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Due Process
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Women and Minority Rights
100
Libel and slander are often used to harm reputations. Together with obscenity and violent speech, libel and slander are all categorized under this.
What is Restricted, or Non-protected, speech?
100
Based on the "wall of separation," the government may not establish an official religion, as in the case Engel v. Vitale, where government must remain neutral with religious views.
What is the Establishment Clause?
100
5th Amendment protects against violations from the federal government. Government cannot deprive anybody of "life, liberty, or property, without due process of law." The 14th Amendment protects against violations from the States and their local governments. These two amendments are part of this.
What is Due Process?
100
Other than inevitable discrimination such as age requirements and income tax, the 14th amendment bans states from unreasonable discrimination under this clause.
What is the Equal Protection Clause?
100
This case established the "separate but equal" statement in 1896, which upheld Jim Crow laws and De Jure segregation.
What is Plessy v. Ferguson?
200
Schenck v. U.S. provided a new policy that limited the people's rights of expression.
What is the Clear and Present Danger Doctrine?
200
Used to determine the legitimacy of aid concerning religion, in which the institutions must meet the following: 1) The purpose must be secular. 2) They may neither advance nor inhibit religion. 3) They must avoid "excessive entanglement of government and religion."
What is the Lemon Test?
200
By the 4th Amendment the Police cannot look through property without probable cause or warrant unless an automobile is involved, as in the case Michigan v. Sitz.
What is Search and Seizure?
200
Discrimination is constitutional if it has a reasonable relationship to a broader purpose of government. But it cannot be used if a case involves: suspect class, almost-suspect class, or fundamental right.
What is the Rational Basis Test?
200
Includes Title II banning discrimination in places of public accommodation on the basis of race, color, national origin, or religion.
What is the Civil Rights Act of 1964?
300
The protected rights of political and symbolic speech are "restrained," as in the case of the Pentagon Papers.
What is Prior Restraint?
300
Guarantees each person the right to believe whatever they choose in matters of religion. This would make a problem of contradiction with the Establishment Clause.
What is the Free Exercise Clause?
300
- The cases of Escobedo v. Illinois and Gideon v. Wainwright should have the right to a speedy/public trial with the right to counsel. - In the case of Furman v. Georgia, Furman was spare from the death penalty because of the protection of "cruel and unusual punishment". These two cases deal with two of the amendments in the Bill of Rights.
What are the 6th and 8th Amendments?
300
The Supreme Court uses a test to see if a law denies equal protection since it does not serve a compelling state interest.
What is Strict Scrutiny Test?
300
Allowed federal officials to register voters and ensure they could vote without requiring a literacy test. This also made bilingual ballots available and caused an increase in black votes.
What is the Voting Rights Act of 1965?
400
Similar to the Executive Privilege, which withholds Executive information from Congress, these laws allow reporters to withhold their sources from the media.
What are Shield Laws?
400
The case permitted the religious practice of sacrificing animals.
What is the case of the Church of Lukumi Babalu Aye. v. Hialeah, 1993
400
Not only does this amendment provide a Grand Jury, but it also prevents Double Jeopardy and Self-Incrimination through the Miranda Warnings.
What is the 5th Amendment?
400
Programs designed to increase minority participation in some institution by taking positive steps to appoint more minority-group members.
What is Affirmative Action?
400
Bans age discrimination for jobs unless related to performance.
What is the Employment Act of 1967?
500
Federal employees are often limited from political associations and Petition rights by this act of legislation.
What is the Hatch Act?
500
States that any public school that receives federal funds must allow student religious groups to meet in school as other clubs.
What is the Equal Access Act of 1984?
500
In order to protect the Writ of Habeas Corpus, this law was passed to prevent illegally obtained information to be used against a person in court. This was clearly explained in the case Mapp v. Ohio of 1961.
What is the Exclusionary Rule?
500
This test is based on the abortion cases Roe v. Wade, Planned Parenthood v. Casey, and Gonzalez v. Carhart, in which rights are explicitly stated in the Constitution.
What is The Fundamental Rights Test?
500
This act of legislation gave women more equal working rights and even helped to make possible Congress's Year of the Women in 1992.
What is the Equal Pay Act of 1963?
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