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1. Equal Protection Clause
a) A person who cannot afford an attorney may have one appointed by the government
\*b) Constitutional guarantee that everyone be treated equally-14th amendment
c) secret government documents published In 1971; revealed that the u.s. government had misled americans about the vietnam war.
d) Outlawed government discrimination, outlawed segregation in public businesses, outlawed unequal application of voting laws, outlawed employer discrimination, created the equal opportunity commission.
2. Strict Scrutiny
a) The wearing of arm bands by students to protest the war in Vietnam is protected by freedom of speech and cannot be prohibited by school officials (speech symbols)
b) Consent is given, exigent circumstance (evidence may be destroyed), evidence in plain view, searching in a car (mobile crime scene), upon entry of the country
\*c) A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest (national security) and is not narrowly tailored to achieve that goal \[typically race based\]
d) appointed by the president and confirmed by the senate
3. Intermediate Scrutiny
a) a brief submitted by a "friend of the court" who is not a party in a case but wants to provide useful information
b) Limited newly freed slaves rights, particularly their right to vote as it stated they must pass a literacy test and pay poll taxes in order to participate.
\*c) An intermediate standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is considered constitutional if it advances important state interest \[typically gender related\]
d) legislation passed by Congress that created the federal court system
4. Rational Basis
\*a) In U.S. constitutional law, the lowest level of scrutiny applied by courts deciding constitutional issues through judicial review. \[typically related to health safety + welfare\]
b) constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender. Was not passed due to concerns about issues such as women drafted into the military and child care.
c) upheld the death penalty was NOT cruel and unusual punishment
d) A First Amendment provision that prohibits government from interfering with the practice of religion.
5. affirmitive action
a) constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender. Was not passed due to concerns about issues such as women drafted into the military and child care.
b) A law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.
c) Ruled that a person has a constitutional right to burn the American flag. (speech symbols)
\*d) Programs designed to ensure that women, minorities, and other traditionally disadvantaged groups have full and equal opportunities in employment, education, and other areas of life.
6. Black Codes
a) Death penalty is cruel and unusual if carried out in "an arbitrary, discriminatory, and capricious manner".
\*b) Limited newly freed slaves rights, particularly their right to vote as it stated they must pass a literacy test and pay poll taxes in order to participate.
c) Programs designed to ensure that women, minorities, and other traditionally disadvantaged groups have full and equal opportunities in employment, education, and other areas of life.
d) Granted citizenship to all people born in the U.S. and declared that no state could deprive any person of life, liberty and property without due process of law
7. Jim Crow Laws
a) Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
\*b) Discriminatory laws that segregated public places under the basis of "separate but equal" \[upheld in plessy v ferguson\]
c) Consent is given, exigent circumstance (evidence may be destroyed), evidence in plain view, searching in a car (mobile crime scene), upon entry of the country
d) A court order that requires police to bring a prisoner to court to explain why they are holding the person
8. The 14th Amendment
a) a statement that presents the views of the majority of supreme court justices regarding a case
b) a decision is passed up from lower courts to be reviewed and heard
c) 1954- court decision that declared state laws segregating schools to be unconstitutional. Overturned Plessy v. Ferguson. Segregation could not create equality. (1896)
\*d) Granted citizenship to all people born in the U.S. and declared that no state could deprive any person of life, liberty and property without due process of law
9. literacy test
a) The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
\*b) A test given to persons to prove they can read and write before being allowed to register to vote. Were nearly impossible and targeted black voters.
c) Legal standard that states if enough evidence exists a to ensure the constitutionality if a search
d) Use of 14th Amendment's equal protection clause to stop the Florida recount in the election of 2000.
10. Poll tax
a) A formal writ used to bring a case before the Supreme Court from a lower court
b) States can now apply more regulation on abortion, such as requiring ultrasounds, parental consent, partner/spouse consent, and the licensing of facilities who offer the procedure.
c) Supreme Court standard that limits the kinds of laws states can pass, specifically abortion. States can only regulate or restrict abortion if such regulations do not impose an undue burden upon the woman.
