unit 3 Flashcards
learn BItch
The Lemon Test
Three-pronged rule used by courts to determine whether the establishment clause is violated
Process of Selective Incorporation
The Supreme Court of the United States ensures that the rights guaranteed in the Constitution are not violated by the states
Prior Restraint
In First Amendment law, prior restraint is government action that prohibits speech or other expression before the speech happens. The 1st Amendment prohibits this.
Amendments 1-10 (generalized)
1st: Freedom of religion, speech, assembly, and petition
2nd: Bear Arms
3rd: Quartering a Soldier
4th: Search and Seizure
5th: Due Process, self incrimination, double jeopardy
6th: Right to a speedy trial by jury FAIR TRIAL
7th: rights in civil trials
8th: excessive fines, cruel and unusual punishments
9th: rights retained by the people
10th: states rights apposed to governemnt
Rights of the Accused
Right to a jury trial, protection against self-incrimination, and double jeopardy. 5-6 amendment
Due Process
Due process means that a citizen must be given advance notice of what the government will do and how the government’s action may deprive them of life, liberty, or property (kinda like Miranda rights)
Exclusionary Rule
Prevents government from using evidence obtained illegally (Mapp v. Ohio)
Plessy v. Ferguson
The government ruled that separate, but equal segregation in southern states did not violate the 14th amendment
Civil Rights Act 1964
Prohibits discrimination against race, religion, and sex
Voting Rights Act, 1965
Removed race based restrictions on voting
Title IX of the Education Amendments Act of 1972
Prohibits discrimination on the basis of sex in education
Affirmative Action
Policies designed to give special attention or compensatory treatment of members of some previously disadvantaged group.
Letter from Birmingham Jail
King states the ideas of nonviolent direct action, exposes readers to the conditions endured by Black Americans, and defends his belief in the supremacy of moral law over an unjust legal code (CIVIL DISOBEDIENCE)
Brown v. Board of Education
Segregation in schools is in violation of the Equal Protection Clause of the 14th Amendment and it banned segregation
Engel v. Vitale
The court ruled that school prayers were unconstitutional and violated the Establishment Clause and separation of Church and State