Chapter 4 and 5 AP Gov
Roth v us
"utterly without redeeming social importance" has to do with the first amendment and obscenity
Gideon v. Wainwright
(6th amendment)sets precedent for counsel. Not a capital crime nor did it involve 'special circumstances'. Led to Betts v. Brady decision being overturned Has led to costing the courts millions of dollars per year
Bradwell v illinois
- Myra Bradwell passes Illinois bar exam but is denied admission to the Illinois Bar
Mexican American Legal Defense and Educational Fund
MALDEF stands for...
fighting words
Since the decision in Chaplinsky v. New Hampshire (1942), this type of utterance which includes profanity, obscenity and threats is subject to regulation by federal and state governments.
muller v oregon
State Law limiting women to 10 hour work days
Plessy v. Ferguson (1896)
Supreme court case that challenged a Louisiana statue requiring that railroads provide separate accommodations for blacks and whites. The court found that separate-but-equal accommodations did not violate the equal protection clause of the 14th amendment
19th amendment
amendment to the constitution that guaranteed women the right to vote
incorporation doctrine
an interpretation of the constitution holding that the due process clause of the 14th amendment requires state and local governments to guarantee the rights stated in the Bill of Rights
hate speech
any communication that belittles a person or group on the basis of characteristics
religion
both School District of Abington Township Penn. v. Schempp and lemon v. kurtzman were cases regarding the establishment of _____
8th amendment
cruel and unusual punishment and excessive bail and fine are forbidden by which amendment?
stromberg v. california
led to being able to speak symbolically
elective office
one area in which african americans have made a substantial progress since the 1960s is
5
protection against self-incrimination is protected by which amendment?
Habeas corpus
rights imply that prisoners have the right to know what charges are being made against them
Griswold v. connecticut
what case incorporated the right to privacy
2nd amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
gender
If adopted the ERA would have banned discrimination based upon
de jure discrimination
In Swann v. Charlotte- Mecklenburg School District (1971), the Supreme Court ruled that 'all vestiges of state-imposed segregation' must be eliminated. This form of segregation Is also known as __ ____ ______________.
peremptory challenges
In order that juries reflect a fair cross-section of the community, this practice may no longer be used to exclude African American jurors?
the doll study
Kenneth Clark, a prominent African American sociologist is best known for this research that revealed the negative effects of segregation on African American children
jim crow laws
Laws enacted by southern states that required segregation in public schools, theaters, hotels, and other public accommodations
SNCC (Student Non-Violent Coordinating Committee)
Plans to stage sit-ins and freedom rides were coordinated by this student led organization who met at Shaw University in North Carolina
the right to confront witnesses
Testimony by a murder victim prior to their death may not be admissible in court due to this Sixth Amendment protection.
the death penalty
The Supreme Court put a stop to this in Furman v. Georgia (1972) and later permitted its use in Gregg v. Georgia (1976) after several state legislatures altered their sentencing practices.
Legal Defense Fund
This arm of the NAACP was headed By Thurgood Marshall who actively pursued test cases to challenge the constitutionality of Jim Crow law schools.
Brandeis briefs
This array of sociological and medical data used to document women's unique status as mothers led to the decision in Muller v. Oregon.
reasonable suspicion
This is all that is needed for the police to conduct a warrantless 'stop and frisk' search if he/she suspects a crime is about to be committed or a crime is in progress.
EEOC (Equal Employment Opportunity Commission)
This regulatory agency was created in the Civil Rights act of 1964 to monitor and enforce the bans on employment discrimination.
exclusionary act
This remedy which was adopted during the Warren Court to discourage the practice by prosecutors to use illegally seized evidence at a trial has been offset with good faith exceptions, and inevitable discovery exceptions during the Burger and Rehnquist Courts.