\*d) A requirement that citizens pay a tax in order to register to vote
11. de jure seggregation
\*a) Segregation by legal means (Plessy v Ferguson and Jim Crow Laws)
b) activism- judges hearing a wide range of cases that have wide impacts on the nation with regards to civil rights and liberties. Restraint- judges will not hear cases and instead refer to decisions of elected officials
c) nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
d) John Roberts
12. de facto segregation
a) any information that points to illegal activity, lower standard than probable cause. Needed to conduct a stop. (Terry v Ohio)
b) Crime that harms another person, standard of proof is "beyond a reasonable doubt"
\*c) Segregation resulting from economic or social conditions or personal choice.
d) a statement that presents the views of the majority of supreme court justices regarding a case
13. Equal rights amendment
\*a) constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender. Was not passed due to concerns about issues such as women drafted into the military and child care.
b) Supreme Court standard that limits the kinds of laws states can pass, specifically abortion. States can only regulate or restrict abortion if such regulations do not impose an undue burden upon the woman.
c) A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest (national security) and is not narrowly tailored to achieve that goal \[typically race based\]
d) Intermediate federal appellate courts. Cover 13 "circuits" across America. Hear appeals from District Courts in their jurisdiction.
14. 19th Amendment
a) Football prayer case. Public prayer at school events violates establishment clause as schools are public government property.
\*b) Gave women the right to vote
c) Use of 14th Amendment's equal protection clause to stop the Florida recount in the election of 2000.
d) A law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.
15. Regents vs. Bakke
a) A requirement that citizens pay a tax in order to register to vote
b) States obligated to recognize same-sex marriage from other states.
c) Limited newly freed slaves rights, particularly their right to vote as it stated they must pass a literacy test and pay poll taxes in order to participate.
\*d) The issue was that 16 out of 100 seats for a schools admissions were reserved for minorities. said that he was entitled to individualized treatment. Court concluded that racial quotas violate the Constitution but race may be considered when making decisions regarding admissions.
16. Shelby County v. Holder
\*a) 2013 (5-4 decision) States and localities do not need federal approval to change voting laws. This made voting across the states much more diverse and in some instances more difficult for certain groups of people.
b) appointed by the president and confirmed by the senate
c) 1954- court decision that declared state laws segregating schools to be unconstitutional. Overturned Plessy v. Ferguson. Segregation could not create equality. (1896)
d) The Supreme Court had to decide whether an act of Congress or the Constitution was the "supreme law of the land" through their decision, they allocated themselves the power to determine any law unconstitutional. Establishing Judicial Review.
17. Civil Rights Act of 1964
a) Consent is given, exigent circumstance (evidence may be destroyed), evidence in plain view, searching in a car (mobile crime scene), upon entry of the country
\*b) Outlawed government discrimination, outlawed segregation in public businesses, outlawed unequal application of voting laws, outlawed employer discrimination, created the equal opportunity commission.
c) Warnings that police must read to suspects prior to questioning that advises them of their rights.
d) A formal writ used to bring a case before the Supreme Court from a lower court
18. Brown vs. Board of Education
a) Affirmed roe v. wade allowed some stater regulation on abortion but could not place an "undue burden" on women's access to abortion.
b) Because the right to privacy is not stated explicitly in the constitution.
c) Liberties- definitive rights listed in the bill of rights that cannot be infringed upon by the US government
\*d) 1954- court decision that declared state laws segregating schools to be unconstitutional. Overturned Plessy v. Ferguson. Segregation could not create equality. (1896)
19. Separate but equal
a) A formal writ used to bring a case before the Supreme Court from a lower court
\*b) Principle upheld in Plessy v. Ferguson (1896) in which the Supreme Court ruled that segregation of public facilities was legal.
c) The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
d) improperly gathered evidence may not be introduced in a criminal trial
20. Free Exercise
\*a) A First Amendment provision that prohibits government from interfering with the practice of religion.
b) The right to a private personal life free from the intrusion of government. Not stated in the Bill of Rights but is implied
c) A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest (national security) and is not narrowly tailored to achieve that goal \[typically race based\]
d) Death penalty is cruel and unusual if carried out in "an arbitrary, discriminatory, and capricious manner".
21. Limits of the Free Exercise Clause
\*a) - cannot violate criminal laws, cannot offend public morals, cannot threaten health, welfare or safety of community, compelling government interest
b) Segregation by legal means (Plessy v Ferguson and Jim Crow Laws)
c) A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure.
d) States can now apply more regulation on abortion, such as requiring ultrasounds, parental consent, partner/spouse consent, and the licensing of facilities who offer the procedure.
