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Judiciary, Civil Liberties/Rights

Terms in this set (71)

Ninth Amendment
Rights that are not enumerated in the constitution are retained by the people (states)
Tenth Amendment
Federal government cannot and will not step outside its constitutional boundaries
Selective Incorporation
Doctrine that ensures that states cannot infringe upon certain rights in Constitution and Bill of Rights
Establishment Clause
There is a boundary between church and state (the first pronouncement in the First Amendment)
-Engle v. Vitale: student recitation of prayer unconstitutional
-Lemon v. Kurtzman: established...
-Lemon Test:
- 1. does the law have secular purpose?
-2. does it advance or inhibit religion?
-3. does it entangle the government with religion?
-Equal Access Act: schools can't discriminate against students based on religion
Free Exercise Clause
Government can't interfere w/ religious exercise; however, if religious practices are illegal in the US, they can be prohibited...
-Reynolds v. US: Banned Polygamy
-Employment v. Smith: Can't use religion as an excuse to break the law... created Smith Test (to see if law is secular or religious based)
Prior Restraint
The interference of the government with speech/publication before it is spoken or published. this is ILLEGAL!!!!!!!!!!
-New York Times v. United States: The government couldn't halt the publication of the Pentagon Papers because that was Prior Restraint
"Clear and Present Danger" test
established in US v. Schenck; if the speech presents a clear and present danger, then it is unconstitutional
-US v. Schenck: upheld the Espionage act, created the said test
"Direct Incitement" test
Created by Brandenburg v. Ohio; if speech directly incites "immediate lawless action" then it is unprotected
Symbolic Speech
Symbols, signs, etc --> generally also considered to be protected under First Amendment
- Texas v. Johnson & US v Eichmann: upheld the right to flag burning
-Stromberg v. California: overturned ruling of camp counselor hoisting communist flag
-Tinker v. Des Moines: Students allowed to wear vietnam arm bands
Hate Speech
Speech or action likely to arouse "anger" "alarm" "resentment" based on race, color, creed, etc
-RAV v. St. Paul: did not ban hate speech on the basis of the first amendment
-2003: Cross burning banned when there is intent of racial intimidation
Fighting Words
words that inflict injury or incite an immediate breach of peace
-Chaplinsky v. New Hampshire: fighting words can be regulated by government (this was reversed)
Commercial Speech
advertising/ speech made on behalf of a company/individual with the intent of profit
Obscenity/Pornography
-pre-1957: based off of common law test: if the material could corrupt the mind, it was obscene
-Roth v. US: In order to be obscene, the material has to be without "redeeming social value" (contemporary community standards applied)
-Miller v CA: Lower courts must ask whether the material taken as a whole lacks serious literary, political, artistic, scientific value
Libel/Slander
Libel: Written Defamation
Slander: Spoken Defamation
-NYT Co. v. Sullivan: has to prove "actual malice" in a case of slander/libel
Assembly & Petition
-DeJonge v. Oregon: Oregon tried to stop communist meeting; ruling: "peaceful assembly for lawful discussion cannot be made a crime"
-TIME, PLACE, AND MANNER RESTRICTIONS: local governments have the right to restrict assembly based on time, place, and manner. But these restrictions must be EVENLY APPLIED
Fourth Amendment
"be secure in their persons, houses, papers, and effects"
-1989: "reasonable suspicion to stop, probable cause to search"
-consent or warrant needed to search
Fifth Amendment
Protects against self-incrimination
-"murder confessions cannot be obtained after beatings"
-Miranda v. Arizona: police coerced confession after long questioning; created miranda rights
-Miranda Rights: the reading of your fifth amendment rights at the time of arrest
Sixth Amendment
The right to an attorney, speedy + public trial
-Gideon v. Wainright: attorney is right, not privilege
Exclusionary Rule
Illegally seized evidence cannot be used in trial
Eighth Amendment
No cruel + unusual punishment
-Furman v. Georgia: No capital punishment
-McClensky v. Kemp: Capital punishment reinstated
Right to Privacy
right to be left alone (birth control & abortion)
-Griswold v. Connecticut: illegal to ban birth control
-Roe v. Wade: Abortion legal, fundamental right at first trimester, varying levels of state restrictions allowed in 2nd and 3rd semester
Thirteenth Amendment
Banned all slavery
Black Codes
Southern response to 13th; laws that restricted most legal rights of African Americans (newly freed slaves)
Fourteenth Amendment
due process & equal protection of all citizens
Fifteenth Amendment
Suffrage to all MEN of any race, color, creed, or previous servitude
Jim Crow Laws
racial segregation laws put into effect; separate/equal idea
Civil rights cases (1883)
five cases brought under the civil rights act (1875); USSC decided that discrimination in a variety of public accommodations (hotels, theaters, railroads) couldn't be prohibited b/c it was private, not state, discrimination
Grandfather Clause, Literacy Tests, Poll Taxes
ways of restricting minority (spec. AA) vote
Plessy v. Ferguson
separate but equal does not violate equal protection clause of 14th amendment
Nineteenth Amendment
women's right to vote
Brown v. Board of Education
school segregation is inherently unconstitutional b/c violates 14th amendment guarantee of equal protection; marked end of legal segregation
Equal Protection Clause
Section of 14th amendment that guarantees all citizens "equal protection under the laws"
Due Process Clause
Clause contained in the 5th 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,
Brown v Board II
required "all deliberate speed" in the dismantling of racially segregated systems
Civil Rights Act of 1964
Passed by congress to outlaw segregation in public facilities and racial discrimination in employment, education, and voting. Created EEOC.
