Introduction to Civil Rights and Constitutional Court Cases

Flashcards covering the 14th Amendment, school prayer, religious freedom, and key Supreme Court cases such as Brown v. Board, Gideon v. Wainwright, and US v. Lopez.

Which amendment is central to almost every civil rights and segregation case?

The 14th Amendment.

What specific clause of the 14th Amendment ensures all citizens receive the same legal treatment?

The Equal Protection Clause.

What was the landmark ruling in Brown v. Board of Education of Topeka, Kansas?

That separate educational facilities are inherently unequal.

What is the difference between de jure and de facto segregation?

De jure segregation is segregation by law, such as Jim Crow; de facto segregation occurs by choice or social practice.

What is the legal concept of 'incorporation'?

The process of using the 14th Amendment as a vehicle to make the Bill of Rights apply to the state level, rather than just the federal level.

What is the primary purpose of voter maps in a democracy?

To prevent corruption and ensure that constituencies are equally heard.

What are the three criteria for the 'lemon test' regarding government and religion?

No direct money (funding), no endorsement of religion, and no preferential treatment of one religion over another.

Why is forced prayer over a school intercom considered unconstitutional?

Because schools are government institutions and students are forced to interact with the prayer.

Under what conditions are religious clubs, like the Fellowship of Christian Athletes (FCA), allowed on school grounds?

If they meet before or after school, are not required, and do not interfere with school business.

According to Gideon v. Wainwright, what is the state's obligation to a defendant?

The state must provide an attorney for any level of crime (misdemeanor or felony) if the defendant cannot afford one.

What right was established in the case of Escobedo v. Illinois?

The right to have a lawyer present during questioning in an interrogation room.

What is 'speech plus'?

Expression that involves an action, such as protesting, boycotting, or marching.

What is the legal term for the government attempting to censor a story before it is published?

Prior restraint.

At what point does Wisconsin v. Yoder allow Amish children to stop attending school for religious reasons?

After the 8th grade.

What does the legal term 'strict scrutiny' mean manually?

It means the court presumes an action is illegal unless the government can prove it is absolutely necessary.

Why was the United States government unable to ban guns around schools using the Commerce Clause in US v. Lopez?

Because the Commerce Clause power was not strong enough to regulate that area; that power belongs to the local school districts.

What was the significance of the Citizens United case regarding corporate speech?

It established that corporations have the right to unlimited speech, which translates to unlimited money for political causes.

What was the outcome of McDonald v. Chicago?

It used the 14th Amendment to incorporate the Second Amendment at the state level, guaranteeing the right to bear arms.