Unit 5 Flashcards
tinker v des moines
court case ruled student may wear armbands to protest the Vietnam War. the students “were not disruptive and did not impinge upon the rights of others.” symbolic expression protected by 1st and 14th
gideon v. wainwright
court ruled states are required under the 6th to provide an attorney to defendants in criminal cases to those who cannot afford one. extended right to counsel, imposed requirements in all states
brown v. board of education
“Separate education facilities are inherently unequal…such segregation is a denial of the equal protection of laws”
roe v. wade
“Roe alleged that the state laws were unconstitutionally vague and abridged her right of personal privacy, protected by 1st, 4th, 5th, 9th, 14th Amendments.
- Due process clause of 14th protects a woman’s choice to have an abortion
wisconsin v. yoder
court case held that amish students had to attend school past 8th grade violates the free exercise clause. precedent created “compelling interest” test: practices must be motivated by “sincere religious beliefs” and the state has imposed a “substantial burden” on the belief/practice
schenck v. us
distributed leaflets protesting WWI, charged with violating espionage act. court ruled espionage act did not violate 1st amendment. established “clear and present danger test” the 1st amendment does not protect soeech that causes danger to the public
engel v vitale
students required to participate in prayer in school. court ruled it was unconstitutional and violated establishment clause
new york times v. us
NYT began publishing pentagon papers and nixon administration said the release would harm national security. freedom of press (1st) and executive power and national security
mcdonald v chicago
chicago required all firearms to be registered and this banned most private citizens from owning handguns. due process clause of 14th extends the 2nd amendment right to keep and bear arms
civil liberties
protect citizens against gov (due process in 14th)
civil rights
gov protects citizens (equal protection of 14th)
selective incorporation
the court applied the due process clause of the 14th with a corresponding BoR Amendment to incorporate protections against arbitrary gov action
(applies BoR to the states)
due process clause
“no statue shall deprive any person of life, liberty, or property w/o due process of law”
equal protection clause
“no state shall deny to any person within its jurisdiction the equal protection of the laws”
establishment clause
“congress shall make no law respecting an establishment of religion”
cannot force people to practice a certain religion (1st)
free exercise clause
“congress shall make no law… prohibiting the free exercise thereof…”
(1st)
reynolds v. us
cannot have religious beliefs that are above the law
time, place, and manner restrictions
under freedom of expression (1st), content neutral, provide ample alternative means to express ideas
4th amendment
protects against unreasonable searches and seizures
reasonable cause
probable cause to search a certain place (under 4th)
exclusionary rule
evidence taken illegally from a search is not admissible in court (mapp v ohio)
5th amendment
“no person shall… be compelled in any criminal case to be a witness against himself”
(plead the 5th)
miranda rule
limiting unwanted interrogation w/o hearing rights (miranda v arizona)
6th amendment
right to counsel, speedy trial
dred scott v sandford
enslaved people are not citizens therefore do not have rights
civil war amendments
13th - prohibits slavery, 14th - equal protection clause, 15th - voting rights for men
plessy v ferguson
separate but equal
civil rights act 1964
prohibits discrimination in public places
voting rights act 1965
literacy tests and other voter suppression policies outlawed, led to increased representation and voting for african americans
affirmative action
“positive steps taken to increase the representation of women and minorities in area of employment, education, and business from which they have been historically excluded.”
1st amendment
protects freedom of speech, expressions, religion, petition
2nd amendment
right to keep and bear arms
3rd amendment
protects citizens from having soldiers quartered in their home
7th amendment
guarantees right to trial by jury
8th amendment
protects against cruel and unusual punishment and excessive bail
9th amendment
if there are not rights mentioned in the BoR, their exclusion does not mean those rights aren’t protected (unenumerated rights)
10th amendment
any powers not explicitly granted by constitution to federal gov belongs to the states
