judicairy civil rights, civil liberties

Civil Rights

Protects groups from discrimination.

Civil Liberties

Protects individuals from government action.

Due Process Clause

The primary clause of the Fourteenth Amendment that is used to extend civil liberties.

Equal Protection Clause

The primary clause of the Fourteenth Amendment that is used to extend civil rights.

Selective Incorporation

Some liberties listed in the Bill of Rights have been applied to the states using the 14th Amendment. This process has been piecemeal and not a sudden change.

1st Amendment

Right to freedom of speech, press, religion, assembly, and to petition the government. No establishment of religion by the government is allowed.

2nd Amendment

Right to bear arms.

3rd Amendment

No quartering of soldiers in private homes in times of peace.

4th Amendment

Limits searches and seizures by the government.

5th Amendment

You can't be tried for the same crime twice; life, liberty, and property cannot be taken without due process of law.

6th Amendment

You have the right to a speedy and public trial.

7th Amendment

In a lawsuit, if the controversy exceeds $20, the right to a trial by jury is preserved

8th Amendment

Prohibits excessive bail and cruel/unusual punishment

Schenk v. US

Congress can restrict speech that presents a "clear and present danger"

Tinker v. Des Moines

Students have free speech rights in schools. Symbolic speech is protected speech.

Eminent domain

The power of public agencies to seize private property.

Strict scrutiny

Any racially-based policy by the government is immediately considered suspect.

Grand jury

A set of citizens who determine whether or not there is sufficient evidence to justify a trial.

Roe v. Wade

Established the right to abortion based on privacy.

Intermediate scrutiny

The standard for gender discrimination cases.

Civil Law

Cases, such as lawsuits, that don't involve going to jail or a government fine.

Precedent/stare decisis

Respecting and applying earlier court cases to current cases.

Senatorial courtesy

An informal rule in which senators have say about federal judges in their state.

Judicial activism

Is it appropriate to use the court to change policy.

Judicial restraint

Is is not appropriate to use the court to change policy.

Certiorari

The Supreme Court agrees to hear a case after it passes the "rule of four".

Amicus curiae

A brief presented to the court by someone not involved in the case.

Engle v. Vitale

Mandatory prayer in schools is a violation of the establishment clause

McDonald v. Chicago

Incorporated the 2nd Amendment right to bear arms to the states

Wisconsin v. Yoder

Amish do not have to attend school after 8th grade - right to freedom of religion

Brown v. Board of Education

1954 case that overturned Separate but Equal standard of discrimination in education.

New York Times v. US

Supreme Court case protecting the freedom of the press by allowing the New York Times to publish the "Pentagon Papers" despite the Justice Department's order to restrict it