Booth unit 3 study guide

Wisconsin v Yoder

1972 , that ruled Amish children could not be forced to attend school past the eighth grade, as it violated their First Amendment rights to free exercise of religion.

Engel v Vitale

1962, ruled it unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, violating the Establishment Clause of the First Amendment.

freedom of religion,speech,press, and petition

1st amendment

2nd amendment

right to bear arms

no quartering soldiers

3rd amendment

4th

protects against unreasonable searches and seizures

Deals with rights of citizens when accused; right to a fair trial,not being forced to testify against yourself,can’t be tried for the same crime twice

5th amendment

6th amendment

explains protections of accused citizens/miranda rights

right to a trial by jury

7th amendment

8th amendment

no cruel or unusual punishment

9th amendment

protects rights not specifically stated in the constitution

10th amendment

whatever powers not delegated to the federal government goes to the states or the people

new york times v united states

upheld the right of the press to publish classified information in the interest of the public, emphasizing the the first amendment

Tinker v Des Moines independent school district(1969)

upheld students rights to free speech in schools, ruling that students do not lose their constitutional rights at the schoolhouse gate

Morse v Frederick(2007)

ruled that schools can limit student speech at school-sponsored events if it promotes illegal drug use. The case addressed the balance between student free speech rights and school authority, affirming that schools can restrict messages that contradict their educational mission.

Schneck v United States

established the "clear and present danger" test for restricting speech, ruling that free speech is not absolute and can be limited during wartime.

Gitlow v New York(1925)

upheld the incorporation of free speech protections under the 14th Amendment, ruling that states could not infringe upon an individual's right to free speech

Selective incorportation

The supreme court decides which rights from the Bill Of rights apply to the states one by one

total incorportation

All rights apply to the states automatically

Baker v Carr(1962)

established the principle of “one person, one vote” ruling that redistricting issues present justiciable questions, allowing federal courts to intervene in state redistricting

Trustee

a type of representative who’s trusted to make decisions based on their judgement and conscience on behalf of their constituent

Delegate

a person sent or authorized to represent others, in particular an elected representative sent to a conference

Politico

a representative who acts as a hybrid of both a trustee and a delegate, balancing their own judgement with the wishes of their constituents

Federalist 51

explains the need for checks and balances to prevent any one branch from becoming too powerful. The outcome was a stronger framework for the constitution

bully pulpit

The president’s use of their visibility and influence to promote their policies and ideas directly to the public. It’s all about leveraging their position to shape public opinions and push their agenda

executive order

president can do whatever he wants without needing approval from congress

Federalist 70

Hamilton argues for a single,strong executive leader rather than a committee. The outcome was the position of the president

Federalist 78

Hamilton argues that we need an independent judiciary. Judges should have lifetime appointments to ensure they can make decisions based on the law and not political pressure

Incorporation doctrine

Legal principle that uses the 14th amendment to apply the bill of rights to the states. Before this, the BOA only limited the federal government

clause and amendment that protects the right to assemble

1st amendment and freedom of assembly clause

Brown v Board of Education(1954)

Challenged the racial segregation in public schools. The outcome was unanimous decision declaring the “seperate but equal” schools were inherently unequal, leading to desegregation in school

Voting rights act of 1965

Aimed to eliminate racial discrimination in voting. It made sure everyone, regardless of ace, could vote and put the government in charge of checking that states followed the rules. It led to more minorities being able to vote

affirmative action

a policy designed to address past discrimination and promote opportunities for historically marginalized groups, such as minorities and women, by implementing measures in areas like education and employment to ensure equal access and representation

Equal Rights Amendment(E.R.A)1963

Women shall have rights in the U.S and every place subject to it’s jurisdiction. Equality of rights under the law shall not be denied or abridged by the U.S or by any states on account of sex.(not passed)

Equal pay act of 1963

labor law amending the fair labor standards act, aimed at abolishing wage disparity based on sex

when determining if wage disparity is justified the court must consider

skill and effort

title VII of the Civil rights act of 1964

Prohibits discriminating in based accommodations and in employment on the basis of gender

title IX of the Education act 1972

No person in the U.S shall, on the basis of sex, be excluded from participating, in be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance

Dred Scott v Sanford

Chief justice Taney declared that an African American was chattel that had no rights under a white mans government, and that congress had no power to ban slavery in western areas

15th amendment

Prohibits the federal and state governments from denying a citizen the right to vote based on that citizens race,color, or previous condition of servitude

Mapp v Ohio(1961)

ruled that evidence obtained in violation of the 4th amendment cannot be used in state courts

stopped black men from voting even after the 15th amendment

literacy tests, poll taxes, the grandfather clause

DC v Heller(2008)

ruled that the 2nd amendment protects an indivduals’s right to process a firearm, unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self defense within the home

Miranda v Arizona(1966)

Established that suspects must be informed of their rights to remain silent and have an attorney during police interrogations. The result was the creation of miranda rights

Gideon v Wainright(1963)

ruled that states must provide an attorney to defendants in criminal cases that cant afford one

McDonald v Chicago(2010)

determined that the 2nd amendment for self defense is applicable to the states through the 14th amendment. extended the protection of individual gun ownership rights nationwide

Powell v Alabama(1932)

determined that defendants must be given access to legal counsel in capital cases, emphasizing the need for fair trials and due process clause under the 14th amendment

Betts v Brady(1942)

Held that the right to appointed counsel was not required in all state criminal cases. This was overturned later by Gideon v Wainwright

prior restraint

when the government tries to restrain a story prior to it’s publication

Lawrence v Texas

ruled that laws banning same sex intercourse was unconstitutional