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| Freedom of: religion, speech, press, petition, assembly |
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| no quartering solders in home |
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| No unreasonable searches and seizures |
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| Grand jury required to hold or try someone, no try twice for the same crime, not be witness against himself, no one may be deprived of life, liberty, or property without due process of law, private property may not use for public without compensation |
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| in a court, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, have assistance of counsel, have compulsory process for obtaining witnesses |
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| no excessive bail or fines or cruel and unusual punishment |
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| the people retain other rights not listed |
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| Rights of the States under Constitution, reserved to the States respectively, or to the people. |
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| court rule that 1st amendment applied to the states, conviction of a Socialist violated NY criminal Anarchy Law of 1902 by writing, publish, and distributing "revolutionary mass action" to promote Communist |
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| Benjamin Cardozo implied that some rights such in the 1st amendment were so fundamental that States may not infringe, Palko was convicted in state court of murder after two trials for same crime. the court did not maintain the fundamental in the fifth amendment, Supreme court overruled itself after 3 decades |
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| majority struck Minnesota's Public Nuisance Abatement Law used by Hennepin County attorney to stop publication of Saturday Press, on political corruption in Minneapolis, strikes the core of First Amendment, protection for freedom of the press |
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| New York Times v. united States |
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| (Pentagon Papers case) gov. had not met its "heavy burden" to justify a prior restraint on the publication of the information |
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| Court replace the "totality of the circumstances" standard with requirement that police give all criminal suspects specific warnings (commonly called Miranda Warnings), before questioning them |
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| Gideon v. Wainwright 1963 |
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| unanimous Supreme Court ruled that 6th Amendment required all felony cases the state must provide all indigent defendants with counsel |
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| Brown v. Board of Education, Topeka |
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| case in the public education, the doctrine separate but equal has no place, educational facilities are inherently unequal, a year later it order the public schools were desegregated, Thurgood Marshall successfully argued that Segregation by Race was Unconstitutional |
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| 1803, established judicial review at the federal level |
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| Martin v. Hunter's Lessee |
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| 1816, established judicial at state level, over hunting land |
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| overturned Connecticut law prohibiting the used of contraceptives for abortion |
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| controversial decisions ruling in 1973, that a woman had a constitutional right to an abortion, this overturned abortion law in most states |
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| challenge to Necessary and Proper Clause, AKA Elastic Clause |
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| citizenship for all born in U.S. and subject to its jurisdiction, no state my deprive any person of life, liberty or property; no state may deny any person the equal protection of the laws |
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| neither the federal nor state government may deny anyone the right to vote on account of sex |
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| provision of the First Amendment that prohibits Congress from making a law "respecting an establishment of religion" |
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| government could not prevent publication |
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| Latin for "friend of the court" brief submitted by an individual or organization that has an interest in the outcome of case but is not formally a party to it |
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| Can't be charged twice for the same crime |
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| rule imposed by Supreme Court that prohibits the use in court of evidence improperly obtained, no matter how relevant to demonstrating guilt |
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| New York Times v. Sullivan |
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| established actual malice must take place to prove libel |
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| no explicit Constitutional right to privacy, but right to privacy is an interpretation by the Supreme Court |
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| ensuring that one's rights are protected and that the government follows the rules that 'the people' have made. ex: if you were born in U.S. you are automatically a citizen |
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| passed by southern states after Civil War, restrict rights and freedom of the former slaves, severe punishments on blacks |
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| segregation of the races in social relations, such as transportation, housing, restaurants, churches, hospitals, cemeteries, and entertainment |
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| refused to move to the back of the bus, in Montgomery, Alabama. member of NAACP |
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| racial segregation because of past social and economic conditions and residential racial patterns |
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| racial segregation because laws or administrative decisions by public agencies |
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| tactic aimed at desegregating public transportation throughout the south |
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| Americans with Disabilities Act |
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| prohibits jobs discrimination, physical access to public places and services |
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| power of the court: collect taxes, common defense, borrow money, regulate commerce with foreign nations, coin money, post offices, declare war, raise and support armies, |
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| Term of office for Supreme Court Justices |
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| establish district and circuit courts to serve at an intermediary level between local courts and the supreme court |
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| Current Chief Justice of Supreme Court |
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| 1st Chief Justice of Supreme Court |
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| citizen of foreign country or state can't sue another state in federal court |
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| to stand on decided cases, or the judicial policy of following precedents established by past decision |
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| practice of Supreme Court that it will hear a case if at least four justices agree to do so |
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| request by the losing side to have Supreme court to review and overturn the decision |
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| Qualification to be Supreme Court justice |
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no qualifications- such as citizenship, residency, or age,
The president appoints all federal judges but has to be approved by Senate |
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| represents the legal interests of U.S government |
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| going beyond law to impose policy interpretations |
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| strictly honoring letter decisions of other courts |
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| anti-slavery novel by American author Harriet Beecher Stowe. Published in 1852, the novel "helped lay the groundwork for the Civil War" |
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