Civil Rights
this right is the basis of the decision made in Roe v Wade but is NOT explicitly listed in the constitution
Right to Privacy
this protection is the basis for the use of the commonly referred to "Miranda Rights" as established by the 5th Amendment
Protection from Self Incrimination
this case is responsible for establishing a three part test testing whether or not a law violates the establishment clause
1) secular purpose
2) predominantly secular in nature
3) avoid govt entanglement
Lemon Test
this test requires a state to follow due process when confiscating property as well as requiring just compensation for private property
Eminent Domain
blocking publications or censoring a story before it is published
Unconstitutional (Prior Restraint)
found in the 14th amendment, this states that no state will "deny to any person within it's jurisdiction the equal protection of the law"
The Equal Protection Clause
this protection requires that a warrant must be specific in its scope and backed by a show of probable cause
Unreasonable Search and Seizure
Responsible for the "Seperate-but-equal" doctrine
Plessy v Ferguson
Exclusionary Rule
Requiring permits for large assembly that limit the demonstration to a certain time frame and/or location
Constitutional, usually to avoid the incitement of violence
the LAW that banned racial segregation in schools, public transport and public facilities
Civil Rights act of 1964
this is the act of using actions or symbols to convey an idea which the supreme court has ruled is protected by the constitution
Symbolic Speech (flag burning, arm bands, etc.)
Overturned legalized public school segregation on the basis of race
Brown v. Board of Education of Topeka
places limitations on free speech if it presents a danger to the republic or leads to the perpetration of illegal actions
Clear and Present Danger Rule
Instituting racial quotas in such instances as admitting students to college or hiring of employees
Unconstitutional
law that outlawed discriminatory voting practices responsible for wide spread disenfranchisement
Voting Rights Act of 1965
established in the first amendment, prohibits government from recognizing an official religion or promoting one religion over another
Establishment Clause
Case that ruled that under the 4th amendment, individuals are entitled to privacy in making medical decisions for themselves.
Roe v Wade
A type of scrutiny in which the person CHALLENGING the law must prove that the government has no good reason for discriminating against an individual
Rational Basis (Ordinary) Scrutiny
also established in the 14th amendment, prohibits state governments from depriving citizens of "life, liberty, or property"...
Due Process Clause
the right afforded to a person not to have to face trial for the same crime more than once
Double Joepardy
case in which the supreme court held that a private business owner can refuse to serve individuals on the basis of religion if the request being made is against the business owners sincerely held religious beliefs
Masterpiece Bakery v Colorado Civil Rights Commission
Test used to determine the constitutionality of laws that differentiate between individuals on the basis of race, religion, or national origin.
Strict Scrutiny