personal guarantees and freedoms that the government cannot abridge, either by law, constitution, or judicial interpretation.
provide freedom against arbitrary or discriminitory treatment by government or individuals based on categories such as race, sex, national origin, age, religion, or sexual orientation.
Bill of Rights
First ten ammendmends to the constitution ratified in 1789
Due process clause
Making various provisions contained in the Bill of Rights applicable to the states
substantive due process
states had the legal burden to prove that their laws were a valid exercise of their power to regulate the health, welfare, or public morals of their citizens.
limit the rights of the states byu protecting against abridgement of fundamental freedoms
those liberties defined by the Court as essential to order, liberty, and justice
directs the national government not to sanction an official religion
free exercise clause
gaurantees citizens that the national government will not interfere with their practice of religion.
a practice or policy was constitutional if it: 1. had a legitimate secular purpose; 2. neither advanced nor inhibited religion; 3. did not foster an excessive government entanglement
guard against the prohibition of speech or publication before the fact
written statement that defames the character of a person
words that are spoken that defame the character of a person.
New York Times Co. v Sullivan (1964)
first major libel case considered by the Supreme Court.
words that "by their very utterance inflict injury or tend or incite an immediate breach of peace," are not subject to the first amendment.
writs of habeas corpus
court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allow the prisoner to be freed if the judge is not persuaded by the government's case.
ex post facto laws
laws that make an act punishable as a crime even if the action was legal at the time it was committed
bills of attainder
laws declaring an act illegal without a judicial trial
Miranda v. Arizona (1966)
brought fourth miranda rights was a case about rape, police did not tell him he had the right to remain silent.
"Prior to any questioning, the person must be warned that he has a right to remain silent, that any statements he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed."
double jeopardy clause
protects individuals from being tried twice for the same crime in the same jurisdiction
bans use of illegally seized evidence at trial
right to privacy
areas in life that the government was off limits to regulate.
Roe v. Wade (1973)
Three different stages in pregnancy. the second trimester, its legal to have an abortion but only to protect the life of the mother. the third trimester, state's interest in potential life outweighed a woman's privacy interest.
denied most legal rights to newly freed slaves by prohibiting African Americans from voting, sitting on juries, or even appearing in public places.
equal protection clause
14th amendment prohibits states from denying "any person within its jurisdiction the equal protection of the laws."
Jim Crow laws
required segregation in public schools and facilities, including railroads, restaurants, and theaters.
small taxes on the right to vote that often came due when poor African American sharecroppers had the least ammount of money on hand
grants voting privileges to those citizens who failed to pass a wealth or literacy test only if their grandfathers had voted before Reconstruction.
Plessy v. Ferguson
A movement started by the NAWSA (National American Woman Suffrage Associations) for woman suffrages
Brown v. Board of Education
Civil Rights Act of 1964
*Outlawed abitrary discriminatiopn in voter registration and expedited voting rights lawsuits.
*Barred discrimination in public accomodations.
*Equal Employment Opportunity Commission.
Equal Rights Amendment
Rights of laws shall not be denied by the US on the account of sex.
Equal Pay Act of 1963
Employers had to pay both women and men the same wages.
stops discrimination of federal funds for female students.
policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group
national government and state governments share power and derive all authority from the people.
local and regional governments derived all power form a strong nation government.
reserved / police powers
tenth amendment, health , safety, and morals of our citizens
powers shared by the nation and state governments
bill of attainder
a law declaering an act illegal without juduicial trial.
full faith and credit clause
ensures that judicial decrees and contracts made in one state will be binding and enforceable in another.
privileges and immunities clause
gauranteeing that the citizens of each state are afforded the same rights as citizens of all other states.
requires states to extradite, or return, criminials to states where they have been convicted or are to stand trial.
comtracts between states that carry the force of law
McCulloch v. Maryland (1819)
first major supreme court decision to define the realtionship between the national and state governments.
Gibbons v. Ogden
national power scope, broaden
Barron v. Baltimore
national v state power relation.
seperate and equally powerful state and national governments
Dred Scott v. Sandford (1857)
Gave states the right to void laws if they found it was unconstitutional.
power to levy taxes
states elections are now voted on
The New Deal
FDR proposed program that brought the country out of the Great Depression
interwinded relationship amoung state,national, and local governments that began with the New Deal.
allocate federal funds if states can match it.
large amounts of money given to states with only general spending guidelines.
national laws that direct state or local governments to complyu with federal rules or regulations.
when the actions of states gets overwritten by the national government.
national government gives leeway in action on issues normally considered nation in scope.