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a Legislative act that inflicts punishment on individuals without any kind of judicial action |
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The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial review. |
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The government protected rights of individuals against arbitrary or discriminatory treatment |
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The first ten amendments to the US constitution, which largely guarantee specific rights and liberties |
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Part of the Bill of rights that reads "The enumeration in the Constitutions, of certain rights shall not be construed to deny or disparage others retained by people." |
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reiterates the powers not delegated to the national government are reserved for the state or the people. |
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Clause contained in the fifth and fourth amendments. Over the years it has been construed to guarantee individuals variety of rights. |
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Judicial interpretation of the fifth and fourteenth amendments' due process clauses that protects citizens from arbitrary or unjust laws |
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An interpretation of the Constitution that holds that the due process clause of the fourteenth amendment requires the state and local governments also guarantee those rights |
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a judicial doctrine whereby most but not all of the protections found in the Bill of rights are made applicable to the states via the fourteenth amendment |
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Those rights defined by the Court to be essential to order, liberty, and justice therefore entitled to the highest standard of review, strict scrutiny. |
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symbols, signs and other methods of expression generally also considered to be protected by the First Amendment |
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False written statement or a written statement tending to call someone's reputation into dispute |
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Untrue spoken statements that define the character of a person |
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New York times Co. v. Sullivan (1964) |
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The Supreme Court concluded that "actual malice" must be proved to support a finding of libel against a public figure. |
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words that, "by their very utterance inflict injury or tend to incite an immediate breach of peace." Fighting words are not subject to restrictions of the first Amnendment. |
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Court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allows prisoner to be freed if the judge is not persuaded by the government's case. |
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A legislative act that inflicts punishment on individuals without any kind of judicial action. Prohibited by the Constitution. |
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"The right of the of the person to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." |
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Part of the Bill of Rights that imposes a number of restriction s on the federal government with respect to the rights of persons suspected of committing a crime. Prevents the government from from taking property without just compensation. |
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Miranda v. Arizona (1966) |
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A landmark supreme Court ruling that held the Fifth Amendment requires that individuals arrested for crimes must be advised of their right to remain silent and have a counsel present. |
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Statements that must be made by the police informing a suspect of his or her constitutional rights protected by the Fifth Amendment, including the rights to an attorney provided by the court if the suspect cannot afford one |
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Part of the Fifth Amendment that protects individuals from being tried twice for the same offense. |
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Judicially created rule that prohibits police from using illegally seized evidence at trial. |
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The basic requirements of procedural due process for federal courts to follow in criminal trials. |
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Part of the Bill of Rights that states; "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." |
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The right to be left alone; judicially created principle encompassing a variety of individual actions protected by the penumbras or shadows cast by several constitutional amendments, including the First, Third, Fourth, Ninth and Fourteenth Amendments. |
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The Supreme Court found that a woman's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of rights applied to the states through the Fourteenth Amnendment. |
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One of the three Civil War Amendments; specifically bans slavery one the United States |
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Laws denying most legal rights to newly freed slaves: passed by southern states following the Civil War |
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One of the three Civil War Amendments; guarantees equal protection and due process of the law to all U.S. citizens. |
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One of three Civil War Amendments; specifically enfranchised newly freed male slaves |
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Laws enacted in the south that discriminated against blacks by creating "whites only" public facilities |
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Civil Rights Cases (1883) |
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Name attached to five cases brought under the Civil rights Act of 1875. in 1883 the supreme Court ruled that discrimination in a variety of public accommodations, including theaters, hotels, and railroads, could not be prohibited by the act because such discrimination was private discrimination and not state discrimination. |
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The drive for voting rights for women that took place in the United states from 1890 to 1920. |
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Amendment of the Constitution that guaranteed women the right to vote. |
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U.S. Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the fourteenth amendment's guarantee of equal protection. |
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Section of the fourteenth Amendment that guarantees that all citizens receive "equal protection of the laws." |
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Civil rights act of (1964) |
