programs for minorities supported by govt for means of providing equality under the law.
Americans with Disabilities Act (1991)
required employes, schools, and public buildings to reasonably accommodate the handicapped by providing stuff
"friend of the court" briefs sent to support one side or the other, not necessarily by parties involved (only affected)
courts that have the right to review appeals. SC is the final court of appeal
Bill of Rights
1791, adopted by states. basis of civil liberties for Americans
a conservative jurist appointed by Nixon. more conservative than Warren. handed over more power to states
Civil Rights Act of 1964
prohibited any registration requirement resulting in discrimination. 15th amendment yay
Clear and Present Danger Doctrine
Schenek v. US, give govt the right to censor speech when it will significantly hurt national security (like times of war)
addition opinion in Court by member of majority
Creul and unusual punishment
8th amendment, prohibit fed. govt from imposing excessive penalties
De facto segregation
segregation with no law
De juro segregation
segregation by law. illegal by Brown case.
contrary to the ruling of full court
once a verdict is handed down, you cannot be tried again
Equal Protection Under the Law
14th, civil rights, to protect other minority groups
1st; defines right to practice their religion without govt interference. place restriction on creating a "wall of separation" b/w church and state
Ex post facto laws
laws after act happens--congress is prohibitied
Mapp case. police may obtain only evidence can be held via a legitimate search warrant. other evidence is not admissible or is excluded
Free Exercise Clause
1st, guarantees right to pray and believe. illegal for Congress to pass laws that restrict this right
Gibbon v Ogden (1824)
Congress has sole authority over interstate commerce
SC struck down NY law over steamboats that went to NJ
Gitlow v New York (1925)
incorporated 1st amendment to states... sparked by socialist propaganda by Gitlow in NY.
maintains the status quo or mirrors current policy
Marbury v. Madison; gives SC the power to interret Constitution (and acts of Congress, preds, and the states)
Senate committee, responsible for recommending presidential judicial appointments
written publications that print false information that defames the character of an indivitual
court ruling, participated by majority of justices hearing a case
John Marshall, power to the judiciary and fed govt (ex: Marbury v. Madison, McCulloch v. Maryland, Gibbons v. Ogden)
McCulloch v. Maryland (1819)
fed. govt was supreme over the state
taxing fed banks. necessary and proper clause
legal argument by each attorney persuade the court to decide the issue in their client's favor
cases heard by SC that do not come on appeal (authority to do so)
Plessy v. Ferguson (1896)
impose "separate but equal"
=stare decisis; eariler court decisions serve as models
censorship of written material by govt
Procedural due process
protects the right of the accused at every step of the investigation (amendments 5th, 6th, & 7th)
Richard Nixon after Burger Court. conservative jurist; court of judicial restraint and conservative tendencies
Rule of four
approval of at least four justices before a case can be heard on appeal
Article II; authority to approve appointments made by the preds
right to ee notified by the president of pending judicial nominations. not apply to SC justice nominations.
sppech, false info defames etc
deal with proposed bills & oversight function. permanent across offices
THEY STAND OVER(sight)
settling on judicial precedent. (word came from English judges settling disputes based on custom and tradition...the more you know!)
Substantive due process
places limits to the extent govt can sue its power to enact unreasonable laws
free speech interpreted by SC under 1st Amendment
Voting Rights Act of 1965
15th fo' real. eliminate poll tax and literac requirements. also gerrymandering racially
Eisenhower. liberal, activist court. Brown case
Writ of certiorari
"to be made more certain"-- SC accepts written briefs on appeal based on rule of four
Barron v. Baltimore (1833)
Bill of Rights restrained only the nat. govt, not states and cities
Brown v. Board of Education (1954)
school segregation = inherently unconstitutional: violated equal protection of 14th amendment
ended legal segregation (de juro)
summer number of people sue on behalf of all people in similar circumstances
advertising. may be restricted more than any other types of speech.
