chapter 4 gov

14th amendment

(1) All persons born in the U.S. are citizens; (2) no person can be deprived of life, liberty or property without DUE PROCESS OF LAW; (3) no state can deprive a person of EQUAL PROTECTION of the laws. Second of three "Reconstruction Amendments" passed after Civil War.

school district of abington township v schempp

(1963) ruled against prayer and Bible readings in public schools (separation of church and state)

roe v. wade

(1973) legalized abortion on the basis of a woman's right to privacy

equal protection clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

lemon vs. kurtzman

1971 to finding government action isms dealing with religion - must not inhibit or advanced collision and does not in Tangled the government with religion

miller v. california

1973 ruling that determined the obscenity clause to related to works that lack literary, artisitic, political or scientific value. (LAPS test)

free excercie clause

1st amendment provision that prohibits government from interfering with practice of religion

internal security act of 1950

A 1950 act requiring the registration of all communists

planned parenthood v. casey

A 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation.

citizens united

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)

plea bargaining

A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.

fifth amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

ex post facto laws

A law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.

imminent action

A legal test that says government cannot lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at producing, and is likely to produce this.

miranda rights

A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.

engel v. vitale

A nondenominational prayer was authorized to be said at the start of each day at local public schools. Result: The prayer violated the establishment clause. = 1st A.

exclusionary rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

religious pluralism

Accepting all religions as having an equal right to coexist

gideon v. wainright

All defendants in serious criminal cases were entitled to legal counsel, even if they were too poor to afford it

moment of silence

Allows meditation or voluntary prayer

judicial review

Allows the court to determine the constitutionality of laws

eminent domain

Allows the govt to take property for public use but also requires the govt to provide just compensation for that property

habeas corpus

An order to produce an arrested person before a judge.

first amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

procedural due process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

clear and present danger test

Government can interfere with speech if it will lead to evil or illegal acts.

right to counsel

Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation.

miranda v. arizona

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.

bill of attainder

a law that punishes a person accused of a crime without a trial or a fair hearing in court

selective incorporation

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.

right to privacy

The right to a private personal life free from the intrusion of government.

roth v. united states

a 1957 Supreme Court decision ruling that obscenity is not within the area of constitutionally protected speech or press.

search warrant

a writte authorization from a court specifying the area to be searched and what the police are searching for

good-faith exception

an error in gathering evidence sufficiently minor that it may be used in a trial

commerical speech

communication in the form of advertising, which can be restricted more than any other type of speech

establishment clause

congress shall make no law respecting the establishment of a religion (1st amendment)

wall of separation

court ruling that government cannot be involved with religion A Supreme Court interpretation of the establishment clause in the First Amendment that prevents government involvement with religion, even on a nonpreferential level.

8th amendment

cruel and unusual punishment

near vs minnesota

determined that government can't use prior restraint ( govt can't censor ideas before they are published)

gitlow v. new york

freedoms of press and speech are fundamental personal right and liberties proected by rhe due process clause of the 14th amendment

prior restraint

government actions preventing material from being published. 1st amendment

incorporation doctrine

legal concept under supreme court has nationalized bill of rights by making most of its provisions applicable to states through 14th amendment

communications decency act

made it illegal to make indecent sexual material on internet accessible to anyone 18 or under. It was unconstitutional because of the 1st amendment.

school vouchers

movement dating to the 1950s to allow taxpayer dollars to be given to families to use at whatever public, private, or parochial schools they choose.

symbolic speech

nonverbal communication such as burning a flag or wearing an armband

unreasonable searches and seizures

obtaining evidence in a haphazard or random manner, a practice prohibited by the 14th. prob cause and search warrent are required for a legal and proper search for and seizure of incriminating evidence.

due process clause

part of 14th amendemnt guranteeeing that person cannot be depreived of life, liberty or property without due process of law

cruel and unusual punishment

prohinited by 8th amendment

libel

publication of falses and malicious statements that damage someone's reputation

schenk v. united states

rights can be revoked if it is a danger to the national security

sixth amednment

speedy and public trial Right to speedy and public trial; right to ajury; right to face your accuser; right to an attorny

barron v. baltimore

the 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities

NAACP vs. alabama

the 1958 supreme court decision that the right to assemble meant alabama could not require the state chapter of naacp to reveal its membership list

right to privacy

the right to a private personal life free from intrusion of governmentr

probable cause

the situation in whihc the police have reasonable grounds to believe that a person should be arrested

self-incrimination

the situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court

zelman vs. simmons-harris

upheld a state program providing families with vouchers that could be used to pay for tuition at religious schools

privelages and immunities clause

your rights in other states (e.g. couldn't be denied entrance)