I.P.L.E.

1 H Review Sheet- Semester II

Terms:
Popular Sovereignty- The natural rights concept that ultimate political authority rests with the people Civic Virtue- The dedication of citizens to the common good, even at the cost of their individual interests Unalienable Rights- fundamental rights of the people that may not be taken away; this phrase was used in the Virginia Declaration of Rights and the Declaration of Independence Natural Rights Philosophy- the doctrine of natural rights assumes that human beings had the rights in a state of nature and create government in order to protect those rights Classical Republicanism- A theory that holds that the best kind of government is one that promoted the common welfare instead of the interests of one class of citizens Rule of Law- no person is above the law and the constitution is the highest law Legislative Supremacy- a system of government in which the legislative branch has the most power Affirmative Action- a plan or program to remedy the effects of the past discrimination in employment, education, or other activity, and to prevent recurrence Due Process Clause- The 5th and 14th amendments protect these rights to life, liberty, and property and cannot be taken away without due process of law Separate but Equal- The argument, once upheld by the Supreme Court, the separate public facilities were constitutional if the facilities were of equal quality Civil War Amendments- Amendments 13-15; banning slavery, defined citizenship, and allowed them to vote (men only) Judicial Review- The power of the courts to declare laws and actions of local, state, or national government invalid if the courts decide they are unconstitutional Judicial Restraint- The belief that the Supreme Court could neither overrule the decision of elected officials nor make then public policy Procedural Due Process- Refers to those cases in the US constitution that protect individuals from unreasonable and unfair government procedure Time, Place, and Manner Restrictions- The government regulations which place restrictions on free speech; these regulations specifying when, where and in what way speech is allowed are applied when unrestricted free speech will conflict with the rights of others

Virginia Declaration of Rights- The first state declaration of rights, which served as a model for other state declarations of right and the Bill of Rights School Prayer Engel v. Vitale- unconstitutional - non denominational prayer Abington v. Schempp- Daily Bible reading is constitutional Wallace v. Jaffree- 1 minute silent period for the endorse religion is unconstitutional Lee v. Weisman- Prayer at public school graduation is unconstitutional Santa Fe v. Doe- student led prayer before a football game is unconstitutional Ex Post Facto Law- A criminal law that makes an act a crime that was not a crime when committed, that increases the penalty for a crime after it was committed, or that changes the rules of evidence to make conviction easier. Ex Post Facto laws are forbidden by Article I of the US Constitution Injunction- Equitable remedy in the form of a court order that requires a party to do, or to refrain from doing, certain acts National Citizenship- relationship between the citizen and the nation Black Codes- Regulations passed by Southern state government during Reconstruction to prohibit African Americans from voting Amendments in general - Amendment I- Free Religion, Speech, Press, Assemble, Petition - Amendment II- Keep and bear arms - Amendment III- No quartering of troops - Amendment IV- No unreasonable searches/seizure without a Warrant - Amendment V- life, liberty, property without due process of law - Amendment VI- Speedy and public trial - Amendment VII- trial by jury - Amendment VII- No cruel and unusual punishments - Amendment IX- rights of the people that are not specifically mentioned in the constitution - Amendment X- Powers not given to the Federal government are given to the states/people - Amendment XI- state sovereignty immunity - Amendment XII- process for electing president and vice president; inauguration March 4 - Amendment XIII- Bans slavery - Amendment XIV- If you are born in the US; you are a citizen of the US; due process of law; separate but equal clause - Amendment XV- No can be denied voting based on race, color - Amendment XVI- congress can collect income tax

- Amendment XVII- Direct election of Senators; the State appoints a person to fill the vacancy - Amendment XVIII- No more alcohol; - Amendment XIX- Women can VOTE! - Amendment XX- Change of inauguration day to January 20 at Noon - Amendment XXI- Alcohol is allowed ;) - Amendment XXII- 2 Term or 10 year Presidential limit - Amendment XXIII- The total electors for states is Congress + House of Representatives + District of Colombia - Amendment XXIV- no poll tax - Amendment XXV- If president dies; vice president; then speaker of the house - Amendment XXVI- if you are 18+ you can vote - Amendment XXVII- You cannot lower the income of Senators or Representatives Equality of Condition- Equality in all aspects of life, such as personal possessions, living standards, medical care, and working conditions Substantive due process- Those judicial interpretations of the due process clauses of the Constitution that require that the content of laws be fair and reasonable De jure segregation- Segregation by law; South US Incorporation- The process through which the Supreme Court applied the due process clause of the Fourteenth Amendment to extend the protections of the Bill of Rights against state interference Religious tolerance in colonial times- Religion is determined by state. Rhode Island took everyone, so it was frowned upon Writ of Assistance- A document giving a governmental authority the power to search and seize property without restrictions Necessary and Proper Clause- The clause in Article I of the US Constitution that gives Congress the power to make all laws that are necessary and proper to carry out the powers expressly delegated to it by the Constitution Equal Protection- a requirement of the 14th amendment to the US constitution that state laws may not arbitrarily discriminate against person; one of the key principles of American constitutionalism Lemon TestThe government's action must have a secular legislative purpose; The government's action must not have the primary effect of either advancing or inhibiting religion; The government's action must not result in an "excessive government entanglement" with religion.

Exclusionary Rule- The rule established by the Supreme Court, that evidence unconstitutionally gathered by law enforcement officers may not be used against a defendant in a trial Private Association Rights- the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests De Facto Segregation- Segregation by Fact; North US Religious Tests- A requirement that a person swears to a belief in G-d or belongs to a particular religion in order to qualify for a political office or to vote Bill of Attainder- an act of the legislature that inflicts punishment on an individual or group without a judicial trial Probable Cause- Reasonable grounds for presuming guilt in someone accused of a crime; required in case in which a law enforcement officer needs to conduct a search or seizure and cannot for practical purposes, obtain a search warrant

Cases:
Marbury v. Madison- established the basis for judicial review; Scott v. Sanford- Slaves are property and blacks are not citizens; set forth what are the right for American citizens Barron v. Baltimore- the bill of rights does not protect the states wrong doings; just the national government Plessey v. Ferguson- separate but equal doctrine is upheld and segregations continues Brown v. Board of Education- separate but equal education facilities are inherently unequal Miranda v. Arizona- The police has to tell people that their rights are; hoping someone does not know their rights to abuse them Mapp v. Ohio- 4th amendment was incorporated; have to have a warrant to search people homes Powell v. Alabama- State courts must appoint a council during a capital case of indigents; only appoint in non capital cases if unfair trial occurs Roe v. Wade- Cannot restrict abortion in the first trimester; more restrictions in the second trimester; severe restrictions in the third trimester Tecumseh v. Earls- Random testing of students in extra curricular activities is a violation of the 4th amendment Wisconsin v. Yoder- Mandatory education laws do not apply to Amish Church of Lukumi Babalu Aye v. Hialeah- Hialeah law is unconstitutional. You cannot pass an ordinance that is racist and directed toward one person

Lee v. Weissman- Prayer at public school graduation violated establishment clause Cohen v. California- Symbolic speech is protected; jacket with bad words on it is protected Miller v. California- Obscenity is not protected by the first amendment Schenck v. US- WWI pamphlets are not protected because is provided a clear and present danger Tinker v. Des Moines- Black arm bands protesting the Vietnam War is constitutional; symbolic speech is protected Chaplinsky v. New Hampshire- If what you are saying will lead to violence, you cannot say it; fighting words are not protected Hill v. Colorado- Right to assembly is limited to 100 ft away a medical facility; have to protect the womens right to enter the building feeling safe