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Politics of the United States
Terms in this set (23)
a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights
Court established a precedent that the US Bill of Rights could not be applied to the State governments unless by selective incorporation
Barron vs. Baltimore
a ruling that extended certain parts of the Bill of Rights (specifically freedom of speech and freedom of press) to the state governments/ selective incorporation
Gitlow vs. New York
Congress shall make no respecting an establishment of religion, or prohibiting the free exercise.
Free Exercise Clause in 1st amendment
-reserves the right of American citizens to accept any religious belief and engage in religious rituals
a limitation placed upon the United States Congress preventing it from passing legislation respecting an establishment of religion
It's unconstitutional for state officials to compose an official prayer and encourage its recitation in public schools
Engle vs. Vitale/ 1st Amendment-religion
declared school-sponsored Bible reading in Public schools in the US to be unconstitutional
Abington School District vs. Schempp/ 1st Amendment-religion
Court ruled that aid could be given to religious schools but only for a secular reason.
Lemon vs. Kurtman/ 1st Amendment-religion
1. The statue must not result in an "excessive government entanglement" with religious affairs.
2. The statue must not advance nor inhibit religious practice.
3. The statue must have a secular legislative purpose.
The court ruled that freedom of speech could only be limited if there is a "clear and present danger". Schenck was accused of violating the Espionage Act, which Schenck said was unconstitutional, but because it was wartime the situation was labeled a matter of national security.
Schenck vs. US/ 1st Amendment-expression
clear and present danger
a doctrine adopted by the Supreme Court to determine under what circumstances limits can be plaved on First Amendment freedoms of speech, press or assembly
Student's freedom of symbolic speech in schools. The court ruled that symbolic speech is protected. Students organized to protest the Vietnam War by wearing black armbands, and because they did this, the school suspended them. The Court said that "students don't shed their constitutional rights at the school house gates".
Tinker vs. Des Moines School District/ 1st Amendment-symbolic speech
a ruling by the Supreme Court that invalidated prohibitions on desecrating the American flag. The Court decided that flag burning was protected by symbolic speech.
Texas vs. Johnson/ 1st Amendment-symbolic speech
A Supreme Court ruling that dealt with freedom of assembly. The village tried to prevent the Nazis from marching by setting unfair regulations and charging fees, but the Supreme Court ruled that the Nazis were allowed the freedom of peaceful assembly.
National Socialist Party of America vs. Village of Skokie/ 1st Amendment-assembly
A Supreme Court ruling that any evidence in violation of the 4th amendment (protects against "unreasonable searches and seizures") may not be used in criminal prosecutions in state and federal courts.
Mapp vs. Ohio/ 4th amendment-search and seizure
A Supreme Court ruling that resulted in the requirement of reading someone being arrested their "Miranda Rights" or the right to remain silent and the right to an attorney.
Miranda vs. Arizona/ 5th amendment-self-incrimination
States are required by the 14th amendment to provide counsel (lawyer) in criminal cases for felonies to defendants who could not afford their own.
Gideon vs. Wainwright/ 6th amendment
This case extended the right to a lawyer under 5th and 6th amendments in federal criminal cases.
A Supreme Court ruling that required a degree if consistency in the application of the death penalty. The Supreme Court found that Georgia was administering the death penalty unconstitutionally because the case constituted "cruel and unusual punishment".
Furman vs. Georgia/ 8th Amendment-cruel and unusual punishment
This case reaffirmed the Supreme Court's acceptance of the use of the death penalty in the US. Reaffirmed the Court's order to comply with the 8th amendment ban on "cruel and unusual punishment".
Gregg vs. Georgia
Nothing written in the Constitution can be used to cancel amendments to it.
The Constitution protected the right to privacy, which is a non-enumerated right in the 9th amendment. A married couple wanted to buy condoms, which the state of Connecticut had banned the sale of. The court ruled that the ban was unconstitutional because people had the right to privacy.
Griswold vs. Connecticut/ 9th Amendment-non-enumerated rights
The Supreme Court ruled that the Due Process Clause and the 9th amendment protected a women's right to have an abortion during the 1st trimester. The right to an abortion was labeled as a right to privacy.
Roe vs. Wade/ 9th Amendment-non-enumerated rights
due process clause
14th Amendment; it states that no person shall be "deprived of life, liberty, or property without due process of law. restricts the federal government.
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