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| personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation |
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| protects arbitrary or discriminatory treatment by government or individuals |
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| What were the 3 opposition to the Bill of Rights? |
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| most states had one, dangerous for dederal government to have more powers, and impractical to enforce |
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| What does the 9th Amendment makes clear? |
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| makes it clear that other rights exist |
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| powers not delegated to National government are reserved to the states |
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| 1833; Supreme court ruled the national bill of rights limited actions of national government and not states |
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| protection of state infringement on bill of rights |
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| in 5th and 14th amendments; makes provisions in bill of rights applicable to states |
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| states had to prove that their laws were a valid exercise of their power to regulate health, welfare, and morals of citizens |
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| 1925; Benjamin Gitlow went to court for trying to overthrow US government. Supreme Court said that states could not limit form of political expression.; violated 14th Amendment |
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| interpretation of Constitution holding due process clause of 14th Amendment, requiring state to guarantee rights in Bill of Rights |
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| 1931; state law violated US constitution's freedom of press |
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| 1937; guilty of first-degree murder 2 times making appeals that resulted in double jeopardy in 5th amendment |
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| most of bill of rights made applicable to states via 14th amendment |
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| rights essential to order, liberty, and justice |
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| restrict federal government from imposing a religion on people, including taking away freedom of speech, press, assembly, and petition |
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| 1st clause of 1st Amendment; not imposing official religion |
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| 2nd clause of the 1st Amendment; prohibits government from interfering with citizen's rights to practice religion |
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| 1971; Created the Lemon test |
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| a practice or policy is constitutional if: it had a secular purpose, it did not advance or inhibit religion, it did not foster an excesssive government entanglement with religion |
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| Christian Legal Society v Martinez |
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| Court ruled the University of California College of Law to deny if it wanted funding and recognition of a religious group because the group limited its membership to those of religion |
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| What does the Religious Freedom Restoration Act do? |
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| Makes it harder for states to intefere with how people practice religion |
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| doctrine prohibiting government from taking away speech and publication |
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| ban criticism against government; later this was overruled |
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| 1917; convict those violating the provisions that urge resistance to the draft |
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| 1919; congress had a right to uphold ruling in times of war and danger |
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| clear and present danger test |
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| a test seeing if words used would inflict danger on others |
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| advocacy of illegal action is protected by 1st amendment unless lawless action will occur |
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| symbols, signs, and other methods of expression considered protected by 1st amendment |
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| 1931; court ruled a California statute banning red flags to be unconstitutional |
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| Tinker v Des Moines Independent Community School District |
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| 1969; a policy of a school to ban black armbands to protest Vietnam war was ruled unconstitutional |
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| Who handles racial intimidation? |
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| 1939; abled those to have an ordinary military weapon under National Firearms Act but banned sawed-off shotguns |
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| 2008; ruled that individuals had right to own a fireamr for personal use under 2nd Amendment |
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| authorities are required to prove a perisoner is being held lawfully and is allowed free if judge isn't persuaded by case; also gives accused person right to know of charges and accusations made against him or her |
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| laws making an act punishable as a crime even if the act was legal at the time committed; this is prohibited |
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| Article 1 prohibits this law that declares an act illegal without a judicial trial |
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| Name the Amendments under due process rights? |
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| Protects people from unreasonalbe searches by federal government so abuse from government would not happen; allows police to search person arrested, search things in plain view, search places or things that arrested person could touch or reach |
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| How can a law official search without a warrant? |
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| with a reasonable suspicion or if everyone inside of home/occupation agree |
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| No trespassing field can be searched without warrant because cannot expect privacy in an open field |
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| 1 restricts on federal government with respect to rights of persons suspected; 2 provides for grand jury and protection against self-incrimination; 3 prevents national government from denying a person life, liberty, or property without due process of law; 4 and prevents national government from taking property without just compensation |
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| 1966; 5th Amendment ruling; a right to remain silent; he was forced to incriminate himself |
