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| what happened in 1619 (2 things) |
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| slavery begins, indentured servants |
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| Dec. of independence, Rev War, state constitution |
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| Articles of confederation (connected all colonies together) it separated the federal gov, state gov, and individual people. In short, united the colonies and outlined federalism |
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| treaty of paris which ends rev war |
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| continental congress wrote draft of constitution. first time all state reps came together |
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| constitution ratified, judiciary act, slavery demure |
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| bill of rights came to be bc nc and ri signing to ratify constitution |
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| aliens and sedition act, john adams puts into place |
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| kentucky vs. virginia resolutios. thomas jefferson and madison told people to ignore the aliens and sedition act |
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| sedition act expires, john marshall as chief justice |
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| marbury v. madison, judicial review: the power of the court to review actions of other branches of gov and deem them to be constitutional or not |
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| Dred Scott supreme court blacks are not citizens |
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| civil war. lincon puts in another sedition act. |
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| 13th amendment ABOLISH SLAVERY!!!! end of the civil war. end of dejure slavery |
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| 15th amendment! giving black ppl suffrage |
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| 14th amendment! citizenship to black ppl |
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| civil rights act bans discrimination in public accommodations |
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| slaughterhouse cases. shut down privileges and immunities clause |
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civil rights cases struck down civil rights act,
state action doctrine: without gov involvement no constitutional claim can be made. |
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| Santa Clara: substantive due process to create the right of corporate personhood. corporate personhood came out of santa clara case. |
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| radio goes commercial. progressive music, art, 19th amendment (women can now vote |
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| Taft. chief justice of supreme court after presidency |
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| certiorari. birth of modern supreme court. all kids now forced to go to public school (hit for the catholics) |
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| near v minn: printed newspaper in town saying horrible shit about the jews. near rule created. injuction |
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| Grosjean: tax on newspapers. Prior restraint |
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| de jonge: restraint on protest as Prior restraint |
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| 6 freedoms of the first amendment |
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| speech, for religion, from religion,press, assembly, petition |
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| law that changes over time due to court decisions |
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| federal gov, state gov, the individual |
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| 3-5ths of a vote, 20 year rule, fugitive slave clause |
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| legislative, executive, judiciary |
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| the power of the court to review the actions of the court and deem them to be constitutional or not |
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| looks down at what both lower courts did and make their call on whether or not both courts did an ok job |
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| no witnesses, no jury. looking down and determining whether everything in district court looks okay. making sure everything was done properly. |
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| trial courts. jury court. there are lawyers and witnesses |
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| the power of the court to pick and choose. supreme court at federal level has that power and also states' supreme courts. judiciary act of 1925 gave power to court to pick and choose cases to take. |
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| common, constitutional, statutory,administrative (note: common law is not on federal level, but is on state. ex: libel depends on the state. everything else is both federal and state level.) |
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| reconstruction de facto segregation. not a law but understood |
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| the threshold question in every speech case!!!! |
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| is it speech that is protected by the first amendment or is it law that is not protected |
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| 4 types of 1st amendment protection |
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| medium, speaker, speech, forum |
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| the process by which the court adds substance to the word liberty in the thedue process clause to add new rights or meaning |
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| the process by which the court adds substance to the word liberty in the due process clause to add new rights or meaning |
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| : knowledge of falsity or reckless disregard for the truth. |
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| 14th amendment 3 clauses: legal defenses |
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prieleges and immunities clause
due process clause
equal protection clause |
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| the court uses its power of judicial review to strike down laws as unconstitutional. “no we are going to stray from what previous courts have done.” |
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| always wanting to follow the precedent. “we will stay with the decisions we’ve made in the past.” |
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| to stand by an earlier decision/ to “affirm” |
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| 4 aspects of judicial restraint: |
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willingness to accept lower court decisions
- willingness to defer to other branches of gov such as congress
- should correct only blatent constitutional violations.
-can include strict constructionism. |
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| Diversity of citizenship action |
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| :civil lawsuit in which the parties are residents of 2 or more different states. |
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| a coorp, as a group of ppl, may be recognized as having the same legal rights as an invidual under the 14th amendment |
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| is it speech protected by the 1st amendment or an action not protected by the 1st amendment? |
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| : the process by which the court incorporates parts of the bill of right into the word liberty and the due process clause of the 14th amendment in order to reach down to the state and local level. |
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| the gov trying to stop you from saying something before you say it |
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| prior restaints are always unconstitutional except for what three exceptions? |
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| obscene, incite violence, threaten national security in wartime |
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| when the court tell you to stop doing something |
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