Person: explained that the Bill of Rights "have penumbrasâŠthat give them life and substance "and other amendments have emanations that point to a right to privacy.
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Probable Cause
exists when an officer has pulled you over for a violation and /or evidence is in plain sight.
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Roe v Wade SC
Case: views abortion as a privacy issue and blocks state laws banning the practice.
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Abolition
the 19th- century movement to end slavery.
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Strict Scrutiny
government must show a strong reason for targeting them.
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Self incrimination
when you implicate yourself in a crime, usually during interrogation.
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Nonsuspect Categories
Any law based on age, sexual orientation, gender identity, or physical handicap much show a rational connection to a legitimate government purpose.
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Missouri Compromise
limited slavery to southern lands west of the Mississippi River.
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Intermediate Scrutiny
government must show a compelling interest in the law.
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Griswold v. Connecticut (1965)
Case: court strikes down state laws prohibiting the use of birth control, even for married couples.
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Plessy v Ferguson
Case: SC case that legalized the concept of "separate but equal "and Jum Crowism.
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Civil Liberties
limits on government that allow people to freely exercise their rights.
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De facto descrimination
a subtle form of discrimination that exists without a legal basis.
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Reconstruction
failed attempt to rebuild the South and establish racial equality after the Civil War.
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Exclusionary Rule
excludes evidence gathered illegally and any "fruit of the poisonous tree.
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Selective Incorporation
states cant enact laws.
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Procedural Due Process
the steps that the government must follow before punishing an offense.
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Suspect Categories
any law involving race, ethnicity, or religion.
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Quasi Suspect Categories
any law involving sex- based categories.
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Jim Crow Laws
created a system of segregation in the South that would last until 1965.
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Civil Liberties
limits on government that allow people to freely exercise their rights
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Civil Rights
freedom you have to participate in public life
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The First Amendment
Freedom of Speech
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Free-Exercise Clause
the government can not interfere with the practice of religion
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The Second Amendment
Right to Bear Arms and Militias
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D.C. v. Heller (2002)
Case: Is a DC ban on registering handguns and the required use of a trigger lock unconstitutional?
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McDonald v. Chicago (2010)
Case: Does the Heller case apply to states?
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1st amendment
implies freedom of thought and choice
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9th amendment
implies other rights exist beyond those mentioned in the Constitution
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Planned Parenthood v. Casey
Case: Upholds the right to abortion, BUT allows states to consider "viability."
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Lawrence v. Texas (2003)
Case: SC strikes down "sodomy" laws in Texas affecting homosexuals
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Griswold v. Connecticut (1965)
Case: court strikes down state laws prohibiting the use of birth control, even for married couples
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Procedural Due Process
the steps that the government must follow before punishing an offense
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Whren v. United States (1996)
Case: A person pulled over during a traffic stop is found to have drugs
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Probable Cause
exists when an officer has pulled you over for a violation and/or evidence is in plain sight
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Exclusionary Rule
excludes evidence gathered illegally and any "fruit of the poisonous tree"
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5th Amendment
Self-Incrimination
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Self-incrimination
when you implicate yourself in a crime, usually during interrogation
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6th Amendment
Right to Legal Counsel
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Powell v. Alabama (1932)
Case: SC says the trials denied due process
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Gideon v. Wainwright (1963)
Case: SC believes that all (felony) defendants have a right to an attorney even if they can not afford one
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The 14th Amendment
Equal Protection
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Equal-Protection Clause
States can't deny any person equal protection under the law
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Suspect Categories
any law involving race, ethnicity, or religion
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Strict Scrutiny
government much show a strong reason for targeting them
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Quasi-Suspect Categories
any law involving sex-based categories
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Intermediate Scrutiny
government must show a compelling interest in the law
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Nonsuspect Categories
Any law based on age, sexual orientation, gender identity, or physical handicap much show a rational connection to a legitimate government purpose
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Abolition
the 19th-century movement to end slavery
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Missouri Compromise
limited slavery to southern lands west of the Mississippi River
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Dredd Schott vs. Sandford
Case: SC decision that stated blacks could not be citizens
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Reconstruction
failed attempt to rebuild the South and establish racial equality after the Civil War
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13th
ends slavery
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14th
grants citizenship and equal protection under the law
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15th
grants voting rights to black males
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Black Codes
laws restricting the rights of blacks
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Jim Crow Laws
created a system of segregation in the South that would last until 1965
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Plessy v. Ferguson
Case: SC case that legalized the concept of "separate but equal" and Jum Crowism
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de jure discrimination
discrimination established by lawâŠlike Jim Crow laws
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de facto discrimination
a subtle form of discrimination that exists without a legal basis
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Brown v. Board of Education (1954)
Case: marked the beginning of the end of the "Separate but equal" era that started with Plessy v. Ferguson
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De jure discrimination
discrimination established by law
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Schench v. the US (1919)
Case: Established the Clear and Present danger test (which states that speech can be curbed.)
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Tinker v. Des Moines
Case: symbolic speech- where a school was upset with students for wearing black armbands that protested the Vietnam war.
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New York Times v. the US
Case: freedom of the press- NYT tried to expose the Pentagon Papers because the government was lying.
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Engle v. Vitale
Case: A school prayer case that violated the establishment clause: separation of church and state
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Lemon v. Kurtzman
Case: The case focuses on state funding for private religious schools to be used for non-religious purposes.
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A Social Movement
organizations to fight for civil rights and desegregation.
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Nonviolent protests
protests mean to state whatâs wanted to be said without violence (sit-ins, marches, âridesâ)
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The 24th Amendment
Outlaws poll taxes (for voting)
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Voting Rights Act (1965)
Prohibited Literacy Tests
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Affirmative Action (Employment)
Programs designed to ensure groups have full and equal opportunities
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Laws of coverture
laws that stated a womanâs political rights and duties operated through her husband
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Flashcard (132)