Unit 3 Review Flashcards
4th Amendment
People are protected against unreasonable searches & seizures
5th Amendment
No person can be deprived of life liberty or property without the due process of law
6th Amendment
Accused criminals all have the right to a lawyer
10th Amendment
Engel v. Vitale
Wisconsin v. Yoder
Tinker v. Des Moines
Schenck v. US
New York Times v. US
McDonald v. Chicago
Gideon v. Wainwright
Gideon was arrested & couldn’t afford a lawyer, so he tried defending himself & did poorly and was thrown in jail. In jail, he realized his 6th Amendment rights were violated, so he asked the court to hear his case. They decided his rights were in fact violated
Brown v. Board of Education
Roe v. Wade
Civil Liberties
Constitutionally established freedoms & guarantees that protect people from the government
Religious freedom
Balance is always between the religious practice of the majority & the free exercise of minority religious practice
Establishment clause
1st Amendment
Prohibits Congress from establishing a national church
Free exercise clause
1st Amendment
Protects rights of citizens to practice their religion without government interference
Federalist 78
Argues how and for how long justices will be appointed & what kind of power the judicial branch should have
Lifetime appointments for federal judgments is necessary to keep them independent and unreliant on popular will
Judicial review
The court is responsible for considering laws passed by Congress & making sure they’re in line with the Constitution
Null and void
If laws are considered not Constitutional
Selective Incorporation
Process of which the bill of rights is applied to the states
Exclusionary rule
Any evidence that’s gathered in violation of the 4th Amendment will be excluded from a person’s trial
Metadata
All the information about our communication minus the actual words that were said / typed
Miranda Rights
When a police officer is arresting someone they have to cite “you have the right to remain silent, anything you say can and will be used against you in the court of law. You have the right to an attorney. Etc. etc.”
Public safety exception
Allows police to question suspects without first giving the Miranda warning if the information sought affects the public & police’s safety
Equal Protection Clause
14th Amendment
No state can make or enforce any laws that impose on the freedom of the citizens of the US, nor deny any person to equal protection of the laws
The court established the implicit right to privacy based on:
1st, 4th, 5th, 9th & 14th Amendments
Affirmative action
Policies made that favor groups that have been discriminated against historically