Griggs v. Duke Power Company (1971)
Title VII of the Civil Rights Act violation Employer held liable for discriminatory employment practice High school education and test requirement for promotion eligibility Duke has burden of proof in showing that tests were "a business necessity" "business necessity" notion important in future cases involving suits of discrimination against women in employment
Brown v. Board of Education (1954)
U.S. supreme court decision holding that school segregation is inherently unconstitutional because it violates the 14th amendment's guarantee of equal protection
Mapp v. Ohio (1961)
Warren Court ruling led to incorporation of the 'exclusionary rule' While searching Mapp's house for a fugitive suspecting in a bombing, pornographic materials were confiscated and she was brought up on charges. No warrant was issued by the courts for this search.
actions of governments, not private individuals
a clause of the 14th amendment guarantees all citizens receive "equal protection under the law" The restraints of equal protection apply to
libel
a false written statement that defames a person's character
strict scrutiny
a heightened standard of review used by the supreme court to determine the constitutional validity of a challenged practice
selective incorporation
a judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the states via the 14th amendment
Miranda v. Arizona (1966)
a landmark supreme court ruling holding that the 5th amendment requires individuals arrested for a crime to be advised of their rights to remain silent and to have counsel present
bill of attainder
a law declaring an act illegal without a judicial trial
rational basis
a standard developed by the courts to test the constitutionality of a law; when applied, a law is constitutional as long as it meets a reasonable government interest
poll tax
a tax levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot
de facto
affirmative action laws are designed to remedy which kind of discrimination?
Minor v happersett
based on an interpretation of the Privileges or Immunities Clause of the Fourteenth Amendment. The Supreme Court readily accepted that Minor was a citizen of the United States, but it held that the constitutionally protected privileges of citizenship did not include the right to vote. Natural born citizen
New York Times Co. v. sullivan (1964)
case in which the supreme court concluded that "actual malice" must be proven to support a finding of libel against a public figure
hernandez v texas
case that states Mexican Americans entitled to jury that includes Mexicans
suspect classification
category or class, such as race, that triggers the highest standard of scrutiny from the supreme court
individual group
civil liberties have to do with ____ protections while civil rights are protections on the basis of ____ attributes
due process clause
clause contained in the 5th and 14th amendments; over the years, it has been construed to guarantee a variety of rights to individuals
prior restraint
constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the 1st amendment
fundamental freedoms
defend by the court as essential to order, liberty, and justice - are subject to the court's most rigorous standard of review
conneticut v. cantwell
incorporated the free exercise clause
dejonge v. oregon
incorporation case for freedom of assembly (1st amendment)
Gideon v wainwright
it extended the right to counsel to the poor and to cases tried in state courts
substantive due process
judicial interpretation of the 5th and 14th amendments' due process clauses that protects citizens from arbitrary or unjust state federal laws
exclusionary rule
judicially created rule that prohibits police from using illegally seized evidence at trial
ex post facto law
law that makes an act punishable as a crime even if the action was legal at the time it was committed
black codes
laws denying most legal rights to newly freed slaves; passed by southern states following the Cvil War
near v. minnesota
led to the incorporation of the freedom of press. First case in which the SC found a state law to violate freedom of the press in which it recognized the press's immunity from prior acts of restraint.
Equal Pay Act of 1963
legislation that requires employers to pay men and women equal pay for equal work
civil rights cases (1883)
name attached to five cases brought under the Civil Rights Act of 1875. In 1883, the supreme court decided that discrimination in a variety of public accommodations, including theaters, hotels, and railroads, could not be prohibited by the act because such discrimination was private, not state, discrimination
15th amendment
one of the three Civil War Amendments; specifically enfranchised newly freed male slaves
13th amendment
one of the three civil war amendments: bans slavery in the United States
14th amendment
one of the three civil war amendments; guarantees equal protection and due process of the law to all U.S. citizens
double jeopardy clause
part of the 5th amendment that protects individuals from being tried twice for the same offense in the same jurisdiction
1st amendment
part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition
5th amendment
part of the bill of rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime, it provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without the due process of law. it also prevents the national government from taking property without compensation
9th amendment
part of the bill of rights that makes it clear that enumerating rights in the constitution or bill of rights does not mean that others do not exist
4th amendment
part of the bill of rights that reads: "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
6th amendment
part of the bill of rights that sets out the basic requirements of the procedural due process for federal courts to follow in criminal trials. these include speed and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel
writs of habeas corpus
petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government's case does not persuade the judge.
