Civil Liberties Flashcards

(45 cards)

0
Q

2nd

A

Right to keep and bear arms

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1
Q

1st

A

Freedom of religion speech press protest
Expression
Fundamental

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2
Q

3rd

A

No quartering of soldiers

Privacy

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3
Q

4th

A

Search and seizure

Fundamental

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4
Q

5th

A

Due process, self incrimination, double jeopardy, eminent domain
Rights of the accused

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5
Q

6th

A

Due process

Fair and speedy trial , jury, lawyer, clear accusation, confront accuser, public trial

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6
Q

7th

A

Trial by jury in civil cases

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7
Q

8th

A

No excessive bail, no cruel and unusual punishment

Rights of the convicted

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8
Q

9th

A

Congress can create rights

Privacy

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9
Q

10th

A

Powers not in the United States constitution are left up to the states

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10
Q

14th

A

Citizenship clause
Privileges and immunities
Due process
Equal protection

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11
Q

Barron v Baltimore

A

1833

State constitution didn’t protect eminent domain, state didn’t have to pay for damaging wharf

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12
Q

Palko v Connecticut

A

1937

Murderer tried twice, violated double jeopardy, found not a fundamental right, selective incorporation

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13
Q

Gideon v wainwright

A

1963

Incorporates part of the 6th amendment, right to council is fundamental

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14
Q

Gitlow v New York

A

1925
Tested due process clause, suggests state is denying him right of free speech, loses, but court says that every American has the right to free speech

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15
Q

Mapp v ohio

A

1961

State policy conducted search without a warrant, 4th amendment is found a fundamental right and is incorporated

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16
Q

Slaughterhouse cases

A

1873

State gov gave monopoly to a business, ok because they weren’t black

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17
Q

Lukumi Babalu aye v city of Hialeah

A

1993

Animals may be sacrificed as a religious ritual

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18
Q

Roe v wade

A

1973

Abortions legal in first 3 months

19
Q

Near v Minnesota

A

1931

Freedom of press is a fundamental right, cannot censor or use prior restraint

20
Q

Pierce v society of sisters

A

1925

Students may choose private schools instead of public

21
Q

Oregon v smith

A

1990

A state can deny unemployment for use of drugs for a religious ritual

22
Q

Tinker v Des Moines

A

1969

No prior restraint, can’t limit a students rights if it doesn’t distract from the learning environment

23
Q

US v O’Brien

A

1968

Burning draft cards is not protected speech because cards are government property

24
New York Times v US
1971 | Freedom of the press means more than national security and executive privilege
25
Everson v board of education
1947 Public schools busing kids to private schools, didn't violate establishment clause, public buses are required to transport all
26
Planned parenthood v Casey
1992 | No spousal notification
27
Wisconsin v yoder
1972 | Amish parents don't have to keep kids in school after 8th grade
28
Texas v Johnson
1989 | Flag burning is protected speech
29
Virginia v black
2003 | Cross-burning is protected as long as it's not targeting an individual
30
Reynolds v United States
1878 | Polygamy is not protected by the free exercise clause
31
Lemon v Kurtzman
1971 Developed lemon test 1. Law must have secular purpose 2. Must not have primary effect of inhibiting or advancing religion 3. No "excessive entanglement" with religion (money)
32
Stone v graham
1980 Kentucky public schools were posting 10 commandments, violates the establishment clause, leads to formation of the Christian coalition
33
Lee v Weisman
1992 | Prayers at graduation violated the establishment clause
34
Hazelwood school district v Kuhlmeier
1987 | Principals can censor school newspaper
35
Miranda v Arizona
1966 | Those arrested must be made aware of their rights
36
Escobedo v Illinois
1964 | Gave right to an attorney during police questioning
37
Minersville school district v gobitis
1940 | Schools could force students to say pledge of allegiance
38
Jacobellis v Ohio
Obscenity | "I know it when I see it"
39
Miller v California
Obscenity test 1. Average person applying present day standards appears to prurient interest 2. Work violates state law 3. Work lacks artistic, political or scientific value
40
Morse v Frederick
2007 | Cannot home around about illicit drugs in schools
41
Griswold v Connecticut
1965 | Constitution protects privacy in marital bedroom
42
Engel v Vitale
1962 | Mandated prayer violated establishment clause in schools
43
Wallace v Jaffree
1985 | Moment of silence violated establishment clause
44
Santa Fe independent school district v doe
2000 | No school led prayer at football game at private school