De Jure discrimination
racial segregation that is a direct result of law or official policy
De Facto discrimination
Racial discrimination that results from practice (housing patterns, other social factors) rather than law
Equal Employment Opportunity Commission (EEOC)
Set up by Civil Rights Act of 1964 to ensure no employment discrimination based on race
Hoyt v. Florida
A woman was convicted of her husbands murder (2nd degree). Appealed b/c jury was all men. USSC ruled that it was not unconstitutional to exempt women from jury duty, and therefore the trial continued with the all-male jury.
Suspect classification
category or class, such as race, that triggers the highest standard of scrutiny from the USSC
"Strict Scrutiny" Test
A heightened standard of review used by the USSC to determine the constitutional validity of a challenged practice
Title IX
Provision of the Educational Amendments of 1972 that bars educational institutions receiving federal funds from discriminating against female students. [School boards responsible for sexual harassment of students by teachers]
U.C. Regents v. Bakke
White student tried to get into medical school, and found out that, though rejected, his qualifications were above minorities. Plead reverse discrimination. USSC ruled that race could be used as a criteria, but there could be no merit or quota system in effect. Therefore, Bakke's rejection was illegal.
Affirmative Action
Policies designed to give special attention or compensatory treatment members of a previously disadvantaged group
Grutter v. Bollinger & Gratz v. Bollinger
Grutter v. Bollinger upheld the University of Michigan Law School's affirmative action program
Gratz v. Bollinger struck down the university's undergraduate points system (minorities get 20 points for being minorities automatically)
Marbury v. Madison
ESTABLISHED JUDICIAL REVIEW!!!! Legislative and Executive actions are subject to review by Judicial Branch. (MIDNIGHT APPOINTMENTS)
Trial Courts
courts of original jurisdiction where cases begin
Appellate Courts
Courts that generally review only findings of law made by lower courts
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in trial. Courts determine the facts of a case under their original jurisdiction
Appellate Jurisdiction
The Power vested in an appellate court to review and/or revise the decision of a lower court
Criminal Law
Codes of behavior related to the protection of property and individual safety
Civil Law
Codes of behavior related to business and contractual relationships between groups and individuals
Constitutional Courts
Federal Courts specifically created by US Constitution or by Congress pursuant to its authority in Article III (federal district courts, courts of appeal, supreme court). Presiding judges nominated by the president (lifelong terms).
Legislative Courts
Courts established by congress for specialized purposes, such as the Court of Military Appeals.
District Courts
Federal trial courts of original jurisdiction.
Courts of Appeal
The intermediate appellate courts in the federal system; established to hear appeals from federal district courts.
Stare decisis
A reliance on past decisions or proceedings to formulate decisions in new cases.
Senatorial Courtesy
President defer choice of district court judges to local Senators of their own party.
Nomination Criteria
Competence: judicial or governmental experience?
Ideology or Policy Preferences: Shares the ideological preferences of the president/party in power
Rewards: Personal friends of the president?
Pursuit of Political Support: trying to gain political favor by nominating specific people
Religion: Diversity (Jews and Catholics) in a dominant-protestant court
Race, Ethnicity, and Gender: Critical issue
Supreme Court Confirmation Process
-Investigation into background of the narrow list of nominees. Names sent to FBI, American Bar Association (ABA). FBI background checks, ABA rates each nominee. After a formal nomination is made, Senate Judiciary Committee begins its own investigation: each nominee given lengthy questionnaire detailing previous work, judicial opinions written, judicial philosophy, speeches, all interviews given to press. Witness also contacted to offer testimony concerning nominees' fitness for office
-Interest Groups lobby for or (most likely) lobby against prospective nominees.
-Senate Committee hearings. Usually private, but occasionally public (Brandeis). Since 1980s, common for senators to ask probing questions. Nominees usually decline to answer (might come in front of the court).
-Senate Vote: After hearings, Senate Judiciary Committee makes a recommendation to the full Senate. After this recommendation is when rejections of presidential nominees usually occur.
How the Supreme Court Chooses to Hear a Case
*The Rule of Four: At Least 4 Justices of the Supreme Court must vote to consider a case before it can be heard
*All cases must involve a federal question
*CLERKS help the justices decide which cases to pursue and petition in meetings with other justices by doing the preliminary research and summarization for the justices.
*If the federal government is the party asking for review, if the case involves conflict among the circuit courts, if the case presents a civil rights or civil liberties question, if the car involves ideological and/or policy preferences of the justices, or if the case has significant social or political interest, then it is very likely that the case will make it onto the Discuss List (talked about by the justices in the meetings)
Amicus Curiae Briefs
Briefs written by "friends of the court" that present additional information to the court not contained within the formal briefs given to the court. Try to influence court's decision
Judicial Restraint
A Judicial Philosophy in which Judiciaries make minimal policy decisions, leaving this to the legislature.
Judicial Activism
A Judicial Philosophy in which Judiciaries make bold policy decisions, sometimes even charting new constitutional ground.
Baker v. Carr
Federal courts can intervene in redistricting cases
Gitlow v. New York
Freedom of speech is a fundamental right; states should not overly restrict
Weeks v. US
established Exclusionary Rule
Mapp v. Ohio
Evidence obtained from an illegal search cannot be used in court
Gideon v. Wainright
Right to an attorney... not a privilege
Engel v. Vitale
official school prayer in public school violates First Amendment Rights
US v. Windsor
Struck down part of DOMA because it violated the due process clause of the 5th amendment.
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