of expression)

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Gitlow v. New York

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Gitlow publishes manifesto advocating socialism. Result: SC rules that arresting him is a violation of free speech but if that speech leads to dangerous actions then the legislative branch may decide what is or isn't safe to say. Speech can be punished even if no action is taken. 1st case of selective incorporation

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Abington School District v. Schempp

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Prohibited devotional Bible reading in public schools by virtue of establishment clause and due process clause. Warren Court's judicial activism

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Gregg v. Georgia

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Gregg was charged and found guilty of robbery and murder and sentenced to death. Result: The death sentence is not cruel and unusual punishment if the crime is a severe criminal case.

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New York Times v. Sullivan

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The decision created a base definition of what constitutes libel--material that is written with malice and a reckless disregard for the truth. Slander criteria are very similar, but much more difficult to prove when charges are made against public officials.

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Boumediene v. Bush

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in this case the court held that foreign terrorism suspects held at Guantanamo Bay have the constitutional right to challenge their detention in US courts

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Near v. Minnesota

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Case centered on censorship - government cannot censor something (newspapers) because that restricts freedom of the press. Main issue was government officials were being criticized and wanted to censor the criticism.

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Zelman v. Simmons-Harris

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in 2002 the supreme court upheld the use of a state program providing poor families with vouchers that could be used to pay for an education at a religious school

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D.C. v. Heller

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in this case the court held that the second amendment protects the right of an individual to possess a firearm unconnected to membership in the militia

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Mapp v. Ohio

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Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism.

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Barron v. Baltimore

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Barron was owner of a profitable wharf in the harbor. As the city expanded sand accumulated in the harbor and deprived Barron of deep waters essential to his business so he demands compensation from the state. Result: SC does not have jurisdiction because the 5th Amendment only covers the national gov. not states - eminent domain

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Engel v. Vitale

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A nondenominational prayer was authorized to be said at the start of each day at local public schools. Result: The prayer violated the establishment clause. = 1st A

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Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah

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The Court ruled that laws banning animal sacrifice were unconstitutional because they targeted the Santeria religion.

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New York Times v. United States

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The President argues that the publication of the Pentagon Papers is in violation of executive privilege. Result: The barring of the publication of these papers is in violation of the 1st A. Publication does not imperial the public.

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Lemon Test

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The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion

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Roth Test

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Obscene material has to be "utterly without redeeming social importance,"

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Civil Rights Act of 1964

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a landmark civil rights and US labor law in the United States that outlaws discrimination based on race, color, religion, sex, or national origin in public accomodations

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Primary goal of the 1848 Seneca Falls Convention

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discuss injustices against women and increase support for women's rights, mainly to discuss women's suffrage

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Objective of the women's suffrage movement

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give women the right to vote

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individual liberty vs majority rule - what is the conflict?

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The majority may abuse their power and completely disregard the interests of the minority

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"intermediate scrutiny"

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a test used in some contexts to determine a law's constitutionality. To pass intermediate scrutiny, the challenged law must further an important government interest by means that are substantially related to that interest.

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de jure vs. de facto

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de jure means by law whereas de facto means in reality, even if not by law

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Title IX

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a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity.

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When did women win the constitutionally guaranteed right to vote?

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August 18, 1920

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When did the civil rights movement that pushed for racial equality begin?

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in the 1950's

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What did Jim Crow laws mandate?

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segregation of whites and coloreds

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What was Reconstruction?

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the period after the Civil War when they country was rebuilding and the north and the south were joining back together

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The Tailhook Association's 1991 convention became notorious for

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sexual harrassment

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Who had to pay poll taxes?

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Anyone who wanted to vote but it most negatively affected blacks and poor whites

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The freedom riders used civil disobedience to help end which form of discrimination in the South?

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racial segregation

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What strategy did the National Association for the Advancement of Colored People (NAACP) successfully use to fight against school segregation?

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boycotts

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In the South after Reconstruction, for what were white primaries used?

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to disenfranchise black and other minority voters

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The NAACP fights against

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racial inequality

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What was the Civil Rights Act of 1964 designed to overturn?

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ended segregation in public places and banned employment discrimination on the basis of race, color, religion, sex, or national origin

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How has the Equal Rights Amendment affected women's civil rights?

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It has had little effect because it was not formally adopted

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How are the Supreme Court decisions in Korematsu v. United States (1944) and Plessy v. Ferguson (1896) similar?

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Both sided with the government that violating an individuals rights was acceptable for the greater good

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Why did Southern states enact poll taxes?

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To disenfranchise minority voters and discourage them from voting

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Why did Congress pass the Voting Rights Act of 1965?

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aimed to overcome legal barriers at all levels barring minorities from voting

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How are the Fourteenth Amendment and the Civil Rights Act of 1964 similar?

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They guarantee citizenship to all free slaves

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How do the inherently suspect standards differ from the reasonableness standards?

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under the inherently suspect standards courts began with it is invalid and burden is on ruler maker (they automatically say it is not valid), reasonableness they differ to the rule maker unless the person challenging can prove arbitrarily rather than reasonable (their leaning towards it being fair)

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Arguments in favor affirmative action policies

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ensures diversity is obtained, creates tolerant communities of different ideas and cultures, it gives help to disadvantaged people in areas lacking in the ability to advance, compensates for the years of oppression

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Arguments against affirmative action policies -

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reverse discrimination, the past discrimination against certain minority groups does not justify present discrimination against non-minorities, those best qualified for the job or admission should get in regardless of race, makes race a dominant factor, reinforces stereotypes and racism

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What rationale did the Supreme Court rely on in deciding that school segregation was permissible?

