Units 1-6 Flashcards
Selective Incorporation
SC incorporates cases that have come up
Started by 14th amendment
How the BoR slowly have been applying to the states
case by case
1st case: Gitlow v. New York (1st- speech + press)
Barron v. Baltimore
SC said that BoR did not apply to states, only to fed. govt.
Before 14th
1st amendment
freedom of religion, assembly, petition, press + speech
speech: does not protect libel (NY Timesv Sullivan-slander + obscenity (Miller test)
protected: flag burning (Texas v Johnson), slear +present danger (Schenk)
religion: free establishment + free exercise clause
entanglement of religion + schools: Lemon v. Kurtzman, bible reading: Engle v. Vitale
5th amendment
Right to know all your rights in an arrest
No self-incrimination, double jeopardy
Miranda v. Arizona –> Miranda rights
Witness badgering - repeating
due process + 14th
gives govt right to eminent domain –> govt is allowed to take your property + gives the right compensation
Prior restraint
govt trying to censor the press before it gets published
even if it’s sensitive info, only if it shows clear + present danger
NY Times v. US - classified info + they wanted to publish it
Right to privacy
protected by 4th, 5th + 9th not enumerated, penumbras protects: -abortion rights: Roe v. Wade *1st trimester or if woman's life is in danger Griswold v. Connecticut *contraceptives for married couples -homosexual rights Texas v. Lawrence *homosexuality is under right of privacy
4th amendment
protects us from unreasonable search + seizure, exclusionary rule
Mapp v. Ohio - incorporated 4th
They need probable cause to search you
TLO v. NJ - schools only need reasonable suspicion
8th amendment
no cruel/unusual punishments or excessive fines/bails
death penalty=capital punishment
Furman v. GA - put temporary hold on executions, people were not being executed properly, mainly to African American men
Gregg v. GA - it’s OK but you must do “xyz” to do it
Affirmative action
trying to make sure we see more diversity in schools + workplace
Bakke v. U of CA - schools can use race as a criteria but no quotas
SC has upheld using race, no quotas
Civil Rights Act of 1964
it gave AA more rights
outlawed discrimination in public places + banned discrimination in voting places
24: no more poll tax
Heart of Atlanta Hotel v. US - SC said it was constitutional that you can ban discrimination in private + public places
Reconstruction Amendments
13: freed slaves
14: due process + equal protection
15: right to vote/suffrage cannot be taken away based on race
24th amendment
outlawed poll taxes
Civil Rights Act 1964-65
Gay rights
14th for equal protections
right to privacy
Lawrence v. Texas - gays are allowed to have relations
Obergefell v. Hodges - allows gay marriage
Don’t ask, don’t tell - Clinton for military
Brown v. Board
I: schools need to integrate + separate is NOT equal
II: integrate with all deliberate speed
19th amendment
gave women the right to vote
Women’s Rights
Title IX (9): gave women equal opportunity in schools
ex. sports
heightened scrutiny: some laws can be based on gender
ex. Roe v. Wade, Griswold v. CA, Planned Parenthood v. Casey
NOW- interest groups, no “man” jobs
Title 7: protected women from discrimination in work ex,pay
Leabetter v. Goodyear Tire: L was paid less than men, Clinton passed a Lily Leabetter law, every pay is being discriminated, not just the first one
Procedures at Supreme Court
Rule of Four - writ of certorari Briefs - each side *amicus curaie *#1: solicator general (US govt) Oral arguments (30 mins) Questions Justices go into conference (1st Justice, then seniority) Opinions (Look at: Opinions of SC)
Congress role in Judicial Branch
Senate Judiciary Committee: approve nominations to Court
House impeach, Senate trial judge
set size + # of courts (Judiciary Act of 1789)
laws to back up/not back up court decisions
Opinions of Supreme Court
majority: sets precedent
dissenting: minority opinion :(
concurring: agrees or disagrees but for a different reason
Judicial Philosophies
judicial activism: loose interpretation (Hamilton) for change, making policies Obergefell: overturned DOMA Brown v. Board judicial restraint: strict interpretation (Jefferson) allows Congress/Pres make policy
Types of courts
trial courts (district): original jurisdiction, most begin + end here circuit court: appellate jurisdiction, do not take new evidence, looks for mishandling of the case Supreme Court: original + appellate jurisdiction affects multiple people, and is a constitutional issue state courts are the same way
Rule of Four
4 SC judges needs to approve
writ of certiorari: to make more certain
stare decisis
let the decision stand
looking at old court cases
judicial restraint
precedent: follows the precedent of higher court
Groups in the Bureaucracy
Govt Corporation: businesses funded by govt partially
TVA + Post Office
Independent Executive: like Cabinet but specific
NASA
Independent Regulatory: regulate parts of economy
FCC, SEC, EPA, OSHA, SCC
Cabinet: 15 depts, led by a Secretary (for Dept of Justice: Attorney General)
