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Mr. V's Ch. 4 Test
Key cases, first ten amendments and key terms
38
Law
11th Grade
10/26/2009

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Cards

Term

Barron v. Baltimore

(1833)

Definition

-General ruling, not protected by anything under the constitution

 

-Ruled that the United State's national government was the only governing power that had to adbide by the Bill of Rights

Term

Engle v. Vitale

(1962)

Definition

- 1st Amendment of the Bill of Rights; Establishment Clause

 

- Ruled that state officials of New York violated the First Amendment by forcing prayers to be recited by New York's schoolchildren

Term

Gideon v. Wainright

(1963)

Definition

- Sixth Amendment; Assitance of Council for a defense

 

-Ruled that anyone accused of a felony where imprisonment may be imposed, however poor he or she may be, has a right to a lawyer

Term

Gitlow v. New York

(1925)

Definition

- First and Fourteenth Amendment; Freedom of the Press

 

-Ruled that Freedom of Speech and the Press are liberties protected by the Free Press clause of the First Amendment and the Due Process Clause of the Fourteenth Amendment

Term

Gregg v. Gerogia

(1976)

Definition

- Eight Amendment; Cruel and Unusual Punishment

 

- Ruled that Capital Punishment or the Death Sentence is not cruel and unusal punishment. Although it is an extreme sanction, it is reserved for the most extreme crimes.

Term

McClesky v. Kemp

(1987)

Definition

- Eight Amendment; Cruel and Unusual Punishment

 

-Rule that the Death Penalty did not in the past and does not violate the Fourteenth Amendment Due Process Clause

Term

Lemon v. Kurtzman

(1971)

Definition

- First Amendment; Freedom of Religion (Establishment Clause)

 

- Ruling which was responsible for the Lemon Test which outlines what is acceptable of the government to become involved with religion:

  1. Must have a secular, legislative purpose
  2. Main purpose must not be one that advances nor inhibits religion
  3. Must not excessively entangle religion with government
Term

Mapp v. Ohio

(1961)

Definition

- Fourteenth Amendment; Unreasonable Search and Seizures Clause

 

- Ruling that forces police to have both probable clause and then a search warrant in order to use ANY evidence in the Court of Law

Term
Exclusionary Rule
Definition
Evidence, no matter how incriminating, may not be introduced into trial if it was obtained unconstitutionally. Protected under the Fourteenth Amendment.
Term

Miami Herald Publishing Company v. Tornillo

(1974)

Definition

- First Amendment; Freedom of the Press

 

- Miami law was that when a newspaper critizied a politician, they in turn have to publish their response as well

 

- Struck down by S.C. because the government has very little power to restrict print media

Term

Miller v. California

(1973)

Definition

- First Amendment; Freedom of Speech

 

- Ruling on what was considered obscene and not protected by the Constitution

  1. Work as a whole must have a specific intrest in sex
  2. Work had sexual conduct that was specifically against obscenity rules of that state
  3. Work as a whole must lack serious literary, artistic, political or scientific value.
Term

Miranda v. Arizona

(1966)

Definition

- Fifth Amendment; self-incrimination

 

- Miranda did not hear his rights and was not aware of his rights under the Fifth Amendment and was incriminated

 

-S.C. overruled his incrimination and stated what every convited person must hear (Miranda Rights):

  1. Right to Remain silent
  2. What they say can be used against them in court of law
  3. Have a right to a lawyer and will be provided one if they cannot afford their own
Term

NAACP v. Alabama

(1954)

Definition

- First Amendment; Freedom of Assembly

 

- Alabama tried to force the NAACP to hand over its membership list

 

-S.C. ruled this unconstitutional because it was protected by the First Amendment

Term

Near v. Mineesota

(1931)

Definition

- First Amendment; Freedom of Expression 

 

-  Openly criticism and some insluts used by a newspaper lead to the state closing down on the paper

 

-S.C. overtunred the ruling stating that the First Amendment protects newspapers against "prior restraint"

 

Term

New York Times v. Sullivan

(1964)

Definition

- First Amendment; Freedom of Expression

 

-S.C. made a ruling that libelous comments were only cases if it was done with Malice and reckless disregard for the truth

Term

Planned Parenthood v. Casey

(1992)

Definition

-General Ruling; not protected directly under any amendment (Right to Privacy

- Ruling for which outlined the regulations and procedure of abortions in the U.S.

Term
Red Lion Broadcasting Comany v. Federal Communications Commission
Definition

- First Amendment; Freedom of the Press

 

-A ruling which the Supreme Court upheld the restricting of and restrictions of radio and television broadcasting.

 

- Different than print media because there are limited amounts of broadcasting frequencies available

Term

Roe v. Wade

(1973)

Definition

- General Ruling; not specifically protected under an amendment (Right to Privacy)

- S.C. ruling that held that state bans on all abortions was and is unconstitutional. Forbade the control of abortions during the first trimester, permitted states to limit abortions to protect the mother's health in the second trimester and permitted states to protect the fetus during the third trimester

Term
Roth v. U.S. (1957)
Definition

- First Amendment; Freedom of Expression

 

- Ruled that obscenity was not protected by the First Amendment

Term

Schenck v. U.S.

(1919)

Definition

- First Amendment; Freedom of Expression

 

- Schenck was incarcenated because he urged for people to resist the draft during WWI in order to uphold his socialist ideas and beliefs

 

-S.C. upheld this incarceration because of the fear of a clear and present danger

 

- Stated that free speech is unlimited in public forum as long as it isnt insiteful or "in clear of present danger"

Term

Abington Township School District Pennsylvana v. Schempp

(1963)

Definition

- First Amendment; Freedom of Religion (Establishment Clause)

 

- Required reading of Bible verses in school

 

-Schempp refused to participate and was expelled

 

- S.C. ruled 8-1 in favor of Schempp stating that it violated the First Amendment's Establishment Clause

Term

Texas v. Johnson

(1989)

Definition

- First Amendment; Freedom of Expression

 

- A ruling which struct down flag burning by stating that free symbolic speech was protected by the First Amendment

Term

Zelman v. Simmons-Harris

(2002)

Definition

- First Amendment; Establishment Clause

 

- State was giving vouchers that could be used to pay tuition at some religious schools

 

- S.C. ruled in favor of the rule because not supporting the voucher would unbalance the favor of non-religion against religion

Term

Zurcher v. Stanford Daily

(1976)

Definition

- First Amendment; Freedom of the Press

 

- Riot happens; police hear that the Stanford Daily has pictures from which they can prosecute and make arrests with. Obtain search warrant and Stanford refuses to give up the pictures saying it violated the First Amendment

 

- S.C. ruled in favor of the Police stating that a proper search warrant could be applied to a newspaper without violating the First Amendment

Term
First Amendment
Definition

- Freedom of Religion (Free Exercise and Establishment Clause)

 

- Freedom of Speech

 

- Freedom of the Press

 

-Freedom of Assembly

 

-Freedom of Petition

Term
Second Amendment
Definition
- Right to bear Arms
Term
Third Amendment
Definition
- Abolishment of quartering soilders
Term
Fifth Amendment
Definition

- Right to criminal cases heard in front of a Grand Jury

 

- Double Jeopardy (getting tried for the same crime twice)

 

- Due Process Clause to life, liberty and property

 

-Property cannot be taken from private use for public use without just compensation

Term
Sixth Amendment
Definition

- Right to Fair and Speedy Trial with an impartial jury

 

- Right to a lawyer

Term
Fourth Amendment
Definition

- Right for people to not have unreasonable and unlawful search and seizures done against them

 

- Warrant must be issued based upon probable cause

Term
Seventh Amendment
Definition
- Right of trial by jury
Term
Eight Amendment
Definition

- Excessive bail and fines are prohibited

 

- Protection against cruel and unusual punishment

Term
Ninth Amendment
Definition

- Constiution shall not be constructed or disparge rights retained and outline for the people in the constitution

 

 

Term
Tenth Amendment
Definition
- Any powers not outlined by the Constitution are left to the states
Term
Civil Liberties
Definition
The legal constitutional protections against government. Although our civil liberties are established by the Bill of Rights, the courts, police and legislatures define their meaning
Term
Incorporation Doctrine
Definition
The concept which the S.C. nationalized the Bill of Rights through the Fourteenth Amendment
Term
Commercial Speech
Definition
Communication in the form of advertising. More restricted than other types of speech.
Term

Craig v. Boren

(1976)

Definition
The Supreme Court established the standard that gender discrimination would be presumed to be neither valid nor invalid. The courts repeatedly said there must be an "exceedingly persuasive justification" for U.S. government to classify people by gender
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