Govt Flashcards
DOUBLE JEOPARDY
Can not be charge for the same thing twice
The innocence project
Group that helps free wrongly convicted felons using DNA evidence
KOREMATSU VS US
Order Japanese Americans into internment camps during World War II. Constitutional arrow nothing to do with race; America was uncertain due to the attacks on Pearl Harbor
Prior restraint
A governments action that prevent speech/ material from being published.
Court against prior restraint
Hi school newspaper prohibited prior restraint because they are used to educate not inform
Establishment clause
Congress should make no law respecting the Establishment of religion
Lemon test
Determines whether laws violate separation of church and state
Law must be non-religious
Cannot promote certain religions
Not use state money to teach religion
Strict scrutiny
Supreme Court will come down hard on anyone who violates fundamental freedoms such as race and religion
Why is burning a draft card unconstitutional
It’s government property
Obscenity law
Obscenity has been very inconsistent and varies
Affirmative action
Blacks and Hispanics receive benefits due to long-term discrimination in the past
Fourth amendment
Protects against unlawful search and seizure
Incorporation doctrine
State cannot change bill of rights however they can have their own gun laws and death penalty laws selective to an eighth amendments 14th amendment states must apply bill of rights to their
Unprotected speech
Libel slander celebrities
Slander spoken
Libel written
Birdies public officials must prove bad intent
First Amendment rights
Religion Assembly Press Petition Speech
Symbolic speech
In order to protect the best of us you have to protect the worst of us
Example KKK example borrow Baptist Church protest military funerals constitutional because it’s their thoughts and feelings
Tinker vs Des Moines
Black armbands protest war in Vietnam constitutional as long as it’s not disruptive to the educational process
Roe vs wade
1st trimester: up to women
2nd: up to state
3rd: only if putting mother at danger
Lawerence vs thx
Thx sodomy law= constitutional because consensual sex between adults cannot be regulated
Title Lx
Prohibits discrimination based on sex
Boy scholarships equal girl scholarships
Every sport there should be a girl sport
Gideon vs Wainwright
6th Amed entitled to an attorney in state cases if you cannot afford one one will be given
Maranda V Arizona
Suspects must be read their rights before getting questioned
Frazier vs cupp
Police Canlite in order to get you to confess
Holy grail
Confession saves time money shorter sentence and no trial
Exclusionary rule
Anything obtained during an unlawful search cannot be used in court of law
Sexual harassment
Unwanted Physical or verbal sexual advancement
Strict liable: Company can be sued no matter what
Quid pro qou: this for that
Taking the 5th
No one can force you to testify against yourself or your spouse
No knock warrant
Can be issued if exigency Circumstances Test is met. Example evidence can be easily disposed of hostage is present exposes emergency danger to all her police officers or an unusual circumstance
Morse vs Fredrick
Bong hits for Jesus
Unconstitutional because it disrupts education
Would have been legal if it was a political statement
Savanna Redding case
In school strip search of 13-year-old girl