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| statement police must inform suspects; right to remain silent, right to attourney |
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| 5th amendment protecting people from being tried twice for the same offence int eh same jurisdiction |
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| prohibits police from using illegally seized evidence at trial; used in Mapp v Ohio |
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| 1961; Warren Court ruled that all evidence obtained by searches and seizures in violation to the Constitution is inadmissible in a state court |
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| allowing use of tainted evidence when police have warrant, and conduct search on assumption that warrant is valid |
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| the evidence maybe introduced if it would've been discovereed in the course of continuing investigation |
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| 1 sets basic requirements for procedural due process for federal courts in trials; 2 includes speedy and public trials, 3 impartial juries, 4 trial-in-state of committed crime,5 notice of charges, 6 obtain witnesses, 7 and right to counsil; involved Gideon v Wainwright |
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| 1963; court ruled that states have to supply the right to counsil (lawyer); He was denied council by Florida; ruled that bill of rights is made obligatory upon the states by the 14th Amendment; this overruled Betts v Brady |
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| 1 No excessive bail that accused can't afford, or 2 excessive fines, 3 nor cruel or unusual punishment |
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| 1972; Court put an end to capital punishment |
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| 2006; DNA testing wasn't granted; isn't a constitutional right |
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| 1965; Connecticut law provent to be violating 1st, 3rd, 4th, 9th, and 14th Amendment; the law prohibited dissemination of information about sale of controceptive |
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| unstated liberties on the fringes or in the shadow of more explicitly stated right |
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| 1973; woman's rights to abortion was protected by right to privacy; 14 amendment |
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| Planned Parenthood of Southeastern Pennsylvania v Casey |
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| 1992; Pennsylvania can limit abortions as long as it didn't put a burden on pregnant women |
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| Webster v Reproductive Health Services |
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| 1989; state required fetal viability tests in 2nd trimester, no abortions in state-funded and supported hospitals, doctors, nurses |
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| 2003; overruled Bowers v Hardwick of the anti-sodomy laws found unconstitutional |
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| What did the US Patriot Act violate? |
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| 1st amendment freedom of speech and respect for religion acts; gave FBI permission to do illegal searches and seizures, spy to collect information all without a warrant; judicial oversight is nonexistent |
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| Military Commissions Act of 2006 |
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| alien victims of tortur were not protected under habeas corpus giving government right to jail suspects of terrorism without any opportunity to file a writ to habeas corpus |
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| What Amendments went against terrorist detainees? |
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| published abusive language about Us of war with Germany, published to encourage resistance to US, and curtailment of production of weapons for the war; court favored him because he was exercising Freedom of Speech/ first amendment and only present danger of immediate attention can set a limitation on 1st amendment. |
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| What was the 1st case to present right to privacy? |
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| Griswold v Connecticut 1965 |
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| 2002; court says state can give money to families to go to private/ religious schools |
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| 1963; In South Carolina, lady chose to excercise her religion on a differen day than the Sabbath (Sunday) and therefore got fired; court ruled against her getting fired |
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| City of Hialeah v Church of Lukumi Babale Aye |
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| 1993; In Florida; in city of Hialeah made laws against religion; Court ruled against religious laws because they were specific to the religion |
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| 1987; Muslim prisoner not having right to practice religion because of national security; tension between US and Middle East |
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freedom of religion
Engle v Vitale (1962) residing prayers in public schools was unconstitutional even though it was a nondenominational prayers; unconstitutional because of the establishment clause
Shabaz v Alome- Muslims couldn't practice religion because of national security reasons
Lemon v Kurtzman
created Lemon test; resources was going to private religious schools in New York and that it was ok for resources to go to both, private or religious schools
Zelman v Simmons-Harris
states can give money to families so they can send their kids to private schools; establishment clause
Abbington school district v schempp
bible readings during school is unconstitutional
Freedom of Speech
Gitlow v New York - handing out manefesto; telling gov to overthrow govern; constituion determined that he was able to do this under freedom of speech
New York Times Company v Sullivan
Police in Alabama sued New York times company for publishing an ad that was written about how Alabama abuses African Americans; but supreme court held that for a public figure, there has to be proof of actual malice
schenck v US
during ww1, he gave out fliers to tell people to avoid draft, since it was clear and present danger and he was endangering the country, he couldn't do it, gives us clear and present danger test
RAV v City of Paul
White kids burn cross on black's lawn; kid didn't get into trouble because they couldn't limit speech except if it was pertaining to race
New York Times v US
government documents; prior restrain
Prior restraint-press and assembly
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| chaplinksky v New Hampshire; Miller v California |
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| Miller test and Roth test |
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Mapp v Ohio (1961)
Case that paved the Exclusionary rule; all evidence obtained by searches and seizures in violation to the Constitution is inadmissible in a state court |
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