Supreme Court and Civil Rights Review

Flashcards for Supreme Court Cases and Civil Rights Review

What is a precedent?

A decision made legally that sets an example for other future cases.

What are Appeal Courts?

Courts that review decisions made by lower courts to see if they are constitutionally correct or need review.

What are Due Process Rights?(Summarized)

Fair treatment within the judicial system.

What rights are covered by the 5th Amendment?

No self-incrimination, no double jeopardy, right to a grand jury, eminent domain, and due process.

What are Miranda Rights?

The right to remain silent and the right to an attorney.

What was the central question in Miranda v. Arizona (1966)?

The Fifth Amendment’s protection against self-incrimination extends to the police interrogation of a suspect.

What is Freedom of Speech?

The right to express ideas and opinions freely.

What is the Exclusionary Rule?

Evidence collected illegally cannot be used in court.

What was the precedent set in Hazelwood v. Kuhlmeier concerning student publications?

Schools are allowed to control school newspapers if they are a concern to others.

What was the Supreme Court's decision in Bethel v. Fraser regarding lewd speech in schools?

The First Amendment doesn’t prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly.

What was the precedent set in NJ v. TLO regarding student searches?

Schools can search students' bags without a warrant.

What was the Supreme Court's ruling in Tinker v. Des Moines regarding students' symbolic speech?

The constitutional right of free speech does protect the symbolism of public school students.

What was the ruling in Mapp v. Ohio regarding illegally obtained evidence?

Evidence seized unlawfully, without a search warrant, cannot be used to prosecute someone criminally.

What is the Establishment Clause?

A clause that prohibits the government from establishing a state religion.

What is the current number of Supreme Court Justices?

9 justices.

What legal precedent was established in Plessy v. Ferguson?

Established the 'separate but equal' doctrine, allowing racial segregation as long as facilities were deemed equal.

What was the key outcome of the Brown v. Board of Education ruling?

Overturned Plessy, declaring that separate educational facilities are inherently unequal, leading to school desegregation.

What was the Supreme Court’s ruling in Roper v. Simmons concerning the execution of minors?

The death penalty is an inappropriate punishment for minors under the age of 18.

What does the Lemon test establish regarding government and religion?

Establishes that government action's primary purpose must be secular, must not advance or inhibit religion, and must not excessively entangle church and state.

What was the ruling in Morse v. Frederick regarding student speech and illegal drugs?

Schools can limit student speech if the students are promoting illegal drugs.

What is Reasonable suspicion?

A little bit less than probable cause, but this is needed to stop and frisk somebody.

What is Probable cause?

This is mainly for the police, and probable cause is reasonable suspicion or grounds for making a search or an arrest.

What is a Warrant?

A written order, signed by the judge, that allows a police officer to take specific action.

What were the major causes of the Civil War?

Slavery, states' rights, economic differences, and political disagreements.

What was the Missouri Compromise?

A compromise that allowed admission for Missouri to be a slave state and for Maine to be a free state.

What rights are protected by the 14th Amendment?

Guaranteed citizenship and equal protection under the law.

13th amendment

abolished slavery except as a punishment for a crime

15th amendment

guaranteed all people, regardless of race, the right to vote.

19th Amendment

Gives all people, regardless of sex, the right to vote.

26th amendment

Lowered the voting age to 18 years old.

Affirmative Action

Address historical discrimination and try to provide further opportunities for former slaves particularly in education and employment.

Affirmative action is constitutional, but quotas are not.

What was the result of University of California v. Bakke?

Grutter v Bollinger

universities are allowed to use racial preferences as a decision factor when looking at student admissions; however, acceptance or rejection of a student application cannot automatically be determined

Gratz v Bollinger

schools can tailor their admission based on diversity, but they cannot make a point system

parents V Seattle

Background: The Seattle school District allowed students to apply to any high school in the district, since certain schools often and too many students when too many students chose them as their first choice. The district used a system of tiebreakers. The second most important tiebreaker was the racial factor intended to maintain racial diversity.

Lynching

The killing of someone that’s not authorized by law, usually done by a group of individuals

Grandfather clauses

It allowed poor whites to vote by stating that if your grandfather could vote, you would be allowed to vote.

Jim Crow Laws

laws that made racial segregation legal in public facilities

Sharecropping

A system where tenant farmers would agree to work an owner’s land in exchange for a share of the crop harvest and living accommodations

De facto segregation

Social segregation that occurs naturally, often due to the community preferences

De jure segregation

Legal and forced segregation that happens in public facilities and services

Title IX

prohibits discrimination on the basis of sex in any federally funded education program or activity.

Why did Wilson end up supporting women’s suffrage?

He ended up supporting it because of their vital contributions during WW1.

Alice Paul's strategy

aggressive and radical protest tactics

Carrie Chapman Catt's strategy

State campaigns for pushing the federal constitutional amendment.

Stonewall Riots

turning point during the gay right movement.

What was don't ask, don't tell?

A rule that allowed gay, lesbian, and bisexual people to serve, as long as people didn’t know there sexual orientation.

What is full faith and marriage?

A law that means a marriage thats valid in the states should be recognized.

Equal Protection Clause

States must treat individuals in similar situations equal.

Roe V Wade

allows a person t o choose if they want an abortion or not

What is the fair labor standards act?

Laws that establishes wage, work hours, and youth employment standards

disability rights

ensuring a person has equal rights and opportunities to do what they need to do

sterilization

a process that causes a women to not give birth

Eugenics

was made to try and improve the human race by controlling who has kids

What does the 1st amendment protect?

Guarantees and protects the rights of freedom of speech, religion, press, assembly, and petition.

What does the 2nd Amendment protect?

Guarantees the right to bear arms in order to maintain a well regulated militia.

What does the 3rd Amendment protect?

Guarantees that citizens are not required to quarter soldiers in their homes.

What does the 4th Amendment protect?

Guarantees freedom from unreasonable search and seizure.

What does the 6th Amendment protect?

Guarantees the right to a speedy and public trial.

What does the 7th Amendment protect?

Guarantees the right to a jury trial in civil cases.

What does the 8th Amendment protect?

Guarantees freedom from excessive bail and cruel and unusual punishments.

What does the 9th Amendment protect?

Ensures that the enumeration of specific rights in the Constitution does not mean that other rights that are not specifically listed are not protected.

What does the 10th Amendment protect?

Reinforces the principle of federalism, stating that any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or the people at large.

What does the 12th Amendment protect?

Provides the procedure for electing the President and Vice-President, replacing the original procedure in the Constitution.

What does the 13th Amendment protect?

Prohibits slavery and involuntary servitude, except as punishment for a crime.

What does the 14th Amendment protect?

Defines citizenship, ensures due process and equal protection under the law.

What does the 15th Amendment protect?

Prohibits the denial of the right to vote based on race, color, or previous condition of servitude.

What does the 16th Amendment do?

Allows the federal government to collect an income tax.

What does the 17th Amendment do?

Establishes the direct election of U.S. Senators by popular vote.

What did the 18th Amendment do?

Prohibited the manufacturing or sale of alcohol.

What does the 19th Amendment do?

Guarantees women the right to vote.

What does the 26th amendment do?

Lowers the voting age to 18.

What does the 21th amendment do?

Repealed the 18th Amendment, ending prohibition.

What does the 24th Amendment do?

Prohibits poll taxes as a condition of voting in federal elections.