Civil Rights/Liberties
Terms
undefined, object
copy deck
- The Tenth Amendment
- Powers and rights reserved to the states.
- What cases dealt with Capital Punishment?
- Greg v. Georgia - ruled death penalty constitutional
- The Ninth Amendment
- Powers and rights reserved to the people.
- New York Times v. U.S.
-
Pentagon papers printing about Vietnam from ex-CIA.
Constitutional. - Near v. Minnesota
-
Newspaper wanted to print about corrupt gov't officials- freedom of press
Constitutional - Cohen v. California
-
Protesting war with jacket
"keeping the peace"?
Constitutional. - Chalinsky v. New Hampshire
-
Cussed out an official
Freedom of speech?
Unconstitutional - Gitlow v. New York
-
Socialist passed out leaflets to change gov't with assembly
Constitutional. - Schenck v. U.S.
-
Schenck didn't think U.S. should be in World War - passed out pamphlets
Unconstitutional. - Texas v. Johnson
-
Man burned flag exercising freedom of speech in protest
Unconstitutional. - Tinker v. Desmoines
-
Students were wearing black bands to protest war.
Freedom of speech
Unconstitutional. - West Virginia Bd. of Ed. V. Barnette
-
Reversed Minersville v. Globitis
Compulsoty flag-salute.Unconstitutional - Globitis v. Minersville school district
- Upheld school board regulation that required students to salute the flag
- Oregon v. Smith
- A state may deny unemployment benefits to an employee who is fired because he used peyote in violation of the company's drug policy.
- Goldman v. Weinberger
- U.S. Air Force can forbid Orthodox Jew from wearing his yarmulke if it interferes with his duties.
- Reynolds v. U.S.
-
Polygomy
Unconstitutional if it interferes social duties - Wallace v. Jaffee
-
Law provided AL for 1 minute of silence
Violate Establishment Clause?
Unconstitutional - Lee v. Weisman
-
Prayer at beginning of H.S. graduation
Violate Establishment Clause?
Unconstitutional . - Lemon v. Kurtzman
-
Reimbursements to cover costs for salaries, textbooks
B/c to private- violate Est. Clause?
Unconstitutional - Everson v. Board of Ed.
-
Busing provided for all children
Violate Establishment Clause
Constitutional- benefit kids - Santa Fe School District v. Dol
-
Student led prayer at beginning of football games.
Violate Establishment Clause
Unconstitutional - Engel v. Vitale
-
NY State Board of Regents wrote a prayer to use
Unconstitutional - Epperson v. Arkansas
-
Law forbid teaching of scientific theory of evolution.
Unconstitutional - Lynch v. Donnelly
-
Nativity scene in seasonal display
Constitutional - County of Allegheny v. ACLU
-
Seasonal display endorsing Christian doctorine
Unconstitutional - 14th Amendment Civil Rights Cases
-
Plessy v. Fergusen- "separate but equal"
Brown v. Board of Ed of Topeka- overrulled plessy UNconstitutional - The 14th Amendment
- Forbids states to deny any person equal protection of the law
- Affirmative action
- government programs and policy that try to rectify discrimination
- 14th amendment affirmative actions cases
-
Reg. of U.C. v. Bakke-upheld affirmative action Quota system:unconstitutional
Gratz v. Bollinger/Grutter v. Bollinger - 14th amendment woman cases
-
Reed v. Reed Unconstitutional
U.S. v. Virginia Unconstitutional - Bill of Rights
- 1st ten amendments
- What does the First amendment guarantee?
- Freedom of petition, assembly, press religion, speech
- What does the second amendment guarantee?
- The right to bear arms
- What are the stipluations to the second Amendment?
- Each state can limit the law
- Third Amendment
- Forbids the quartering of soldiers in private homes in times of peace or in times of war except in a manner to be prescribed by law.
- The Fourth Amendment
- protects against unreasonable searches and seizures
- Probable Cause
- reasonable grounds
- Fourth amendment Stipulations/Case
-
Police need a search warrant BUT not when evidence is in plain view
Minnesota v. Carr - Minessota v. Carr
-
Police spotted men bagging cocaine in friends appt.-arrested
Constitutional - Seizure
- arrest of a person
- Are policemen allowed to search your car without a warrant if they believe there is evidence of a crime?
- Yes
- What stipulations are there to the Exlclusionary Act?
-
Inevitable discovery- use would have been helpful
Good Faith - Can a police officer arrest a person in a public place?
- Yes with a warrant, provided they have probable cause.
- What two cases established the exclusionary rule?
- Weeks v. U.S. and Mapps v. OH
- Exclusionary Rule
- Any illegally obtained evidence found by police cannot be used in court.
- The 5th amendment
-
Protects against..
1. double jeopardy
2. self-incrimination
Miranda v. Arizona - Miranda v. Arizona
-
A retarded man convicted of rape and kidnapping confessed before police read tights
Unconstitutional - Miranda Rule
- Before police may question, those people must be read their rights
- The sixth Amendment
-
guarantees the right to...
a speedy and public trial
a trial by jury
an adequate defense - What 2 cases were invovled in the 6th amendment?
- Gideon v. Wainright and Escobedo v. Illinois
- The 7th Amendment
- Guarantees right to a criminal trial in cases of money exceedning the amt of 20 dollars.
- The Eigtht Amendment
- protects agains excessive bail and cruel and unusual punishment