Studied by 9 people
bill of rights
first ten amendments that establish civil liberties
civil liberties
individual rights protected by law from unjust governmental interference
social order
components of society working together to maintain status quo
individual freedom
rights needed by individuals to pursue life w/o governmental or other interference
selective incorporation
case-by-case incorporation of the bill of rights through the 14th amendment
first amendment
freedom of speech, press, religion, petition, assembly
establishment clause
congress cannot make law that imposes religion onto citizens
free exercise clause
congress cannot make a law that imposes people to exercise their religion in a specific fashion
engel v vitale
I amendment, establishment clause— mandatory prayer in schools not required anymore
wisconsin v yoder
I amendment, free exercise clause— amish people can pull children out of 8th grade because attendance of highschool is contrary to their beliefs
symbolic speech
like armbands with a peace sign, doesnt say
defamatory/offensive/obscene
not allowed to : spread lie through speech, violate community values, be lewd
tinker v des moines
I amendment, free speech— symbolic speech allowed, students dont lose constitutional rights when in a school, but it can be limited
time, manner, place
whats considered obscene at 9 am in des moines is not the same at 2 am in nyc, because everyones obscene there
clear and present danger
dont falsely yell fire in a crowded theater
schenck v united states
I amendment— encouraging young men to avoid draft was a danger
prior restraint
gov cant censor press before its publish, only afterwards can you sue for libel, security clearance violations or whatever
nyt v united states
I amendment, freedom of press— gov wanted to stop publication of pentagon papers, but they could not because of prior restraint.
second amendment
bear arm
micdonald v chicago
II amendment— selective incorporation says that own gun is individual right and not only gun to serve in militia moment
due process
you are entitled to a fair legal process
procedural due process
procedures of due process are protected by bill of rights
substantive due process
substance of due process should be protected, the spirit of the law. miranda rights isnt in constitution, but its not fair if it isnt
fourth amendment
cannot be searched w/o warrant
exclusionary rule
if evidence was found without a warrant, it cannot be used in trial
warrantless searches
cannot be searched w/o warrant, but if there is probable cause you can
bulk collection of metadata
bulk data is banned and data search is limited so limits are on searches
fourteenth amendment
rights of consitution apply to states and former slaves are protected
citizenship clause
anyone born in US is citizens
due process clause
due process cannot be denied by state
equal protection clause
everyone gets equal protection of rights from all governments
right to privacy
constitution does not say anything about this, but its recognized and respected
griswold v connecticut
married couples can access birth control because of procedural due process
roe v wade
substantive due process, griswold v conn precedent—womans right to choose abortion is private with physician
dobbs v jackson
overturns roe v wade— privacy not enforced by constitution
fifth amendment
i plead the fifth! no criminal should be forced to self incriminate
sixth amendment
trials are speedy and public, have impartial jury, and assistance of counsel
right to speedy and public trial
shouldnt have to wait in jail long time, gov held accountable so its public
impartial jury
jury cant be biased, innocent until proven guilty
assistance of counsel/right to legal counsel
ur at a disadvantage if you dont have one, most likeyl will lose the trial
gideon v wainwright
IV amendment, right to legal counsel— man accused of robbing pool hall and found guilty, filed saying its not fair i dont have counsel, got counsel and was innocent
miranda warning
they have to say that you have the right to remain silent and if you cant afford an attorney you have one
eighth amendment
excessive bail NO, no big fines, and no cruel or unusual punishment
cruel or unusual
court decides what its considered, death penalty not according to court
civil rights movement
social movement to gain legal and political rights for black people
social movements
womens suffrage, tempreance, lgbtq, blm. large informal gatherings of individuals working together on a specific issue to do something about social temperance
civil rights
rights you expect to receive as a citizen and the protection of the gov to defend those rights
brown v board
XIV amendment equal protection— challenged segregation in public schools
seperate but equal doctrine
plessy v ferguson, separate but equal doesn’t violate 14th amendment
letter from a birmingham jail
protested in most segregated city, mlk did. he was arrested and believed that direct action was necessary because negotiation was not made possible
civil rights act 1964
equal protection in 14th amendment, outlawed discrimination based on race gender national origion or religion, outlawed discrimination in employment and public accommodations like water fountains.
voting rights act of 1965
protect a citizens right to vote, outlawed discriminatory exam requirements like literacy tests or grandfather clauses or poll taxes, set up federal officers to register voters, and some states had to do something to change rules
affirmative action
providing equal access to groups that have been historically excluded or underrepresented such as women and minorities
womens rights movement
19th amendment, then became equality in workplace
title IX of education amendments act of 1972
if school takes federal funds, they must provide equal opportunities to women like sports
national organization for women NOW
initerest group that advocates for womens rights and is prochoice
prolife
focuses on limiting the need for and access to abortion
lgbtq rights
protection in the workplace, right to serve in military, and marriage equality
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Flashcard (24)