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Terms in this set (27)
Individual rights and freedoms that government is obliged to protect, normally by not interfering in the exercise of these rights and freedoms
Procedural safeguards that government officials are obliged to follow prior to restricting rights of life, liberty, and property
Government intervention to prevent the publication of material it finds objectionable
The idea, endorsed by the Supreme Court, that protections of First Amendment rights predominates over other rights
Clause in the First Amendment that says the government may not establish an official religion.
Free Exercise Clause
A first amendment provision that prohibits government from interfering with the practice of religion
1971- Lemon VS. Kurtzman; The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
1966- Miranda VS. Arizona; making sure that suspected criminals are brought before a magistrate and informed of their right to remain silent, right to an attorney
-Exception if a warrant is present
Dred Scott VS. Sandford
1857- Supreme Court decision that stated that slaves were not citizens; that living in a free state or territory, even for many years, did not free slaves; and declared the Missouri Compromise unconstitutional
Brown VS. Board of Education
1954- Supreme Court decision that declared state laws segregating schools to be unconstitutional. Overturned Plessy VS. Ferguson (1896)
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law
Plessy VS. Ferguson
1896- Supreme Court ruled that segregation was not discriminatory (did not violate black civil rights under the Fourteenth Amendemnt) provide that blacks received accommodations equal to those of whites.
1979- The University of California VS. Alan Bakke, it was an issue that he had not be admitted into U.C. because the only preferred the minority races, it threatened the progress made by the Civil Rights Movement.
1953- Sherbet VS. Verner; When the government balances your rights to have a certain freedom , and how it affects the whole society.
the Supreme Court's most recent approach to deciding free exercise of religion cases, this test declares that a government law or action with a neutral intent and application is constitutional, even if it burdens religion and there is no compelling interest at stake
Process by which the Supreme Court has selectively applied the Fourteenth Amendment to state law.
Evidence gathered illegally can't be used in trial and convictions can't be based on this evidence
-Exception of Good Faith Clause
Formal orders issued by the president that has the force of law
the application through the 14th amendment of the civil liberties protections in the bill of rights to state govt.
Laws that segregated African Americans from other Americans.
Separate but Equal Doctrine
the doctrine established by Plessy v Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities
1964- 24th Amendment required citizens of a state to pay a special tax in order to vote.
De Jure Segregation
segregation that is imposed by law, policy, or government procedures
De Facto Segregation
racial segregation that occurs in schools, not as a result of the law, but as a result of patterns of residential settlement
an active policy to hire and promote more minorities and women
refusal to obey unjust laws
Drawing district boundaries to give a minority group a majority
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