Civil Liberties Flashcards

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0
Q

2nd

A

Right to keep and bear arms

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1
Q

1st

A

Freedom of religion speech press protest
Expression
Fundamental

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2
Q

3rd

A

No quartering of soldiers

Privacy

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3
Q

4th

A

Search and seizure

Fundamental

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4
Q

5th

A

Due process, self incrimination, double jeopardy, eminent domain
Rights of the accused

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5
Q

6th

A

Due process

Fair and speedy trial , jury, lawyer, clear accusation, confront accuser, public trial

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6
Q

7th

A

Trial by jury in civil cases

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7
Q

8th

A

No excessive bail, no cruel and unusual punishment

Rights of the convicted

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8
Q

9th

A

Congress can create rights

Privacy

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9
Q

10th

A

Powers not in the United States constitution are left up to the states

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10
Q

14th

A

Citizenship clause
Privileges and immunities
Due process
Equal protection

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11
Q

Barron v Baltimore

A

1833

State constitution didn’t protect eminent domain, state didn’t have to pay for damaging wharf

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12
Q

Palko v Connecticut

A

1937

Murderer tried twice, violated double jeopardy, found not a fundamental right, selective incorporation

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13
Q

Gideon v wainwright

A

1963

Incorporates part of the 6th amendment, right to council is fundamental

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14
Q

Gitlow v New York

A

1925
Tested due process clause, suggests state is denying him right of free speech, loses, but court says that every American has the right to free speech

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15
Q

Mapp v ohio

A

1961

State policy conducted search without a warrant, 4th amendment is found a fundamental right and is incorporated

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16
Q

Slaughterhouse cases

A

1873

State gov gave monopoly to a business, ok because they weren’t black

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17
Q

Lukumi Babalu aye v city of Hialeah

A

1993

Animals may be sacrificed as a religious ritual

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18
Q

Roe v wade

A

1973

Abortions legal in first 3 months

19
Q

Near v Minnesota

A

1931

Freedom of press is a fundamental right, cannot censor or use prior restraint

20
Q

Pierce v society of sisters

A

1925

Students may choose private schools instead of public

21
Q

Oregon v smith

A

1990

A state can deny unemployment for use of drugs for a religious ritual

22
Q

Tinker v Des Moines

A

1969

No prior restraint, can’t limit a students rights if it doesn’t distract from the learning environment

23
Q

US v O’Brien

A

1968

Burning draft cards is not protected speech because cards are government property

24
Q

New York Times v US

A

1971

Freedom of the press means more than national security and executive privilege

25
Q

Everson v board of education

A

1947
Public schools busing kids to private schools, didn’t violate establishment clause, public buses are required to transport all

26
Q

Planned parenthood v Casey

A

1992

No spousal notification

27
Q

Wisconsin v yoder

A

1972

Amish parents don’t have to keep kids in school after 8th grade

28
Q

Texas v Johnson

A

1989

Flag burning is protected speech

29
Q

Virginia v black

A

2003

Cross-burning is protected as long as it’s not targeting an individual

30
Q

Reynolds v United States

A

1878

Polygamy is not protected by the free exercise clause

31
Q

Lemon v Kurtzman

A

1971 Developed lemon test

  1. Law must have secular purpose
  2. Must not have primary effect of inhibiting or advancing religion
  3. No “excessive entanglement” with religion (money)
32
Q

Stone v graham

A

1980
Kentucky public schools were posting 10 commandments, violates the establishment clause, leads to formation of the Christian coalition

33
Q

Lee v Weisman

A

1992

Prayers at graduation violated the establishment clause

34
Q

Hazelwood school district v Kuhlmeier

A

1987

Principals can censor school newspaper

35
Q

Miranda v Arizona

A

1966

Those arrested must be made aware of their rights

36
Q

Escobedo v Illinois

A

1964

Gave right to an attorney during police questioning

37
Q

Minersville school district v gobitis

A

1940

Schools could force students to say pledge of allegiance

38
Q

Jacobellis v Ohio

A

Obscenity

“I know it when I see it”

39
Q

Miller v California

A

Obscenity test

  1. Average person applying present day standards appears to prurient interest
  2. Work violates state law
  3. Work lacks artistic, political or scientific value
40
Q

Morse v Frederick

A

2007

Cannot home around about illicit drugs in schools

41
Q

Griswold v Connecticut

A

1965

Constitution protects privacy in marital bedroom

42
Q

Engel v Vitale

A

1962

Mandated prayer violated establishment clause in schools

43
Q

Wallace v Jaffree

A

1985

Moment of silence violated establishment clause

44
Q

Santa Fe independent school district v doe

A

2000

No school led prayer at football game at private school