affirmative action
policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group
religious freedom restoration act
prevents federal government from making policy decisions that limit an individual's free exercise
equal rights amendment
proposed amendment to the constitution that states "equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex"
Title IX
provision of the Education Amendments of 1972 that bars educational institutions that receive federal funds from discriminating against female students
de facto discrimination
racial discrimination that results from practice (such as housing patterns or other social or institutional, nongovernmental factors) rather than the law
de jure discrimination
racial segregation that is a direct result of law or official policy
equal protection clause
section of the 14th amendment that guarantees all citizens receive "equal protection of the laws"
Mirada rights
statements required of police that inform a suspect of his or her constitutional rights protected by the 5th amendment, including the right to an attorney provided by the court if the suspect cannot afford one
1
symbolic speech is protected by which amendment?
symbolic speech
symbols, signs, and other methods of expression generally considered to be protected by the 1st amendment
direct incitement test
test articulated by the supreme court in Brandenburg v. Ohio (1969) holding that the 1st amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur
clear and present danger test
test articulated by the supreme court in schenck v. U.S. (1919) to draw the line between protected and unprotected speech; the court looks to see "whether the words used" could "create a clear and present danger that they will bring about substantive evils" that congress seeks "to prevent"
dred scott v stanford
the Supreme Court ruled that slaves were not citizens of the United States.
due process clause of the 14th amendment
the bill of rights begins with the words "Congress shall make no law..." telling the reader that the Bill of Rights intended to protect citizens only from the national government. Yet, most of the provisions in the Bill of Rights now limit the states as well. Which provisions is most relevant in explaining that change?
suffrage movement
the drive for voting rights for women that took place in the United States from 1890 to 1920
10th amendment
the final part of the bill of rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people
Bill of rights
the first 10 amendments to the U.S. Constitution, which largely guarantee specific rights and liberties
establishment clause
the first clause of the 1st amendment; it directs the national government not to sanction an official religion
civil rights
the government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals
freedom of expression
the individual right considered to be the most fundamental of all the rights in the Bill of Rights is ___
8th amendment
the part of the bill of rights that states: "excessive bail shall not be required, no excessive fines imposed, nor cruel and unusual punishments inflicted"
civil liberties
the personal guarantees and freedoms that the government cannot abridge by law, constitution or judicial interpretation
prior restraint
the right of government to keep a newspaper from publishing information that would be harmful to the reputation of politicians who led a military conflict would be denied as ____ ____
right to privacy
the right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the first, third, fourth, ninth, and 14th amendments
free exercise clause
the second clause of the 1st amendment; it prohibits the U.S. government from interfering with a citizen's right to practice his or her religion
new york times v. the united states
the supreme court case that dealt with the publication of the "Pentagon Papers" was _____
Roe v. Wade (1973)
the supreme court found that a woman's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the 14th amendments
Engel v. Vitale (1962) (Establishment Clause)
the supreme court ruled that the reciting of a state-required prayer in public school constituted an impermissible establishment of religion under the First Amendment. What case incorporated this?
gitlow v. new york
the supreme court, in 1925, ruled that the first amendment applied to the states in ________
dred scott v sandford
the thirteenth amendment effectively invalidated which supreme court decision?
civil liberties
these are personal guarantees and freedoms that the government cannot abridge by law and are not absolute and must be balanced against other considerations
zellman v sommers
this case led to the voucher program
california v bakke
this case the supreme court ruled that affirmative action admissions to a medical school could cause "reverse discrimination"
lemon test
three-part test created by the supreme court for examining the constitutionality of religion establishment issues
slader
untrue spoken statements that defame the character of a person
grandfather clause
voter qualification provision in many southern states that allowed only those citizens whose grandfathers had voted before Reconstruction to vote unless they passed a wealth or literacy test
Equal Employment opportunity commission
was created due to the civil rights act of 1964 and it was to monitor and enforce bans on employment discrimination.
equal rights amendment
what bars educational institutions that receive federal funds from discriminating against female students?
ferman v. georgia and gregg v. georgia
what two cases incorporate the 8th amendment, "prohibits cure and unusual punishments"
grand jury indictment provision of the 5th amendment
which provision is most relevant in explaining the incorporation of the bill of rights against the states?
korematsu v united states
which supreme court case upheld the placing of Japanese citizens in internment camps during World War II
miller v. california
which supreme court case, in 1973, in an attempt to redefine obscenity, ruled that local standards might affect the assessment of obscenity
Civil Rights Act of 1964
wide-ranging legislation passed by Congress to outlaw segregation in public facilities and discrimination in employment, education, adn voting; created the Equal Employment Opportunity Commission
