Magruder's Ch. 20-21 Wren

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suzannewren  on May 1, 2012

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Civil Liberties & Civil Rights

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Magruder's Ch. 20-21 Wren

4th Amendment
prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause
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Definitions

4th Amendment prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause
police power the authority of each state to act to protect and promote the public health, safety, morals and general welfare of its people
probable cause reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
exclusionary rule evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized
double jeopardy the 5th Amendment right providing that a person cannot be tried twice for the same crime
Miranda Rule requirement that police inform suspects of their right to remain silent and right to have counsel while being interrogated; failure to inform suspects of their rights will result in any confession or evidence thus obtained being inadmissible against them at trial
due process 14th Amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
equal protection 14th Amendment clause guaranteeing all citizens equal protection of the laws; the courts have interpreted the clause to bar discrimination against minorities and women
discrimination unfair treatment of a person or group on the basis of prejudice
separate but equal doctrine the doctrine established in Plessy v. Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities
de jure segregation segregation that is imposed by law; Plessy case
de facto segregation segregation (especially in schools) that happens in fact although not required by law; resulting from tradition and custom
affirmative action a policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group; women and minorities (LBJ)
reverse discrimination the charge that an affirmative action program discriminates against those who do not have minority status; Bakke case
Marbury v. Madison established concept of judicial review, first time supreme court declared something 'unconstitutional';
"midnight judges"-1803
Brown v. Board of Ecucation landmark Supreme Court case that declared state laws establishing separate public schools for black and white students unconstitutional-1954; overturned Plessy
Engel v. Vitale banned formal prayer in schools, government would not make any religion the 'official' religion; upheld establishment clause-1962
Gideon v. Wainwright ordered states to provide lawyers for those unable to afford them; 6th and 14th Amendments; Warren Court's judicial activism-1963
Miranda v. Arizona upon arrest, a suspect has the right to remain silent and the right to consult with a lawyer-1966
Roe v. Wade legalized abortion on the basis of a woman's right to privacy-1973

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