Respect Stare Decisis; Cant make decisions bases on political opinions; A reliance on past decisions or precedents to formulate decisions in new cases.
Go to district court and ask for good judges to appoint. It respects the people from the state.
Freedoms and protection of the government. Amendment 1-10.
Want the government to protect us from the state or unequal treatment.
The government will not establish a religion; No official religion.
An interpretation of the Constitution that holds that the due process clause of the 14th Amendment requires that state and local government also guarantee those rights.
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
Authority vested in a particular court to hear and decide the issues in any particular case.
Judiciary Act of 1789
Established the basic three-tiered structure of the federal court system.
3 courts: 1. District Courts (94) 2. Circuit Courts (13) 3. Supreme Court (1)
Power of the courts to review acts of other branches of government and the states.
Free Exercise Clause
Prohibits the United States government from interfering with a citizens right to practice his or her religion.
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; Stopping something from being written or said before it happens.
Civil Rights Act of 1964
Legislation passed by congress to outlaw segregation in public facilities and racial discrimination in employment, education, and voting; Created the Equal Employment Opportunity Commission.
De Jure Discrimination
Racial segregation that is a direct result of law of official policy.
De Facto Discrimination
Racial discrimination that results from practice (such as housing patterns/ other social/ institutional, non-governmental factors) rather than the law.
Prohibits the police from using illegally seized evidence at a trial.
Argues that courts should allow the decisions of other branches of government to stand, even when they offend a judges own sense of principles.
Argues that judges should use their power broadly to further justice, especially in the areas of equality and personal liberty.
Writ of Certiorari
A request for the court to order up the records from a lower court to review the case.
One of the three Civil War Amendments; Guarantees equal protection and due process of the laws to all U.S. citizens.
Plessy v. Ferguson (1896)
Established the separate but equal doctrine.
Voting Rights Act 1965
15th Amendment; Allowed African Americans voting rights.
Barron v. Baltimore
(1833) State violated the 5th Amendment (restrictions on the Federal government); Supreme court said that the 5th Amendment cannot be used because this was a state issue and the Bill of Rights only implies to the Federal government
Gitlow v. New York
(1925) Anarchist calling for overthrow of government. Established precedent of federalizing Bill of Rights (applying them to States); States cannot deny freedom of speech- protected through due process clause of 14th Amendment.
Palko v. Connecticut
(1937) Provided test for determining which parts of Bill of Rights should be federalized- those which are implicitly or explicitly necessary for liberty to exist.
(1972 Education Act) Make education more equal; have to have fair and equal treatment between men and women activities in schools; opportunity cost. Expanded opportunity for women in schools.
Policies designed to give special attention or treatment to members of a previously disadvantaged group.
Japanese American who sued the U.S. government that his civil rights had been violated; recognized not because of race, but because we were in war with Japan = Violation of Constitution
Guaranteed women the right to vote.
Part of Bill of Rights that states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." -No excessive bail; Bail must fit the crime.
Due Process Clause
Clause contained in the 15th and 14th Amendments. Over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action.
End to affirmative action only in California; Could not use race, gender, etc in any preferential treatment;
Bans discrimination in all public accommodations.
Employment: 1. No race or gender discrimination; 2. Employers may voluntarily use affirmative action; 3. Allows class action lawsuits in federal court; 4. EEOC enforce title VII.
Laws denying most legal rights to newly freed slaves; passed by southern states following the Civil War; Cannot deny someone due process or equal protection.
states that no state needs to treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state and the federal government may not treat same-sex relationships as marriages for any purpose, even if concluded or recognized by one of the states; only applies to 3 circuit courts.