Unit 3 Flashcards
Establishment Clause
found in 1st amendment; prevents congress from passing legislation forcing establishment of religion
Prevents congress preference of one religion over another
Sets up wall between church and state
Free Exercise Clause
found in 1st amendment; a person is allowed to practice the religion of their choice
- law violations can be excused for religious reasons
Clear and Present Danger Doctrine
the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.
Freedom of the Press
individuals have the right to publish opinions, thoughts, and information without censorship
Prior Restraint
judiciary/executive branch censoring because it is libel (lies/conjecture) or harmful for the good of the people.
Right to Bear Arms
from 2nd Amendment
arms are allowed to be kept by citizens
DC v. Heller
The ban on registering handguns and the requirement to keep guns in the home disassembled or nonfunctional with a trigger lock mechanism violate the Second Amendment.
DC v. Heller
The ban on registering handguns and the requirement to keep guns in the home disassembled or nonfunctional with a trigger lock mechanism violate the Second Amendment.
Selective Incorporation
process by which the Bill of Rights is applied to the states on case by case basis
- ensures states cannot enact laws that take away the constitutional rights of American citizens
- ability of fed gov to limit state-making powers
Due Process
from the 14th Amendment
No state shall “deprive any person of life, liberty, or property, without due process of law.” The Supreme Court has later accounted for “selective incorporation” of amendments into the states, meaning that neither the states nor the federal government may take individual rights protected by the Constitution.
Search & Seizure
a law enforcement agent’s examination of a person’s home, vehicle, or business to find evidence that a crime has been committed (4th Amendment = against search & seizure unless there is warrant)
Rights of a person accused of a crime
- right to legal counsel, speedy & public trial
- protection agaisnt warrantless/or unreasonable searches
- Limitations placed on bulk collection of metadata (patriot and usa freedom acts)
Exclusionary Rule
prohibits evidence illegaly obtained by law enforcement
Miranda Rights
after being arrested, law enforcement is required to let you know your rights: right to remain silent & right to an attorney…anything individual says can be used against them in court
Civil Rights Movement
A movement in the 1960s that advocated against racial segregation and racial discrimination specifically
Civil Liberties
freedoms that protect us from the government, designed to fight tyranny and is rooted in the 14th Amendment
Civil Rights Act of 1964
outlawed discrimination (based on race, sex, color, national origin) in public accommodation and employment
Equal Protection Clause
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Privacy Rights
3rd, 4th, 6th, 14th
people deserve the right to privacy
Roe v. Wade - a woman’s right to an abortion falls under the right to privacy
Griswold v. Connecticut - allows couples to buy contraceptives under the right to privacy
Plessy v. Ferguson
legalized racial segregation
separate but equal
the idea of separate facilities for black and white people was considered okay as long as they were equal
jim crow laws
legalized segregation & discrimination laws
Patriot Act
government to spy on ordinary Americans by expanding the authority to monitor phone and email communications, collect bank and credit reporting records, and track the activity of innocent Americans on the Internet.
USA Freedom Act
reforms to survaillence programs and bulk collection of data
Letter from a Birmingham Jail
demands fulfillment of 14th Amendment Equal Protection Clause
Affirmative Action
requires certain amount/quota of minorities to increase representation and decrease discrimination
color blind constitution
ny law that is “color-conscious” is presumptively unconstitutional regardless of whether its intent is to subordinate a group, or remedy racial discrimination.
4th Amendment
protects people from unreasonable searches and seizures by the government
8th Amendment
no cruel and unsual punishments
Schenck v. United States
clear & present danger that can be incited from freedom of speech means no freedom of speech
wartime gov can harm constitutional rights for the good of the people
McDonald v. Chicago
Applied the Heller decision and its commitment to individual liberty for gun ownership to the states
New York Times
freedom of press»_space;> prior restraint
Tinker v. Des Moines
symbolic speech is protected
- allowed students to wear protesting armbands
Wisconsin v. Yoder
freedom of religion outweighs laws/ violations
- amish could unenroll kids from school
engel v. vitale
schools are not allowed to initiate relgious activities, only students
- this would violate establishment clause
