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Judiciary

Terms in this set (58)

civil liberty
fundamental individual right protected by law and expressed as immunity from unwarranted governmental interference
civil right
right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of Congress including the right to legal and social and economic equaliy
Lemon v. Kurtzman (1971)
Created a Lemon Test. FREEDOM
Lemon Test
Laws which aid religion must 1) have a "secular purpose", 2) neither advance nor inhibit religion, 3) avoid "excessive government entanglement with religion."
Zelman v. Simmons-Harris (2002)
Public money can be used to send disadvantaged children to religious schools in tuition voucher programs. FREEDOM
Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism. FREEDOM
Sherbert v. Verner (1963)
dealt with the Sherbert Test (when a law violates the free exercise clause) it took formal form in this case, it focused on whether workers could apply for unemployment benefits if they gave up work because it fell Sabbath. **Strict Scrutiny Rule
Employment Division v. Smith (1990)
The Court ruled that Oregon could deny unemployment benefits to workers fired for using dugs (peyote) as part of a religious ceremony ORDER
Religious Freedom Restoration Act (1993)
Right to free religious practice is protected unless the government can show a compelling interest for the regulation of such practice.
Schenk v. US (1919)
Can you shout "fire" in a crowded movie theatre? Declares speech will NOT be protected if it creates a "clear and present danger." ORDER
Gitlow v. New York (1925)
established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment. FREEDOM+ORDER
Brandenburg v. Ohio (1969)
KKK Leader - states not allowed to prevent or punish inflammatory speech unless it will lead to imminent lawless action - Clear and Present Danger - FREEDOM
Tinker v. Des Moines (1969)
Guaranteed a student's right to protest (wearing armbands). free speech. - FREEDOM
Morse v. Frederick (2007)
Upholds the authority of public school administrators to suspend students for promoting illegal drugs at a school event ("Bong Hits for Jesus") ORDER
Reno v. ACLU
a law that bans sending "indecent" material to minors over the Internet is unconstitutional because "indecent" is too vague and broad a term - strict scrutiny - FREEDOM
Miller v. California (1973)
ruling that determined the obscenity clause to related to works that lack literary, artisitic, political or scientific value. "prurient interest" - ORDER
Ashcroft v. ACLU (2004)
Congress passed (COPA) to prevent minors from accessing pornography online. The (ACLU) sued in court to prevent enforcement, said it violated the Free Speech clause of the First Amendment. - strict scrutiny - FREEDOM
ACLU v. Gonzalez (2007)
something about porn. strict scrutiny - FREEDOM
New York Times v. Sullivan (1964)
the supreme court concluded that "actual malice" must be proved to support a finding of libel against a public figure - FREEDOM
Near v. Minnesota (1931)
Politicians connected to mob in Minnesota. Supreme Court decision holding that the First Amendment protects newspapers from prior restraint. FREEDOM
New York Times v. US (1971)
"pentagon papers" executive efforts to prevent publication forbidden (Ellsburg & Vietnam). "immediate, inevitable, irreparable harm" - FREEDOM
D.C. v. Heller (2008)
Court ruled that a DC law banning hand guns was unconstitutional. FREEDOM - second amendment
McDonald v. Chicago (2010)
Right to bear arms is 'fundamental right' incorporated to the States b/c Due Process clause of 14th. prohibited from carrying a handgun by restrictive Chicago gun registration laws.) FREEDOM -
Gideon v. Wainwright (1963)
If a defendant cannot afford an attorney the state must provide one. 6th amendment! - FREEDOM
Miranda v. Arizona (1966)
all defendants must be informed of legal rights before they are arrested - FREEDOM
Wolf v. Colorado (1949)
Incorporation of unreasonable search and seizure to states (14th Amend) - did not incorporate the exclusionary rule to the states- FREEDOM
Mapp v. Ohio
illegally obtained evidence against Mapp - defined the exclusionary rule as a fundamental right and did incorporate it to the states
United States v. Leon
illegally obtained evidence may be used in a trial if it was gathered in good faith without violating the principles of the Mapp decision