22. Why is there an issue with Prayer in schools?
\*a) The idea is that prayer on school grounds, which are public government grounds, are in violation of the establishment clause that states congress cannot promote an "official" or state sponsored religion. It is also stated that mandatory prayer could violate the religious freedoms of other children who are not of that religion.
b) freedom of speech, press, and assembly \[when and where can censorship occur? what can be regulated in the media? etc\]
c) a brief submitted by a "friend of the court" who is not a party in a case but wants to provide useful information
d) Constitutional guarantee that everyone be treated equally-14th amendment
23. Freedom of Expression concepts
a) Established that there is an implied right to privacy in the U.S. Constitution, struck down law that forbid married couples contraceptives
b) establishes exclusionary rule, evidence seized illegally can't be used in state courts. Only exception is if a search is conducted in "good faith" (the evidence would be found anyways)
\*c) freedom of speech, press, and assembly \[when and where can censorship occur? what can be regulated in the media? etc\]
d) 1954- court decision that declared state laws segregating schools to be unconstitutional. Overturned Plessy v. Ferguson. Segregation could not create equality. (1896)
24. Pentagon Papers
a) Football prayer case. Public prayer at school events violates establishment clause as schools are public government property.
b) Crime that harms another person, standard of proof is "beyond a reasonable doubt"
\*c) secret government documents published In 1971; revealed that the u.s. government had misled americans about the vietnam war.
d) The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
25. When is a search warrant not needed?
a) activism- judges hearing a wide range of cases that have wide impacts on the nation with regards to civil rights and liberties. Restraint- judges will not hear cases and instead refer to decisions of elected officials
\*b) Consent is given, exigent circumstance (evidence may be destroyed), evidence in plain view, searching in a car (mobile crime scene), upon entry of the country
c) a law that declares a person, without a trial, to be guilty of a crime
d) appointed by the president and confirmed by the senate
26. trends in death penalty
a) Incorporated the 2nd Amendment right to bear arms to the states, but ownership is not absolute as some regulation is allowed.
\*b) Usage has declined by 74% in the passed decade
c) secret government documents published In 1971; revealed that the u.s. government had misled americans about the vietnam war.
d) The wearing of arm bands by students to protest the war in Vietnam is protected by freedom of speech and cannot be prohibited by school officials (speech symbols)
27. Why is the right to privacy controversial?
a) improperly gathered evidence may not be introduced in a criminal trial
b) Consent is given, exigent circumstance (evidence may be destroyed), evidence in plain view, searching in a car (mobile crime scene), upon entry of the country
c) 1954- court decision that declared state laws segregating schools to be unconstitutional. Overturned Plessy v. Ferguson. Segregation could not create equality. (1896)
\*d) Because the right to privacy is not stated explicitly in the constitution.
28. Abortion laws afrer Planned Parenthood v Casey
\*a) States can now apply more regulation on abortion, such as requiring ultrasounds, parental consent, partner/spouse consent, and the licensing of facilities who offer the procedure.
b) a law that declares a person, without a trial, to be guilty of a crime
c) Supreme Court standard that limits the kinds of laws states can pass, specifically abortion. States can only regulate or restrict abortion if such regulations do not impose an undue burden upon the woman.
d) Rights- guarantees by the government that will ensure equal treatment of citizens, legal protection from discrimination
29. Burning crosses and free speech cases
a) The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
\*b) The court has not protected cross burning directly, but laws banning burning crosses have been struck down
c) The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
d) appointed by the president and confirmed by the senate
30. Limits on freedom of expression
a) The issue was that 16 out of 100 seats for a schools admissions were reserved for minorities. said that he was entitled to individualized treatment. Court concluded that racial quotas violate the Constitution but race may be considered when making decisions regarding admissions.
b) The idea is that prayer on school grounds, which are public government grounds, are in violation of the establishment clause that states congress cannot promote an "official" or state sponsored religion. It is also stated that mandatory prayer could violate the religious freedoms of other children who are not of that religion.
c) Segregation by legal means (Plessy v Ferguson and Jim Crow Laws)
\*d) When there is "clear and present danger to national interest", when speech is "inciting or producing imminent lawless action", when speech is "likely to incite or produce lawless action"

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