personal guarantees and freedoms that federal government cannot abridge by law, constitution, or judicial interpretation.
Bill of Rights
first 10 amendments of U.S. constitution which guarantees specific rights and liberties.
Substantive Due Process
judicial interpretation of 14th and 15th amend. due process clause states had legal burden to prove their laws were valid exercise of power
most protections found in the bill of rights are make applicable to states via 14 amend.
rights defined by court to be essential to order, liberty, and justice; therefore, entitled to review and scrutiny
Palko vs. Connecticut (1937)
double jeopardy. supreme court "not bind states by 5th" double jeopardy not fundamental freedom. palko died 1938; overruled in 1969.
free exercise clause
prohibits u.s. gov. from interfering with citizen's right to practice religion (NOT ABSOLUTE)
2)neither adv. or inhitit religion
3)did not foster excessive entanglement w/ gov.
Equal access act
bars public schools from discriminating against groups of students on basis of "religion, political, philosophical"
Agostini v. Felton (1997)
approved program that sent public school teachers into parochial schools to provide edu. to disadv. students
Zelman v. Simmons-Harris (2002)
gov. can give money to parents to send child to private/religious schools.
Gonzales v. Centro Espirita Beneficiente Uniao do Vegetal (2006)
overruled decitions and legalized use of sacremental substances
prevents gov. from prohib. speech or publication before fact; generally held to be violation of 1st amend.
direct incitement test
advocacy of illegal act protected by 1st unless imminent lawless action is intended to occur
New York Times Co v. US (1917)
"Pentagon Papers", gov. could not block publications of secret documents
Press Association v. Stuart (1976)
attempts of Gov. to rprevent expression carried heavy presumption against const.
Federal Flag Protection Act (1989)
Fed. Persecution for anyone who intentially desecrated a national flag
catalyst for pro-life/pro-choice. could not obtain legal abortion and put child up for adoption
NY Times Co. v.Sullivan (1964)
"actual malice" must be proved to support a finding of libel against public figure
Chaplinsky v. New Hampshire (1942)
fighting words= utterance inflicts injury or toen to incite an immediate breach of peace
Communications Decency Act
Prohibits transmission of obscene materials to anyone under the age of 18
clear and present danger doctrine
in the first amendment/ prior restraint. Gov. can hold back information if it puts citizens in danger or state of panic
New York Times vs. Sullivan (1964)
defines libel and slander--material that is written in malice and disregard for truth.
due process rights
is the legal requirement that the state must respect all of the legal rights that are owed to a person.
guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.
protects against abuse of government authority in a legal procedure; self incrimination and right to double jeopardy.
Miranda vs. Arizona
case that states an accused must be notified of their rights before being questioned by the police. created the Miranda rights.
is a warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.
right to counsel: attorney provided by federal courts.
right to public/speedy trial: juries reflect fairness of community, confront witness, be assured reasonable amount of preparation time
prohibiting the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments
right to privacy
not stated but implied due to the 1st, 3rd, 4th amendments
(birth control, homosexuality, abortion, right to die)
outlaws slavery and involuntary servitude, except as punishment for a crime; first of the three Reconstruction Amendments adopted after the American Civil War.
Civil rights cases (1883)
private discrimination; not public. group of five similar cases consolidated into one issue for the United States Supreme Court to review
part of jim crow laws; a de facto or implicit pre-condition of the exercise of the ability to vote. must pay to vote
part of jim crow laws; which allowed any adult male whose father or grandfather had voted in a specific year prior to the abolition of slavery to vote without paying the tax.
was achieved gradually, at state and local levels, during the late 19th century and early 20th century, culminating in 1920 with the passage of the Nineteenth Amendment to the United States Constitution, which provided: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."
women's suffrage. prohibits any United States citizen to be denied the right to vote based on sex.
Brown v. Board of Education (1954)
case that overturned Plessey v. Furgeson by stating that "seperate but equal" treatment is unconstitutional
equal protection clause
"no state shall ... deny to any person within its jurisdiction the equal protection of the laws."
Civil Rights Act of 1964
1) outlawed arbitrary discrimination in voter registration and law suits
2) barred discrimination in public accommodation
3) authorized dept. of justice to initiate lawsuits to desegregate public facilities and schools
4) provide for withdrawing fed. funds from discrim. state/local programs
5) prohib. discrim. in employment on grounds or race/color/religion/nat. origin/ sex
6) Equal oppourtunity fo monitor/enforce bans on employ. discrim. employment
de facto discrimination
unintentional discrimination (attributed to house hold/private acts than law)
Equal Employment Opportunity Commission
ederal law enforcement agency that enforces laws against workplace discrimination
Equal Rights Amendment
wanted to bar discrimination against women by gov. failed to pass due to Roe. v. Wade (states rescinded their votes)
category or class that triggers highest standard of scrutiny from supreme court
heightened standard of review used by Supreme Court to constitute validity of challenged practice
bars educational institutions from receiving funds from discrimination against female students
policies designed to give special attention to members of a previously disadvantaged group
right to bear arms; added to ensure congress could not pass laws to disarm state militia
Bollinger v. Grutter
preference to minority/ affirmative action. yes look for more diversity but other factors were looked at when admitting into grad. program
Bollinger v. Gratz
struck down because students were automatically given points for being a minority (reverse discrimination)
person appointed to represent the federal government of the United States before the Supreme Court of the United States. determines the legal position that the United States will take in the Supreme Court. In addition to supervising and conducting cases in which the government is a party, the office of the Solicitor General also files amicus curiae briefs in cases in which the federal government has a significant interest in the legal issue.
judge going beyond their appropriate powers and engaging in making laws and not merely interpreting it
It prohibits, in peacetime or wartime, the quartering of soldiers in private homes without the owner's consent
blacks could not vote b/c no political power.
only other was was through judicial system