Term
| Everson v. Board of Education |
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Definition
| Involved the state reimbursing schools for transportation costs, 96% of which were parochial schools. Constitutional - does not relate to anything religious and does not endorse or inhibit religion. |
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Term
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Definition
| Law to reimburse non-public schools for textbooks, teachers' salaries, etc, was struck down - "entanglement" makes it too complicated. Established "Lemon Test". |
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Term
| Westside School District v. Mergens |
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Definition
| Bridget Mergens, a student, wanted to start a Bible study group in her school, which was not permitted. Ruling: schools must allow religious study groups if they allow other groups to meet on school campus, too, that do not relate to the curriculum (i.e., scuba diving). |
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Term
| Reynolds v. United States |
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Definition
| George Reynolds was charged with bigamy, which he said was part of his religion and was protected by the Constitution. Ruling: religious duty cannot be used as a defense in criminal indictment. |
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Term
| Employment Division v. Smith |
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Definition
| Determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual. |
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Definition
| Charles Schenck was responsible for printing, distributing, and mailing 15,000 leaflets to men eligible for the draft that advocated opposition to the draft. Case was founding of the "clear and present danger" rule. Ruled that his conviction was constitutional. |
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Term
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Definition
| Defined the constitutional rights of students in U.S. public schools. "Tinker test" used to determine whether a student's rights have been infringed upon by a school. Students wore black armbands that were symbolizing protest for the war for which they were suspended. Determined that schools were not allowed to punish students for acts such as wearing an armband as an anti-war protest. "Children do not shed their rights at the school gate." |
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Term
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Definition
| First case to bring up Second Amendment's right to bear arms. Dealt with D.C.'s gun laws, which were very strict at the time. Court struck down parts of the law, such as the fact that owned guns had to be disassembled or bound by a trigger lock. Ruled that D.C. could restrict gun use or ownership, but not ban it completely, like it was trying to do. |
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Term
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Definition
| Evidence obtained in violation of the Fourth Amendment may not be used in court against the convicted. Even if it is highly incriminating evidence, it may not be used in either federal or state courts. |
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Definition
| Ruled that courts are required to provide a lawyer for defendants who cannot afford or otherwise obtain one. Gideon had to act as his own lawyer, and was found guilty. One of a series of decisions confirming the rights of defendants in criminal proceedings to counsel during trial. |
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Term
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Definition
| The Fifth Amendment requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. Miranda was convicted under his pretense of believing he was going to be found guilty anyway - tricked into believing they knew and that he would have to talk at some point. |
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Term
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Definition
| The "separate but equal" provision of public accommodations by state governments is constitutional under the Equal Protection Clause. Involved a train that was divided into separate cars for colored and white passengers, which was declared constitutional if they are equal. |
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Term
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Definition
| Declared the Executive Order 9066 was constitutional, which required Japanese-Americans in the western United States to be excluded from a described West Coast military area. Korematsu knowingly violated the Civilian Exclusion Order No. 34 of the U.S. Army, which led to his arrest and conviction. |
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Term
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Definition
| Segregation of students in public schools violates the Equal Protection Clause of the Fourteenth Amendment, because separate facilities are inherently unequal. |
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Term
| Regents of the University of California v. Bakke |
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Definition
| The Court held that while affirmative action systems are constitutional, a quota system based on race is unconstitutional. |
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Term
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Definition
| A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. |
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Term
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Definition
| Texas law making it a crime to assist a woman to get an abortion violated her due process rights. |
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Term
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Definition
| Portions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. |
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Term
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Definition
| Provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". |
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Term
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Definition
| Principle that the government must respect all of the legal rights that are owed to a person according to the law of the land, instead of respecting merely some or most of those legal rights. Gives individuals a varying ability to enforce their rights against alleged violations by governments, but normally not against other private citizens. |
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Term
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Definition
| Incorporation of only certain amendments depending on the situation and what is determined to be "needed." Some amendments still not incorporated by states and only used by federal government. |
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Term
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Definition
| Some constitutional freedoms, principally those guaranteed by the First Amendment, are fundamental in a free society and consequently are entitled to more judicial protection than other constitutional values. |
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Term
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Definition
| States that "Congress shall make no law respecting an establishment of religion". Together with the Free Exercise Clause, ("... or prohibiting the free exercise thereof"), these two clauses make up what are commonly known as the "religion clauses" of the First Amendment. |
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Term
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Definition
| The accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." |
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Term
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Definition
The Court's decision in Lemon v. Kurtzman established the "Lemon test", which details the requirements for legislation concerning religion. It consists of three prongs:
1. The government's action must have a secular legislative purpose
2. The government's action must not have the primary effect of either advancing or inhibiting religion
3. The government's action must not result in an "excessive government entanglement" with religion
Failing = unconstitutional |
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Term
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Definition
| The freedom to speak freely without censorship or limitation. |
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Term
| “time, place, and manner” restrictions |
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Definition
Must meet the rational basis test (the lowest level of scrutiny) and are usually upheld, unless their requirements have an especially burdensome impact on speech. Time, place, or manner restrictions must be:
1. Content neutral
2. A significant governmental interest
3. Narrowly tailored
4. Leave open ample alternative channels of communication |
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Term
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Definition
Legal term for an action that expresses an opinion or idea non-verbally. Examples of symbolic speech are marching in a parade, burning a flag, or cross burning.
Consider:
* Where did the action occur? Was it in a public area?
* Did the action cause Imminent lawless action?
* Did the action communicate a constitutionally protected message? |
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Term
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Definition
| A government's actions that prevent materials from being published. Sometimes, the government becomes aware of a forthcoming publication on a particular subject and seeks to prevent it. In other cases, the government attempts to halt ongoing publication and prevent its resumption. |
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Term
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Definition
| A false claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. Libel specifically refers to any other form of communication such as written words or images. |
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Term
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Definition
| Any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated. |
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Term
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Definition
| The right to come together with other individuals and collectively express, promote, pursue and defend common interests. |
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Term
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Definition
| A type of jury that determines whether there is enough evidence for a trial. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes and issuing presentments. |
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Term
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Definition
| The Due Process Clause not only requires "due process," that is, basic procedural rights, but that also protects basic substantive rights. "Substantive" rights are those general rights that reserve to the individual the power to possess or to do certain things, despite the government’s desire to the contrary. These are rights like freedom of speech and religion. |
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Term
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Definition
| The standard by which a police officer has the right to make an arrest, conduct a personal or property search, to obtain a warrant for arrest; also by which a grand jury believes that a crime has been committed. |
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Term
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Definition
| Says that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. |
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Term
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Definition
| Provides an exemption to the exclusionary rule. The exemption allows evidence collected in violation of privacy rights as interpreted from the Fourth Amendment to be admitted at trial if police officers acting in good faith reliance upon a defective search warrant. |
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Term
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Definition
| Accusing oneself of a crime for which a person can then be prosecuted. |
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Term
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Definition
Any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination.
Statute at issue here must target:
1. a "discrete" or "insular" minority who
2. possess an immutable trait (race or alienage)
3. share a history of discrimination
4. are powerless to protect themselves via the political process. |
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Term
| Strict Scrutiny and semi-strict scrutiny |
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Definition
The most stringent standard of judicial review used by United States courts reviewing federal law. Applied based on the constitutional conflict at issue, regardless of whether a law or action of the U.S. federal government, a state government, or a local municipality is at issue.
Must satisfy three criteria:
1. must be justified by a compelling state interest |
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Term
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Definition
| State and local laws enacted between 1876 and 1965. Mandated de jure segregation in all public facilities, with a "separate but equal" status for black Americans and members of other non-white racial groups. Examples: public schools, places, and transportation; bathrooms, restaurants, etc. |
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Term
| Segregation and desegregation |
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Definition
Segregation: racial division; division of facilities, services, and opportunities such as housing, education, employment, and transportation among racial lines.
Desegregation: the ending of segregation; integration of races within the aforementioned areas. |
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Term
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Definition
| Includes goals such as leveling barriers to association, creating equal opportunity regardless of race, and the development of a culture that draws on diverse traditions, rather than merely bringing a racial minority into the majority culture. Desegregation is largely a legal matter, integration largely a social one. |
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Term
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Definition
| Outlawed racial segregation in schools, public places, and employment. |
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Term
| Voting Rights Act of 1965 |
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Definition
| Outlawed discriminatory voting practices that had spawned the widespread disenfranchisement of African Americans in the United States. |
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Term
| Higher Education Act of 1972 (Title IX) |
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Definition
| "No person in the United States shall judge on the basis of sex, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." No explicit reference to athletes, but is most commonly used with athletic issues. |
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Term
| American with Disabilities Act of 1990 |
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Definition
| The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses. |
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Term
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Definition
| A proposed amendment which was intended to guarantee equal rights under the law for Americans regardless of sex. Never passed. |
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Term
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Definition
| Includes individuals' Constitutional rights against the government. These includes the Fourth Amendment right to be free of unwarranted search or seizure, the First Amendment right to free assembly, and the Fourteenth Amendment due process right. |
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Term
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Definition
| The practice of favoring members of a historically disadvantaged group at the expense of members of a historically advantaged group. The group now being discriminated against had members, or ancestors, previously doing the discriminating. Often used in reference to affirmative action. |
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Term
| “compelling government interest” |
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Definition
| Generally refers to something necessary or crucial, as opposed to something merely preferred. |
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Term
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Definition
| If the government action encompasses too much (over-inclusive) or fails to address essential aspects of the compelling interest (under-inclusive), then the rule is not considered narrowly tailored. |
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Term
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Definition
| A written opinion by some of the judges of a court which agrees with the majority of the court but might arrive there in a different manner. |
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Term
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Definition
| A legal case is an opinion of one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. |
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