Unit 3 (ch 6-9)

Federalist #78 – Written by Alexander Hamilton, it argues for the judiciary's role as the least powerful branch, advocating judicial review to protect against abuses by Congress. Advocated need for strong judiciary and introduced judicial review.

Certiorari – An order by a higher court to review the decision of a lower court.

Stare decisis – "To stand by things decided"; a principle that courts should follow precedents set in previous cases.

Precedent – A previous court decision that influences the rulings in future similar cases.

Judicial Activism vs. Judicial Restraint – Judicial activism refers to judges making decisions based on personal views or policy considerations, while judicial restraint emphasizes sticking closely to statutes and precedents.

In forma pauperis – A way for people with limited means to proceed in court without paying fees.

Opinions of the Court – Written explanations of the Court's decisions, including majority, concurring, and dissenting opinions.

Amicus Curiae Briefs – "Friend of the court" briefs filed by outside parties to provide information or perspectives to the court.

Selective Incorporation – The process of applying certain rights in the Bill of Rights to the states using the 14th Amendment’s Due Process Clause.

Due Process (5th and 14th Amendments) – Legal requirement that the government respects all legal rights owed to a person, with the 5th applying to federal government actions and the 14th extending it to states.

Prior Restraint – Governmental restriction of information before it is published, generally seen as unconstitutional under the First Amendment.

Symbolic Speech – Actions that purposefully convey a particular message, protected under the First Amendment.

Wall of Separation – Concept that the First Amendment creates a "wall" separating church and state.

Establishment and Free Exercise Clauses (1st Amendment) – The Establishment Clause prohibits government-established religion; the Free Exercise Clause protects religious practices.

Lemon Test and Litmus Test – The Lemon Test, from Lemon v. Kurtzman, assesses whether laws violate the Establishment Clause. A "litmus test" is a criterion used by officials to evaluate ideological positions.

Search and Seizure (4th Amendment) – The Fourth Amendment protects against unreasonable searches and seizures.

Exclusionary Rule – Prohibits evidence obtained illegally from being used in court, with exceptions like "inevitable discovery" and "good faith."

Self-Incrimination (Miranda v. Arizona) – The right to remain silent to avoid self-incrimination, established by Miranda v. Arizona.

Death Penalty – Capital punishment, subject to limitations under the Eighth Amendment against "cruel and unusual punishments."

Right to Privacy – The concept, inferred from various amendments, protects personal privacy from government intrusion.

Reconstruction Amendments (13th-15th Amendments) – Post-Civil War amendments: abolished slavery (13th), granted citizenship and equal protection (14th), and protected voting rights (15th).

Circumventing the 15th Amendment – Techniques like literacy tests and poll taxes used to prevent African Americans from voting despite the 15th Amendment.

Plessy v. Ferguson – 1896 case that upheld "separate but equal" segregation; later overturned by Brown v. Board of Education.

19th Amendment – Granted women the right to vote in 1920.

ERA (Equal Rights Amendment) – Proposed amendment to guarantee gender equality, not ratified.

Title IX (Title 9) – Part of the Education Amendments of 1972 that prohibits sex discrimination in federally funded educational programs.

Lawrence v. Texas – 2003 case that struck down sodomy laws, expanding privacy rights to same-sex consensual acts.

Obergefell vs. Hodges – 2015 case that legalized same-sex marriage nationwide.

Affirmative Action – Policies that provide advantages to groups historically discriminated against; challenged in multiple court cases.

Bakke Case (Regents of the University of California v. Bakke) – 1978 case allowing affirmative action but ruling that racial quotas are unconstitutional.

Marbury vs. Madison – Established judicial review, allowing the Supreme Court to declare laws unconstitutional.

Schenck vs. US – 1919 case establishing limits on free speech during wartime (clear and present danger test).

Tinker v. Des Moines – Protected student symbolic speech, such as wearing armbands to protest.

NY Times vs. US – Ruled that prior restraint on the Pentagon Papers was unconstitutional, bolstering press freedom.

Engel v. Vitale – Declared school-sponsored prayer in public schools unconstitutional.

Wisconsin v. Yoder – Protected Amish families’ right to not send children to school past 8th grade due to religious beliefs.

McDonald v. Chicago – Incorporated the Second Amendment right to bear arms to the states.

Gideon vs. Wainwright – Guaranteed the right to an attorney in felony cases, even if one cannot afford it.

Roe v. Wade – Landmark decision that protected the right to abortion; later overturned in 2022.

Brown v. Board of Education – Overturned Plessy v. Ferguson, ending legalized racial segregation in schools.

“Letter from a Birmingham Jail” – Written by Martin Luther King Jr., it defends nonviolent protest against racial injustice and critiques moderate whites for not supporting desegregation efforts more actively.