Civil Liberties/Civil Rights Dual Credit

Which part of the constitution guarantees basic rights?

Bill of Rights

selective incorporation

the application of the Bill of Rights to the states

establishment clause

prohibits the government from establishing an official religion

Everson v. Board of Education

The Court ruled that the New Jersey law (allowing the state to pay for busing students to parochial shcools) was constitutional; the law benefited students rather than aided a religion directly.

lemon test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

No prayer in schools!

Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

ruled that students wearing black arm bands to protest the Vietnam war was not disruptive

Texas v. Johnson

flag buring was protected symbolic speech

clear and present danger doctrine

when speech presents an immediate danger (especially during war time) it is not protected speech

Near v. Minnesota

the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

District of Columbia v. Heller

U.S. Supreme Court case that upheld that the Second Amendment protects an individual's right to possess a firearm

Roe v. Wade

(1973) legalized abortion on the basis of a woman's right to privacy

Clauses of the 14th amendment

due process and equal protection

Dred Scott v. Sanford

Supreme Court case that decided US Congress did not have the power to prohibit slavery in federal territories and slaves, as private property, could not be taken away without due process - basically slaves would remain slaves in non-slave states and slaves could not sue because they were not citizens

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage

it allowed federal oversight to state elections in Southern states

gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

Baker v. Carr

case that est. one man one vote. this decision created guidelines for drawing up congresional districts and guaranteed a more equitable system of representation to the citizens of each state

Regents of the University of California v. Bakke

A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race.

Obergefell v. Hodges

States obligated to recognize same-sex marriage from other states.

Review the following amendments

1, 2, 4, 5, 6, 8, 13, 14, 19, and 26