PLSC Chapter 4

District of Columbia v. Heller

2008 Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.

"clear and present danger" test

An approach to determining whether an action should be protected under the First Amendment that considers "whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.

good faith exception

An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.

Barron v. Baltimore

Bill of Rights cannot be applied to the states

Weeks v. United States

The 1914 case that said that evidence obtained through an unreasonable search and seizure cannot be used in federal trials. (exclusionary rule)

Schneck v. United States

The 1919 case that articulated the "clear and present danger" test.

Everson v. Board of Education

The 1947 case in which the Court for the first time directly articulated the principle of separation of church and state, concluding that transportation expenditures to parochial schools did not support any religious activity but rather assisted families and were therefore allowable.

Gideon v. Wainwright

The 1963 case in which the supreme court ruled that state courts are required under the 6th and 14th amendment of the constitution to provide counsel in criminal cases for defendants who cannot afford to hire their own lawyer

Griswold v. Connecticut

The 1965 case ruling that Connecticut could not prohibit the use of contraceptives by married couples, enumerating a right of privacy. Although the Constitution contains no explicit right of privacy, the Court argued that various guarantees in the First, Third, Fourth, Fifth, and Ninth Amendments create "zones of privacy" that the government has no right to invade.

free exercise of religion

The First Amendment guarantee that individuals are free to choose religious beliefs and practice them as they see fit or not to practice any religion at all.

Mapp v. Ohio

the 1961 case that extended the exclusionary rule to state trials

Miranda v. Arizona

the 1966 case that established a criminal suspect's right against self-incrimination and right to counsel during police interrogation

Roe v. Wade

the 1973 case in which the court reaffirmed the right of privacy enumerated in Griswold, balancing the mothers right to privacy against the state's interest in protecting an unborn fetus

Texas v. Johnson

the 1989 case in which the supreme court ruled that burning the American flag was a form of expression that had constitutional protection

Lawerence v. Texas

the 2003 case ruling that the government had no right to regulate or control consensual personal relationships. this case overruled bowers v. hardwick, which had allowed states to make engaging in homosexual sex a crime

Civil Liberties

the freedoms and protections against arbitrary governmental actions given to the people in a democratic society

separation of church and state

the idea that neither national nor state governments may pass laws that support one religion or all religions or give preference to one religion over others

Preferred Freedoms Doctrine

the idea that the rights provided in the first amendment are fundamental and as such the courts have a greater obligation to protect those rights than others

incorporation doctrine

the idea that the specific protections provided in the U.S. Bill of Rights are binding on the states through the "due process" clause of the Fourteenth Amendment

exclusionary rule

the rule derived from the 4th and 14th amendments that states that evidence obtained from an unreasonable search or seizure cannot be used in federal trials

balancing test

the view of freedom of expression that states the obligation to protect rights must be balanced with the impact on society of the action in question

absolutist approach

the view of the first amendment that states that the founders wanted it to be interpreted "literally" so that Congress should make no laws about the expression of views

slander

to make false or defamatory oral statements about someone

libel

to make false or defaming statements about someone in print or media

Establishment Clause

a clause in the first amendment of the constitution that states that government establish a religion

bad tendency rule

an approach to determining whether an action should be protected under the 1st amendment that considers whether the action would have a tendency to produce a negative consequence

inevitable discovery exception

an exception to the exclusionary rule that states that evidence obtained from an illegal search maybe used in court if the evidence eventually would have been discovered through legal means

right to privacy

an individuals right to be free of government interference w/o due cause or due process

mcdonald v. chicago

The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.