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Segregation in public facilities was not unconstitutional as long as the separate facilities were substantially equal.

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prior restraint

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government action preventing material from being published, usually prohibited by the 1st Amendment, as confirmed in Near v. Minnesota

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The USA Patriot Act

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an Act of Congress that was signed into law by President George W. Bush on October 26, 2001. With its ten-letter abbreviation (USA PATRIOT) expanded, the full title is "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001

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clear and present danger

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doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly

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Miranda Rights

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right to remain silent, be warned that responses may be used in a court of law, and to have a lawyer present during the questioning

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habeas corpus

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"produce the body." Court order requiring government officials to present a prisoner in court and to explain to the judge why the person is being held

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Establishment Clause

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part of 1st Amendment stating that "Congress shall make no law respecting an establishment of religion."

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Free Exercise Clause

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a 1st Amendment provision that prohibits the government from interfering with the practice of religion.

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Double Jeopardy Clause

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of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb . . . ." The four essential protections included are prohibitions against, for the same offense are retrial after an acquittal, retrial after a conviction, retrial after certain mistrials; and multiple punishment

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Incorporation Doctrine

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selected provisions of the Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment

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Libel

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false written statement that attacks another person's character

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Slander

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verbal defamation (a verbal libel)

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Plea bargaining

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bargain struck between defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime

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Which rule bars the use of illegally seized evidence at trial?

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Exclusionary rule

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Is mandatory prayer in public schools constitutional?

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No

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The Supreme Court has ruled that states can limit abortions if the regulations do not pose

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undue burden

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In the 1960s, the Supreme Court aroused the wrath of many Americans with rulings like that in regarding which controversial religious issue?

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recitation for prayer and Bible passages in school

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The Supreme Court addressed the constitutionality of a Connecticut law that prohibited the use of contraception by relying on the implied

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powers

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If a police officer has a reasonable belief that someone is engaged in criminal activity, that officer can stop and frisk the suspect without getting a

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warrant

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Which branch of government created the right to privacy?

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Judicial

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The 2008 amendments to the Foreign Intelligence Surveillance Act allow government officials to use broad warrants for surveillance of which of the following?

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Electronic surveillance, physical searches pen registers, Access to certain business records for foreign intelligence purpose, and Reporting requirement

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When individuals or groups attempt to express themselves and the government tries to constrain them, who usually wins?

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Individuals and groups

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Which right has the Supreme Court found to be one of the penumbras of unstated liberties linked to explicitly stated rights?

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right to privacy

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Regents of the University of California v. Bakke (1978)

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Supreme Court decision holding that a state university could weigh race or ethnic background as one element in admissions but could not set aside places for members of particular racial groups

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Dred Scott v. Sandford

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It held that "a negro, whose ancestors were imported into [the U.S.], and sold as slaves," whether enslaved or free, could not be an American citizen and therefore had no standing to sue in federal court, and that the federal government had no power to regulate slavery in the federal territories acquired after the creation of the United States

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Santa Clara Pueblo v. Martinez (1978)

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The courts decided that "tribal common-law sovereign immunity prevented a suit against the tribe." The decision ultimately strengthened tribal self-determination by further providing that generally, the federal government played no enforcement role over the tribal governments

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Brown v. Board of Education

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The 1954 Supreme Court decision holding that school segregation was inherently unconstitutional because it violated the 14th Amendment's guarantee of equal protection. This case marked the end of legal segregation in the United States.

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Korematsu v. United States (1944)

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Supreme Court decision that upheld as constitutional the internment of more than 100,000 Americans of Japanese descent in encampments during World War II

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Plessy v. Ferguson (1896)

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provided a constitutional justification for segregation by ruling that a Louisiana law requiring "equal but separate accommodations for the white and colored races" was constitutional

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Lawrence v. Texas (2003)

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The Court struck down the sodomy law in Texas and, by extension, invalidated sodomy laws in 13 other states, making same-sex sexual activity legal in every U.S. state and territory

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Adarand Constructors v. Peña (1995)

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overturned Metro Broadcasting, Inc. v. FCC, 497 U.S.547 (1990), in which the Court had created a two tiered system for analyzing racial classifications. Adarand held the federal government to the same standards as the state and local governments through a process of "reverse incorporation," in which the Fifth Amendment's Due Process Clause was held to bind the federal government to the same standards as state and local governments are bound under the 14th Amendment

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Civil Rights Cases (1883)

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Supreme Court ruled that Civil Rights Act of 1875 forbidding discrimination in hotels, trains, and other public spaces, was unconstitutional and not authorized by the 13th or 14th Amendments

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Reed v. Reed

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landmark case in 1971 in which Supreme Court for the first time upheld a claim of gender discrimination.

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Gratz v. Bollinger (2003)

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ruled the University's point system's "predetermined point allocations" that awarded 20 points to underrepresented minorities "ensures that the diversity contributions of applicants cannot be individually assessed" and was therefore unconstitutional

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Grutter v. Bollinger (2003)

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ruled that the University of Michigan Law School had a compelling interest in promoting class diversity. The court held that a race-conscious admissions process that may favor "underrepresented minority groups," but that also took into account many other factors evaluated on an individual basis for every applicant, did not amount to a quota system that would have been unconstitutional under Regents of the University of California v. Bakke

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Civil Rights Act of 1964 (what does it ban?)

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law making racial discrimination in hotels, motels, and restaurants illegal and forbidding many forms of job discrimination

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Equal Protection Clause

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part of the 14th Amendment emphasizing that the laws must provide equivalent "protection" for all people

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Due Process Clause

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part of 14th Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law

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