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| the first 10 amendments to the US Constitution, drafted in response to some of the anti federalist concerns. These amendments define such basic liberties as freedom of religion, speech and press and offer protections against arbitrary searches by the police and being held without talking to a lawyer |
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| the constitutional amendment that establishes the 4 great liberties: freedom of the press, of speech, of religion and of assembly |
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| the legal constitutional protections against government. Although our civil liberties are formally set down in the Bill of Rights, the courts, police and legislatures define their meaning |
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| the constitutional amendment adopted after the Civil War that states, "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property. without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws |
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| Selective incorporations (incorporation doctrine) |
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| the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th amendment |
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| part of the 1st amendment stating that " Congress shall make no law respecting an establishment of religion" |
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| a 1st amendment provision that prohibits government from interfering with the practice of religion |
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| a government's preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the US, according to the first amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota |
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| the publication of false or malicious statements that damage someone's reputation |
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| nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment |
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| communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court |
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| the situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence |
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| the rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure |
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| the constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law |
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| the constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial |
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| a bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to persecute the defendant for a more serious (or additional) crime |
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| the constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase |
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| policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals |
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| the constitutional amendment passed after the Civil War that forbade slavery and involuntary servitude |
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| the law that made racial discrimination against any group in hotels, motels, and restaurants illegal and forbade many forms of job discrimination |
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| the constitutional amendment adopted in 1870 to extend suffrage to African Americans |
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| small taxes, levied on the right to vote, that often fell due at a time of the year when poor African American sharecroppers had the least cash on hand. This method was used by most Southern states to exclude African Americans from voting registers. - were declared void by the twenty fourth amendment in 1964 |
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| one of the means used to discourage African American voting that permitted political parties in the heavily Democratic South to exclude African Americans from primary elections, thus depriving them of a voice in the real contests. The Supreme Court declared White primaries unconstitutional in 1944. |
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| when children are assigned to schools near their homes and those homes are in neighborhoods that are racially segregated for social and economic reasons |
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| the constitutional amendment passed in 1964 that declared poll taxes void |
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| Voting Rights Act of 1965 |
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| a law designed to help end formal and informal barriers to African American suffrage. Under the law, federal registrars were sent to Southern states and counties that had long histories of discrimination; as a result, hundreds of thousands of African Americans were registered and the number of African American elected officials increased dramatically |
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| the constitutional amendment adopted in 1920 that guarantees women the right to vote |
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| a constitutional amendment originally introduced in 1923 and passed by Congress in 1972 and sent to the state legislatures for ratification, stating that "equality of rights under the law shall not be denied or abridged by the US on account of sex" -- despite substantial public support and an extended deadline the amendment failed to acquire the necessary support from 3/4s of the state legislatures |
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| the issue raised when women are paid less than men for working at jobs requiring comparable skill |
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| Americans with Disabilities Act of 1990 |
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| a law passed in 1990 that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment |
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| a policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group |
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where courts will look at distinctions very very suspiciously - has to do with race - like strict scrutiny
not in back of book |
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one requirement when looking at affirmative action programs - very narrowly
not in back of book |
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| Gitlow v. New York (1925) |
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| the 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states" as well as the federal gov |
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| the 1962 Supreme Court decision holding that state officials violated the 1st amendment when they wrote a prayer to be recited by New York's schoolchildren |
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the 1971 Supremem Court decision that established that aid to church-related schools must:
1. have a secular legislative purpose
2. have a primary effect that neither advances nor inhibits religion
3. not foster excessive gov. entanglement with religion |
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| Miller v. California (1973) |
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| a 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" |
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| a 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 1st amendment |
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| the 1961 Supreme Court decision ruling that the 4th amendment's protection against unreasonable searches and seiqures must be extended to the states as well as the federal gov. |
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| the 1973 Supreme Court decision holding that a state ban onall abortions was unconstitutional. The decision forbade state control over abortions during the 1st trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the 2nd trimester, and permitted states to protect the fetus during the 3rd trimester |
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| Planned Parenthood v. Casey (1992) |
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| a 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation |
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| the 1857 Supreme Court decision ruling that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress has no authority to ban slavery in the territories |
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| Plessy v. Ferguson (1896) |
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| an 1896 Supreme Court decision that provided a constitutional justification for segregation by ruling that a Louisiana law requiring "equal but separate accommodations for the white and colored races" was NOT unconstitutional |
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