Unit 3 Review

When the Supreme Court uses the due process clause of the 14th Amendment to extend the civil liberties in the Bill of Rights to the states.

the Supreme Court ruled that police must inform a suspect of their 5th and 6th Amendment rights upon arrest.

the Supreme Court ruled that the 6th amendment allows poor suspects a free attorney/public defender in their trial.

when the court supports a law or an institution's policy that is being challenged

The Court is the "least dangerous branch"- Controls neither purse nor sword, the courts serve as an intermediary between the legislature and the people, judges should serve for "life and good behaviour" in order to remain independent from the other two political branches.

a court order from an appellate or supreme court asking a lower court to deliver its records of a case so a higher court may review it

unanimously held that the racial segregation of children in public schools violated the Equal Protection Clause of the 14th Amendment. Overruled Plessy v. Ferguson's "separate but equal" doctrine and eventually led to the desegregation of schools across the South

an informal practice a president will use when nominating judges where they will ask the senators from the state where the vacancy exists who they would recommend to become a judge

part of the 5th and 14th Amendments that guarantees fair legal treatment for all accused of a crime

the first 10 Amendments of the Constitution

13th, 14th, and 15th Amendments

1st, 2nd, 4th, 5th, 6th

14th, 15th, 19th, 26th

protections for citizens from the government

protections for people from unequal treatment

part of the 1st Amendment that forbids the gov't from favoring a particular religion

an oath or motto that judges will always use precedent when deciding cases and let previous court decsions stand

nominated by the President, approved by the Senate

part of the 1st Amendment that prevents the gov't from allowing individuals to practice their religion

speech that is not protected by the 1st Amendment. Established in Schenk v. US

no state may deny any person the equal protection of the laws, all people born in the U.S. are citizens. No state can deny citizens the rights and due process of citizens of the United States...

Right to a fair, speedy, and public trial with an attorney

Philosophy of stretching the meaning of the constitution and reading "in between the lines", adding extra meanings that are explicitly written in the constitution.

Philosophy of taking the Constitution's text at face value and literally. When Constitution or law in question is vague, these judges refer to the federalist papers or the text of debates in Congress to clarify the meanings.

established the court's power of Judicial Review

SC upheld that gerrymandering can violate the equal protection clause if districts are unequal in population

the 2nd level of courts that hear appeals from district and circuit courts

topics a court can hear for the first time before higher courts

topics a higher court can hear after they've been tried by a lower court

strengthened the 15th Amendment by outlawing poll taxes, literacy tests, white-only primaries, and grandfather clauses

forbids private businesses from discriminating against customers and employees via the commerce clause

the clause of the Constitution that implies the Senate has the power to approve or reject presidential nominations to the federal courts

life and good behavior

Congress can propose a constitutional amendment (2/3 vote), write a new law fixing the problem or going around the majority ruling, impeach judges, Senate can approve or reject presidential nominations to the federal courts.

the Supreme Court ruled that race may be used in college admissions and hiring for jobs as long as there is no set quota to accept minority applicants

used by states to pass laws in their state that are not mentioned or forbidden by the Constitution.

upheld the Supremacy and Necessary Proper clauses in the Constitution by allowing Congress to establish a national bank and forbidding states from taxing federal government property.

SC ruled that school prayer violates the establishment clause

2/3rds of Congress must propose an amendment and then 3/4ths of the state legislatures must ratify it - this is a way Congress and the states can limit Supreme Court rulings

SC ruled that homeschooling for religious purposes is protected by the free exercise clause

If the government wishes to censor information before it is printed or published (prior restraint), it must be proven in court that the information will endanger national security.

SC incorporated the 2nd Amendment to apply to states and cities that ban handguns and have restrictive gun laws

the part of the Constitution Congress will stretch to pass laws loosely related to trade within the United States (one of the most challenged parts of the Constitution in court cases)

student speech is protected by the first amendment as long as it does not disrupt the learning environment

were used prior to the 24th Amendment to disenfranchise African-American and low-income voters

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.

A policy in educational admissions or job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination.

Abortion rights fall within the privacy implied in the 14th amendment

Found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The death penalty for a crime or offence

The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure.

Legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of 1965

No cruel or unusual punishment

a legal norm established in court cases that is then applied to future cases dealing with the same legal questions

Supreme Court declared Gun Free School Zones Act exceeded Congress's Interstate Commerce Clause power and was therefore unconstitutional.

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination