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due process
gov't must follow legal procedures and rights
✅ Procedural = Did the government follow the right process?
✅ Substantive = Is the law itself fair and allowed under the Constitution?
McDonald v. Chicago (2010)
Incorporated the 2nd amendment right to bear arms to the states through the 14th amendment's due process clause
Fourteenth Amendment (1868)
Reconstruction amendment; citizenship to all born or naturalized in the U.S., prohibits states from denying due process or equal protection
selective incorporation
How the Supreme Court applies specific Bill of Rights protections to states via the Due Process clause in the 14th amendment (bill of rights originally only protects from federal gov't)
Gideon v. Wainwright (1963)
A man named Clarence Gideon was arrested in Florida for stealing from a pool hall.
He couldn’t afford a lawyer and asked the court to give him one.
The judge said no, because Florida only gave lawyers to people in death penalty cases at the time.
So Gideon had to defend himself — and he lost.
he petitioned SCOTUS and they selectively incorporated the 6th amendment
Miranda v. Arizona (1966)
Required police to inform suspects of their rights before interrogation (origin of Miranda rights)
procedural due process
Government must follow fair and established legal procedures before depriving life, liberty, or property
Roe v. Wade (1973)
Extended the right to privacy to a woman's decision to have an abortion
substantive due process
Doctrine that protects certain fundamental rights from government interference even with fair procedures
right to privacy
Implied constitutional right protecting personal decisions and relationships from government intrusion; relevant to Roe v Wade and its overturning)
"don't ask, don't tell" (1994)
Military policy allowing LGBTQ service if individuals did not openly disclose their sexuality
equal protection clause
Fourteenth Amendment provision requiring states to treat individuals equally under the law
Thirteenth Amendment (1865)
Abolished slavery in the United States
Fifteenth Amendment (1870)(one fifteen-3 fifteenth compromise)
Prohibits denying voting rights based on race, color, or previous condition of servitude
Nineteenth Amendment (1920)
Granted women the right to vote
19 = 1 Woman, 9 Letters(suffrage)
19 year olds always suffering
Obergefell v. Hodges (2015)
Legalized same-sex marriage nationwide under the Fourteenth Amendment
strict scrutiny
test used in the Highest level of judicial review requiring a compelling state interest for laws affecting fundamental rights or suspect classifications(like the full body scan at the airport)
"Letter from a Birmingham Jail"
Martin Luther King's defense of civil disobedience against unjust laws
Brown v. Board of Education (1954)
Declared racial segregation in public schools unconstitutional
Civil Rights Act of 1964
Prohibited discrimination based on race, color, religion, sex, or national origin
Voting Rights Act of 1965
Outlawed discriminatory voting practices like literacy tests and required federal oversight
Plessy v. Ferguson (1896)
Upheld racial segregation under the "separate but equal" doctrine
"separate but equal"
Doctrine justifying racial segregation if facilities were equal
Civil Rights Act of 1964
Prohibited discrimination based on race, color, religion, sex, or national origin.
Jim Crow laws
State laws enforcing racial segregation in the South