judiciary and rights test 👩🏽‍⚖️

  • letter from a birmingham jail

    • citizens have rights to disobey unjust laws

    • peaceful protests

  • 3 evaluation tests of scrutiny

    • strict scrutiny (highest level) - hardest for government to justify, must be very important

    • intermediate scrutiny - gov needs strong reason but not too hard

    • rational basis (lowest level) - easy for gov to justify

  • title IX

    • prohibits discrimination based off sex on any program that requires federal funding like sports

  • miranda v. AZ

    • police must tell you your rights when your arrested esp that you have the right to remain silent

  • mapp v. OH

    • (exclusionary rule) evidence found through an illegal search cant be used in court

  • NYT v. US

    • gov cant stop press from publishing something because it violates first amendment on freedom of press

  • schenck v US

    • speech can be limited if it poses a clear and present danger to public safety

  • tinker v des moines

    • students have the right to protest at school through symbolic speech because freedom of speech

  • grisworld v. CT

    • law banning birth control is unconstitutional and violates right to privacy and isnt directly stated in constitution

  • selective incorporation

    • bill of rights applies to states through due process clause of 14th amendment

  • civil rights act of 1964

    • banned discrimination off race, color, religion, sex, etc. in public places

  • obergefell v hodges

    • same-sex marriage is constitutional under the 14th amendment w equal protection and due process

  • due process clause in the 5th amendment

    • applies to state governments

  • affirmative action

    • a way for schools or employers to help people who were unfairly treated in the past

  • death penalty

    • when a person is legally executed for a serious crime like murder

  • gideon v. wrainwight

    • states must provide a lawyer to those who can afford one through the 6th amendment

  • de facto

    • something that exists by practice but not required by law such as segregation by peoples actions

  • de jure

    • something that exists by law such as segregation when it was required by the jim crow laws

  • wisconsin v. yoder

    • amish children dont have to attend school past 8th grade because of freedom of religion and free exercise clause of 1st amendment

  • voting rights act of 1965

    • banned literacy tests and poll taxes and eliminated racial discrimination in voting

  • judicial review

    • courts esp supreme court can review laws and government actions to see if theyre constitutional and can strike it down

  • original jurisdiction

    • court has the authority to hear a case and its facts for the first time

  • appellate jurisdiction

    • court has the authority to head a case that has been already heard by a lower court and review decisions

  • civil liberties v. civil rights

    • liberties - protection against the government

    • rights - protection against discrimination

  • miranda rights

    • rights read to an arrested person like the right to remain silent

  • NAACP fought thru lawsuits

    • used lawsuits like brown v board to fight racial discrimination

  • 8th amendment

    • protects against cruel and unusual punishment

  • senatorial courtesy

    • senators from a state must approve a federal judge nominee (nominated by president) from that state

  • writ of certiorari

    • a court order to review a case from a lower court

  • stare decisis

    • “let the decision stand” courts follow previous rulings

  • amicus curaie brief

    • “a friend of the court” files additional information about a case and isnt directly involved

  • writs

    • writes are court orders

  • establishment clause

    • government cant officiate a religion

  • free exercise clause

    • people can practice their religion freely

  • ex post facto laws

    • laws that punish acts that were not illegal when committed.

  • bills of attainder

    • laws that punish people without trial

  • writ of habeas corpus

    • protects against unlawful detention; a court order to bring someone in front of a judge

  • korematsu v. us

    • japanese internment camps were constitutional at the time

  • dred scott v. stanford

    • african americans were not citizens and didn’t have the right to sue

  • equal pay act of 1963

    • requires equal pay for men and women doing the same job

  • violence against women act

    • federal law to protect women from domestic violence and abuse

  • glass ceiling and wage differentials

    • barriers preventing women and minorities from reaching top jobs; gender wage gaps

  • dont ask dont tell

    • military policy banning openly gay people from serving (repealed)

  • defense of marriage act of 1966

    • defined marriage as between a man and woman; overturned by Obergefell v. Hodges

  • 26th amendment

    • lowered the voting age to 18

  • grutter v. bollinger canyon

    • the Court upheld race as a factor in college admissions (affirmative action)

  • gratz v bollinger

    • the Court ruled that the University of Michigan's point system for admissions was unconstitutional

  • rights of the accused

    • rights such as right to an attorney, right to remain silent, and protection against self-incrimination