Units 1-6 Flashcards
(25 cards)
Selective Incorporation
SC incorporates cases that have come up
Started by 14th amendment
How the BoR slowly have been applying to the states
case by case
1st case: Gitlow v. New York (1st- speech + press)
Barron v. Baltimore
SC said that BoR did not apply to states, only to fed. govt.
Before 14th
1st amendment
freedom of religion, assembly, petition, press + speech
speech: does not protect libel (NY Timesv Sullivan-slander + obscenity (Miller test)
protected: flag burning (Texas v Johnson), slear +present danger (Schenk)
religion: free establishment + free exercise clause
entanglement of religion + schools: Lemon v. Kurtzman, bible reading: Engle v. Vitale
5th amendment
Right to know all your rights in an arrest
No self-incrimination, double jeopardy
Miranda v. Arizona –> Miranda rights
Witness badgering - repeating
due process + 14th
gives govt right to eminent domain –> govt is allowed to take your property + gives the right compensation
Prior restraint
govt trying to censor the press before it gets published
even if it’s sensitive info, only if it shows clear + present danger
NY Times v. US - classified info + they wanted to publish it
Right to privacy
protected by 4th, 5th + 9th not enumerated, penumbras protects: -abortion rights: Roe v. Wade *1st trimester or if woman's life is in danger Griswold v. Connecticut *contraceptives for married couples -homosexual rights Texas v. Lawrence *homosexuality is under right of privacy
4th amendment
protects us from unreasonable search + seizure, exclusionary rule
Mapp v. Ohio - incorporated 4th
They need probable cause to search you
TLO v. NJ - schools only need reasonable suspicion
8th amendment
no cruel/unusual punishments or excessive fines/bails
death penalty=capital punishment
Furman v. GA - put temporary hold on executions, people were not being executed properly, mainly to African American men
Gregg v. GA - it’s OK but you must do “xyz” to do it
Affirmative action
trying to make sure we see more diversity in schools + workplace
Bakke v. U of CA - schools can use race as a criteria but no quotas
SC has upheld using race, no quotas
Civil Rights Act of 1964
it gave AA more rights
outlawed discrimination in public places + banned discrimination in voting places
24: no more poll tax
Heart of Atlanta Hotel v. US - SC said it was constitutional that you can ban discrimination in private + public places
Reconstruction Amendments
13: freed slaves
14: due process + equal protection
15: right to vote/suffrage cannot be taken away based on race
24th amendment
outlawed poll taxes
Civil Rights Act 1964-65
Gay rights
14th for equal protections
right to privacy
Lawrence v. Texas - gays are allowed to have relations
Obergefell v. Hodges - allows gay marriage
Don’t ask, don’t tell - Clinton for military
Brown v. Board
I: schools need to integrate + separate is NOT equal
II: integrate with all deliberate speed
19th amendment
gave women the right to vote
Women’s Rights
Title IX (9): gave women equal opportunity in schools
ex. sports
heightened scrutiny: some laws can be based on gender
ex. Roe v. Wade, Griswold v. CA, Planned Parenthood v. Casey
NOW- interest groups, no “man” jobs
Title 7: protected women from discrimination in work ex,pay
Leabetter v. Goodyear Tire: L was paid less than men, Clinton passed a Lily Leabetter law, every pay is being discriminated, not just the first one
Procedures at Supreme Court
Rule of Four - writ of certorari Briefs - each side *amicus curaie *#1: solicator general (US govt) Oral arguments (30 mins) Questions Justices go into conference (1st Justice, then seniority) Opinions (Look at: Opinions of SC)
Congress role in Judicial Branch
Senate Judiciary Committee: approve nominations to Court
House impeach, Senate trial judge
set size + # of courts (Judiciary Act of 1789)
laws to back up/not back up court decisions
Opinions of Supreme Court
majority: sets precedent
dissenting: minority opinion :(
concurring: agrees or disagrees but for a different reason
Judicial Philosophies
judicial activism: loose interpretation (Hamilton) for change, making policies Obergefell: overturned DOMA Brown v. Board judicial restraint: strict interpretation (Jefferson) allows Congress/Pres make policy
Types of courts
trial courts (district): original jurisdiction, most begin + end here circuit court: appellate jurisdiction, do not take new evidence, looks for mishandling of the case Supreme Court: original + appellate jurisdiction affects multiple people, and is a constitutional issue state courts are the same way
Rule of Four
4 SC judges needs to approve
writ of certiorari: to make more certain
stare decisis
let the decision stand
looking at old court cases
judicial restraint
precedent: follows the precedent of higher court
Groups in the Bureaucracy
Govt Corporation: businesses funded by govt partially
TVA + Post Office
Independent Executive: like Cabinet but specific
NASA
Independent Regulatory: regulate parts of economy
FCC, SEC, EPA, OSHA, SCC
Cabinet: 15 depts, led by a Secretary (for Dept of Justice: Attorney General)