USA Patriot Act
congressional legislation that authorized the establishment of military commissions, restriction of petitions for habeas corpus from enemy combatants and authorization of continued enhanced interrogation techniques by the CIA - ORDER
Rasul v. Bush (2004)
Federal courts have jurisdiction over Guantanamo cases - FREEDOM
Hamdi v. Rumsfeld (2004)
U.S. citizens who engage in combat as enemy combatants have a Fifth Amendment right to a "meaningful opportunity" to contest their detention - FREEDOM
Hamdan v. Rumsfeld (2006)
the President did not have the unilateral authority to establish military commissions - FREEDOM
Boumediene v. Bush (2008)
justices invalidated Military Commission Act - enemy combatants have the right to challenge their Guantanamo detentions in the federal courts - FREEDOM
Griswold v. Connecticut (1965)
case that created a zone of personal autonomy privacy as a fundamental right, incorporated to the states - 9th Amendment - FREEDOM
Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Penumbra
descriptor for ambiguities surrounding amendments of the Bill of Rights that suggest additional rights.
Roe v. Wade (1973)
case that determined the right to an abortion in the first trimester is a fundamental right and thus cannot be limited by the states (9th amendment)
Planned Parenthood v. Casey (1992)
case that upheld the fundamental provision of Roe, though restricted access to abortion by ruling the state cannot place "undue burden" on a women's right to choose abortion prior to viability.
Lawrence v. Texas (2003)
case that held homosexual sexual relationships were protected by the right to privacy and thus, the state lacked a legitimate reason to restrict sodomy - 9th??? - FREEDOM
13th Amendment
This amendment freed all slaves without compensation to the slaveowners. It legally forbade slavery in the United States.
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
15th Amendment
citizens cannot be denied the right to vote because of race, color , or precious condition of servitude
Plessy v. Ferguson (1896)
Separate but equal facilities based upon race is constitutional
Brown v. Board of Education (1954)
decision holding that school segregation was inherently unconstitutional because it violated the Fourteenth Amendment's guarantee of equal protection.
Civil Rights Act 1964
-created EEOC
-no discrimination in public accommodations
-institutions with federal funding cannot discriminate
-EQUALITY
Equal Pay Act 1963
-requires equal pay for men and women doing similar jobs
-EQUALITY
U.S. V. Virginia
-makes it harder for distinctions to be made based on sex
-EQUALITY
Title IV
-equality in publicly funded institutions for gender
-EQUALITY
Gratz v. Bollinger
Affirmative Action programs that afford points to minority applicants are unconstitutional because they fail to provide for individual consideration of each candidate
Grutter v. Bollinger
upheld an affirmative action program that used race as a factor because the school had "compelling interest" in achieving diversity in its student body - CONSTITUTIONAL
U.C. v. Bakke
court case that overturned a quota affirmative action program
Strict Scrutiny
-Race, National origin or fundamental right
-narrowly tailored to achieve compelling government interest
Intermediate Scrutiny
-sex
-substantially related to achieving an important government interest
Rational Basis
-disability, immigrant status, poor, live in property poor district, methadone user
-rationally related to a legitimate governmental interest
Webster v. Reproductive Health Services
case that upheld a state law prohibiting use of public funds or employees for abortion, and mandates doctors perform tests of viability at 20 weeks
Good Faith Exception
illegally obtained evidence may be used at trial if the police thought their search was legal.
Palko v. Connecticut
-upheld the idea of funamental rights, but refused to define double jeopardy as such
-case that incorporated the fifth amendment provisions against self-incrimination to the states
Military Commissions Act
greatly expanded the ability of law enforcement and intelligence agencies to tap phones, monitor internet traffic, and conduct other forms of surveillance.
THIS SET IS OFTEN IN FOLDERS WITH...