Unit 3 Flashcards
Civil rights
Govt guarantees of political equality
Civil liberties
Protect individuals from govt interference
Establishment clause
Prevents the government from establishing a state religion; cannot favor or disregard any religion
Free exercise clause
Prevents the govt from stopping religious practices as long as it does not oppose other people’s beliefs
Wall of separation
Describes how there should be a separation between church and state; coined by Jefferson
Engel v vitale
Establishment clause case that ruled mandatory prayer violated the first amendment (establishment clause)
What has to happen for the government to infringe on free speech
A compelling govt interest
Schenck v US
Created the clear and present danger test since he interfered with congress’s ability to assemble an army
Smith Act
Outlaws advocating for the overthrow of the US government
Time place and manner restrictions
Allows the government to limit free speech under certain criteria
Time place and manner restrictions
Allows the government to limit free speech under certain criteria
Comstock Act
Banned obscene material through the mail
Libel
Knowingly Printing false information to cause damage
Gun control act of 1968
Passed in response to JFK and MLK; makes it illegal to directly order a shotgun in the mail
Brady Bill
Passed in response to Reagan assassination attempt;
proceedural due process
the method by which the law is enforced
McDonald v Chicago
incorporates the 2nd amendments to the states
Mapp v Ohio
incorporated the 4th amendments to the state
Weeks vs US
evidence obtained illegally cannot be used against someone
New Jersey vs TLO
established that school admin only needs reasonable suspicion to search a student
5th amendment
includes the right against self-incrimination (remain silent)
Miranda v Arizona
established Miranda Rights
6th Amendment
established the right to counsel
Gideon v Wainwright
Established that people have a right to counsel in felony cases
right to counsel
right to a fair trial
substantive due process
if a law denies someone their rights, a court can declare that law unconstitutional
Griswold v Connecticut
inherent right to privacy in the constitution
Roe v Wade
extended the right to privacy to allow a woman to have an abortion
Planned Parenthood v Casey
states cannot require father consent for abortion but can require parental consent for teens
Hyde amendment
federal funds cannot be used for abortion
Guantanamo Bay
naval base where Bush held terrorist suspects
Civil Rights Cases of 1883
Disallowed discrimination by federal and state government, but allowed it from people
NAACP
interest group that formed a group of lawyers that fight for Black americans’ rights
Brown v Board
declared that seperate but equal was not constitutional and violated the equal protection clause
Civil Rights Act of 1964
Banned discrimination in public places
Heart of Atlanta Motel vs US
Upheld that businesses could not discriminate
24th Amendment
eliminated the poll tax
Voting Rights Act of 1965
ended literacy tests and requires preclearence for a state to change its voting registration process
strict scrutiny
highest standard of judicial review
Shelby County v Holder
Court strikes down preclearence
Equal Pay Act
employers must pay men and women the same for the same job
Defense of Marriage Act
would define marriage as between a man and woman
Affirmative Action
program created by Kennedy to help address racial inequality
University of California v Bakke
rules that making hard quotas for minorities illegal
what is the highest level of judicial review
strict scrutiny
what is the level of judicial review for sex discrimination cases
intermediate scrutiny