courts of original jurisdiction. trials are held in here and juries may be impaneled.
due process clause
part of 14th guaranteeing persons cannot be deprived of basic rights (life, liberty, property) fed/state govts without due process of law
Engle v. Vitale (1962)
state officials writing prayer to be recited by NY schoolchildren-- violating 1st
public school prayer = unconstitutional
Furman v. Georgia (1972)
declared death penalty as cruel and unusual... unconstitutional
Gregg v. Georgia (1976)
upheld constitutionality of the death penalty... did not believe death sentence = cruel and unusual punishment
Gideon v. Wainwright (1963)
anyone accused of a felony where imprisonment may be imposed has a right to lawyer. Gideon's Trumpet
14th amendment-- Bill of Rights also applies to states
Lemon v. Kurtzman (1971)
established lemon rule... for a law to be considered constitutional under establishment clause
must... (1) have secular legislative purpose; (2) primary effect neither advances/inhibits religion; (3) not foster excessive govt entanglement with religion
Mapp v. Ohio (1961)
ruled 4th Amendment's unreasonable searches and seizures must be extended to the states
Marbury v. Madison (1803)
asserted the right of SC to determine the meaning of US Constitution. established judicial review
Miranda v. Arizona (1966)
sets guidelines for police questioning-- protect one against self-incrimination
doctrine; to avoid deciding some cases those involving conflicts b/w president and congress
Roe v. Wade (1972)
state ban on all abortions = unconstitutional
trimester system: 1st-no control, 2nd-limited regulation, 3rd-permit to ban abortion
presidential appointee, 3rd ranking office in Dept. of Justice. charge of appellate court litigation of fed. govt.
maintains natural supremacy in law. both original & appellate jurisdiction.
Regents of the University of California v. Bakke (1978)
affirmative action = constitutional; quota system based on race = unconstitutional
Escobedo v. Illinois (1964)
criminal suspects have a right to counsel during police interrogations under the Sixth Amendment
Griswold v. Connecticut (1965)
protecting a right to privacy--banning contraceptives is unconstitutional. violates "right to marital privacy"
Hazelwood v. Kuhlmeir (1988)
school newspapers may be regulated by school
Swann v. Charlotte-Mecklenburg Board of Education (1971)
Busing students to promote integration is constitutional.
Tinker v. Des Moines (1969)
students don't "shed their constitutional rights at the schoolhouse door," Guaranteed a student's right to protest (wearing black armbands to protest against war in Vietnam).
U.S. v. Lopez (1995)
A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any sort of economic activity. Limits Congress's power under the Commerce Clause
The intermediate level of federal courts that hear appeals from district courts. More generally, an appeals court is any court with appellate jurisdiction.
nation's top legal officer; today also the head of the Department of Justice.
The ability of communities to ban certain language, art, or actions based on what they deem obscene or appropriate for their citizens. (...porn!)
Official court approval of a plan
Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, & specialized courts such as the U.S. Court of International Trade
speech or symbolic actions intended to inflict emotional distress, to defame, or to intimidate people
In forma pauperis
A method whereby a poor person can have his or her case heard in federal court without charge
created the precedent of judicial review; ruled on many early decisions that gave the federal government more power, especially the supreme court. appointed by John Adams
Chief Justice of the Supreme Court
SC Justices. Lucky.
a legal proceeding in a court
A test of ideological purity used by recent presidents in selecting and senators in confirming judges to nominate to federal courts.
This contraversial 2001 law allows anti-terrorism authorities to monitor e-mail and Internet traffic in order to prevent terrorist attacks. The government argues that cyberspace is public domain and that no warrants should be needed to access information.
By the court. An opinion of the Court which is authored by the justices collectively.
federal courts which were created by Congress to hear specific types of cases. Sometimes called "legislative courts," they include: the Court of Military Appeals, the Claims Court, the Tax Court, territorial courts, and the courts of the District of Columbia.
a heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance