Court Cases
Argued that compelling Amish students to attend public school after the 8th grade violated the free exercise clause.
Incorporates Freedom of Religion - Free Exercise Clause
What is Wisconsin v. Yoder (1972)?
Limitations on the fed. government's ability to infringe on personal liberties.
What are Substantive Liberties?
Constitutional protections from discrimination against groups of people.
What are Civil Rights?
Establishment Clause - No official Religion or preferential treatment for certain religions
Free Exercise Clause - People have the right to practice their own religion
Speech only limited if "Imminent and lawless action" incited.
What is the 1st Amendment?
This refers to the Supreme Court's choice to apply these rights to the states one at a time rather than all at once.
What is Selective Incorporation?
This court case argued that students have free speech at school and can only be limited if it substantially interferes with the operation of school and teaching.
Incorporates the Freedom of Speech
What is Tinker v. Des Moines (1969)?
Suspects in custody must be informed of their 5th and 6th Amendment Rights.
What is the Miranda Rule?
Black Codes and Jim Crow Laws were examples of this.
Policies that legally segregated and discriminated against a group of people.
The 15th, 19th, 26th, 24th Amendments, and Voting Rights Act of 1965 all expanded this.
What are Voting Rights?
This gave the government new power of surveillance to stop potential terrorist attacks.
No warrant needed for wiretapping, library records, or medical records, etc.
This court case revolved around how the government could not block the publication of the Pentagon Papers as it was a violation of Free Speech and Press.
Involves Freedom of the Press and Freedom of Speech
What is New York Times v. U.S. (1971)?
An implied liberty not written within the Bill of Rights.
First introduced in Griswold v. Connecticut (1965) and later used in Roe v. Wade (1973)
What is the Right of Privacy?
What is poll tax?
"Nor shall any state deprive any person of life, liberty, or property, without due process of the law."
States cannot deny any protections to the citizens given by the national government.
All people born within the states are made a citizen.
What is the 14th Amendment?
This court case established Judicial Review, allowing the Judicial Branch to validate the constitutionality of a legislative act.
What is Marbury v. Madison?
Court Case that ruled that STATES ALSO must provide a defendant with an attorney if they cannot do so themselves.
Incorporates the Right to an Attorney
What is Gideon v. Wainwright (1963)?
First 10 Amendments of the Constitution
What is the Bill of Rights?
Banned discrimination based on race, color, gender, religion, or national origin in public accommodations or employment.
What is the Civil Rights Act of 1964?
A legal search requires probable cause, a search warrant, or consent.
However, the Exclusionary Rule states that illegally obtained evidence cannot be used in a trial.
What is the 4th Amendment?
It argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency.
What is Federalist No. 78?
Ruled that states cannot ban abortion.
Incorporates the Right of Privacy (Implied)
What is Roe v. Wade (1973)?
Each of the rights or liberties had to be incorporated against the states on a case-by-case basis.
What is Selective Incorporation?
A process of school admissions and hiring policies for minorities. Allowed a certain percentage of minority admissions in colleges to meet "equality" standards.
What is Affirmative Action?
It was argued in Mcdonald v. Chicago (2010).
Clarified that each separate person held the right to bear arms and not by a militia.
What is the 2nd Amendment?
When Congress or a state legislature passes a law that infringes on the First Amendment rights or the Fourteenth Amendment Equal Protection Clause, federal judges and Justices of the Supreme Court apply one of these three tests to determine constitutionality.