Unit 3: exam Flashcards
what is due process
a citizen who will be affected by a government decision must be given advance notice of what the government plans to do and how the government’s action may deprive them of life, liberty, or property
what is the difference be substantive and procedural due process
Procedural due process refers to the process used to try and convict defendants accused of crimes, while substantive due process is a principle allowing courts to prevent government interference with fundamental rights
what is selective incorporation
piecemeal process (applying the bill of rights to cases where it is relevant)
what year was the civil rights act passed
1964
what is the exclusionary rule
a rule that evidence obtained without a warrant is inadmissible in court
1st amendment
- freedom of speech, press, etc
2nd amendment
right to bear arms
4th amendment
gov may not search or take a person’s property without a warrant
5th amendment
a person may not be tried twice for the same crime and does not have to testify against themself
6th amendment
- speedy trial
- impartial jury
- lawyer
8th amendment
cruel and unusual punishment + unreasonable fines
14th amendment
- bill of rights is applied to the states
- states can’t deprive people of life liberty and property
- citizenship
establishment clause
can’t establish a national relgion
what is prior restraint (and who is it limited to)
the suppression of material prior to publication on the grounds that it might endanger national security - federal gov
roe v. wade
Principle: whether the right privacy was supported in the Constitution
Summary: Jane Roe couldn’t get an abortion in texas because of the law saying abortions were illegal unless the mother’s life was endangered
Holding: abortion fell into the right to privacy (thx to Griswold v. Connecticut) and was protected under the 14th amendment
Brown v. Board
Principle: equal protections clause, 14th amendment
summary: a series of cases under one name, Overturned Plessy’s standard of “separate but equal”, and outlawed racial segregation in schools
Holding: “separate but equal” was unequal and was unconstitutional., and desegregation must be done with “deliberate speed”
Gideon v. Wainwright
Principle: 6th amendment
Summary: He couldn’t afford an attorney, and he wasn’t given a court appointed one either by the state of Florida
Holding: the 6th amendment applies to the states via the 14th amendment
Mcdonald v. Chicago
Constitutional principle: 2nd amendment and selective incorporation
Summary: Chicago passed a handgun law that basically outlaws handguns
Holding: Through the 14th amendment due process clause the 2nd amendment was incorporated because the right to self defense was a fundamental right
NYT v. United States
Principle: prior restraint, 1st amendment freedom of the press
Summary: also called the pentagon papers case. NYT tired to publish stuff from the Defense Department. Nixon tried to stop it before it got published (prior restraint)
Holding: In favor of NYT as prior restraint thought to hurt the freedom of the press (even in national security issues)
Schneck v. The United States
Principle: First Amendment, Espionage Act (whether it was constitutional or not)
Summary: in WWI socialist leaflets said the draft violated the 13th amendment. Charles was charged under the espionage act
Holding: espionage act didn’t violate the 1st amendment and was an appropriate act on Congress
Tinker v. Des Moines
Principle: symbolic speech, freedom of speech clause, 1st amendment
Summary: students wore armbands in protest, they were sent home/punished by the school. Students said their freedom of speech was violated
Holding: the speech must substantially interfere with the learning process to be justifiablejustfiable for punishment
Wisconsin v. Yoder
Principle: 1st amendment free exercise clause
Summary: Amish parents, due to religious reasons, didn’t want to send their kids to school past eighth grade (which as mandatory as of Wisconsin law)
holding: the individuals right to free exercise was greater than a federal interest in sending kids to school past 8th grade
Engel v. Vitale
Principle: establishment clause
Summary: New York Board of Regents made voluntary school prayer (also nondenominational)
Holding: schools can hold prayers, even if they are nondenominational and voluntary as the act of praying is religious. Religious activity in a government funded school (public school) goes against the establishment clause of the first amendment
