Gov. Unit 5 – Flashcards

Federal and state courts. Most cases are heard in the state systems.

To relieve the supreme court from hearing so many appeals.

Established by the case Marbury V. Madison. It s the idea that the court could determine the constitutionality of laws (this makes the system of checks and balances work.)

Supreme Court

They decide based on the rule of 4 (at least 4 out of 9 judges must agree to a case being put on their docket)

1. freedom to/from; religion, speech, press, assembly, and petition. 2. The right to bear arms to maintain a well regulated militia 3. No quartering of soldiers 4. Freedom from unreasonable searches/seizures 5. Right to due process of freedom of self-incrimination and double jeopardy 6. More rights of the people (speedy and public trial) 7. Right to trial by jury in federal cases 8. Freedom from excessive bail and cruel and unusual punishment. 9. Other rights of the people 10. Anything not explicitly given to federal gov. is reserved to the states

Everyone has the right to do as they please as long as it does not infringe on the rights of others

The protections in the Bill of Rights protect you from the federal gov. not the state gov., however the supreme court has decided that the 14 amendment makes most of the bill of rights apply to the states as well.

Establishment: Prohibits the establishment of a single religion Free Exercise: Prohibits arbitrary gov. interference in the practice of religion

The Supreme Court has forbid the use of poisonous snakes in religious ceremonies.

Allow animal sacrafice as a part of church service

1. Obscenity 2. false/malicious print and slander 3. inciting a riot

Symbolic freedom of speech is utilizing your first amendment right without speaking protected: flag burning unprotected: burning your draft card

No, freedom of association is an implied right.

Time, place and manner regulations

Guaranteed women right of privacy over choice of having an abortion or not, specifically in the first trimester.

Courts have ruled that if the car is lawfully stopped then they can search the car without a warrant.

The exclusionary rule states that any evidence obtained illegally cannot be used in trial.

You cannot be charged for the same crime twice.

It established Miranda Rights 1. right to remain silent 2. anything you say can and will be used against you 3. right to an attorney 4. if you can't afford an attorney, one will be provided for you 5. you can bring police questioning to a stop at any time

1. drawing and quartering 2. burning at the stake 3. crucifixion

No, with a two stage trial

1. African Americans 2. Native Americans 3. Asian Americans 4. Hispanics 5. Women

It created the separate but equal doctrine

Separation was not inherently unequal, and that schools needed to integrate with "all deliberate speed" overturned Plessy V. Ferguson

de jure: segregation by law de facto: segregation that happens based on things like housing patterns

1. voting rights 2. outlawed discrimination in various public accomidations 3. Outlawed discrimination in any federal program receiving federal funding 4. Forbids employers from discriminating

outlaws discrimination in housing (selling/renting)

1. ju soil (born on U.S. soil) 2. jus sanguins (born abroad but to at least one parent who is a citizen and has lived in the US) 3. Individual naturalization 4. Collective naturalization