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Wide-ranging legislation passed by Congress to outlaw segregation in public facilities and discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission. |
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Racial segregation that is a direct result of law or official policy. |
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Racial discrimination that results from practice rather than the law |
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Equal Employment Opportunity Commission |
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Federal agency created to enforce the Civil Rights Act of 1964, which forbids discrimination on the basis of race, creed, national origin, religion, or sex in hiring, promotion or firing. |
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Women's Equality Amendment |
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Proposed Amendment to the Constitution that states " Equality of rights under the law shall n0t be denied or abridged by the United States or any state on account of sex." |
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Category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court. |
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A heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice. |
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Provision of Educational Amendments of 1972 that bars educational institution receiving federal funds from discriminating against female students. |
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Policies designed to give special attention or compensatory treatment to members f previously disadvantaged group. |
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Three Prong Test of Obscenity |
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(a) whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest, [Roth, supra, at 489,]
(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and
(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. If a state obscenity law is thus limited, First Amendment values are adequately protected by ultimate independent appellate review of constitutional claims when necessary. |
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Zelman v. Simmons-Harris (2002) |
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Religion: Establishment- Incidental support |
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Religion: Establishment- School Prayer Officially composed prayer |
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Abingdon School District v. Schempp (1963):Murray v. Curtlett |
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Bible verse and Lord's prayer |
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Wallace v. Jaffree (1985) |
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Religion:Establishment- School Prayer Looks at legislative intent, moment of silence for school prayer |
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Board of Education of West side Community Schools v. Mergens (1990) |
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Religion: Establishment-School Prayer |
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Religion: Establishment-School Prayer |
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Santa fe Independent School District v. Doe (2000) |
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Religion: Establishment- School Prayer |
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West Virginia State of Education v. Barnette (1943) |
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Religion: Free exercise- Practice |
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Wisconsin v. Yoder (1972) |
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Religion: Free Exercise- Practice |
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Sherbert v. Verner (1963) |
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Religion: Free Exercise- Practice |
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Religion: Free Exercise- Protection |
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Religion: Free Exercise- No Protection |
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Religious Freedom Restoration Act (1993) |
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Religion: Free Exercise- No Protection |
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Gonzale v. O Centro Espirta Beneficiente Uniao Do Vegetal (2006) |
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Religion: Free Exercise- No protection |
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Gitlow v. New York (1925) |
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Tinker v. Des Moines (1969) |
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Expression: Symbolic expression |
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Texas v. Johnson (1989), US v. Eichmann (1990) |
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Expression: Symbolic expression |
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Roth v. US (1957) and Miller v. California (1973) |
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New York Times v. US (1971) |
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New York v. Sullivan (1964) |
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Due Process: Search and Seizure--4th Amendment |
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Due Process: Search and Seizure--4th Amendment |
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Miranda v. Arizona (1966) |
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Due Process: Self- Incrimination--5th Amendment |
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Gideon v. Wainwright (1963) |
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Due Process: Right to Counsel--6th Amendment |
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Due Process: Cruel and Unusual Punishment--8th Amendment |
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Due Process: Cruel Unusual Punishment--8th Amendment |
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Griswold v. Connecticut (1965) |
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Webster v. Reproductive Health Services (1989) |
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Bowers v. Hardwick (1986) |
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Privacy: Homosexual Rights |
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Privacy: Homosexual Rights |
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Slaughterhouse Cases (1873) |
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Civil War Amendments and Court Restriction of Rights |
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Civil Rights Cases (1883) |
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Plessy v. Ferguson (1896) |
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Sweatt v. Painter & McLaurin v. Oklahoma (1950) |
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Brown v. BOE (1954) (1955) |
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Swann v. Charlotte-Mecklenburg County School (1971) |
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University of California v. Bakke (1978) |
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Grutter v. Bollinger, Gratz v. Bollinger (2003) |
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