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Government Test 2

TermDefinition
civil liberties protection from government
bill of rights ratified in 1791
bill of rights originally interpreted to restrain the power of the federal government
14th amendment 1868
1st amendment separation of church and state, free exercise of religion, freedom of speech
2nd amendment right to keep and bear arms
4th amendment unreasonable searches and seizures
5th amendment due process
6th amendment right to counsel
8th amendment "cruel and unusual punishment"
10th amendment reserved powers of the states
1960's important decade of the supreme court broadening interpretations of civil liberties
Thomas Jefferson 1st amendment "wall of separation between church and state"
Engel v. Vitale Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment,
lemon test statute must have a secular legislative purpose, primary effect must be one that neither advances nor inhibits religion, and must not foster an excessive government entanglement with religion
symbolic speech a wide range of nonverbal communication including marching, wearing armbands, and displaying or mutilating the U.S. flag
14th amendment "equal protection clause" states must treat all persons equally
fundamental rights like the first amendment, they are primary and sacred
"strict scrutiny" test few laws are found constitutional using strict scrutiny, highest form of judicial review
"strict scrutiny" test subject to a law if it prevents the exercise of a fundamental right or involves a suspect classification
"strict scrutiny" test is passed if a law promotes a compelling state interest and is narrowly tailored
"equal protection" originally intended to protect blacks after the civil war
racial basis test laws mostly found constitutional if they are “reasonable”
jim crow laws laws in the United States enacted between 1876-1965 that mandated racial segregation in all public facilities with a "separate but equal" status for black Americans
Plessy v. Ferguson upheld "separate but equal"
Brown v. Board of Education overturned “separate but equal” established in Plessy
de jure segregation segregation by law
de facto segregation segregation by facts
president Eisenhower sent National Guard troops into Little Rock’s Central High School
busing attempt to end de facto segregation
Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin
Voting Rights Act of 1965 prohibits discrimination in voting
19th amendment 1920, gives women right to vote
Nancy Pelosi 1st women Speaker of the House
Sandra Day O'Connor first woman to sit on the Supreme Court
latinos largest ethnic minority in US
2050 Latinos will be estimated to make up about 30% of the US population
Americans with Disabilities Act of 1990 requires all public buildings/services be accessible to persons with disabilities and mandates that employers “reasonably accommodate” the needs of workers
common law the body of law based on judicial decisions and custom, as distinct from statute law
legal precedent judicial decision that may be used as a standard in subsequent similar cases
Stare Decisis a legal principle by which judges are obliged to respect the precedent established by prior decisions
U.S. Constitution basis for all US law
Civil law law that applies to the citizens of a city or state as opposed to international law
criminal law regulates social conduct and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people; includes the punishment of people who violate these laws
Standing to sue the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case
Justiciable controversy a state of a prolonged public dispute, or argument, that actually has the capability of being resolved by the law
U.S. District Courts the 94 United States general trial courts of the United States federal court system
fewer than 100 number of cases heard annually by the US Supreme Court
federal judges appointed by the President and confirmed by the Senate and have lifetime tenure
Marbury v. Madison established doctrine of judicial review
Created by: melissa123456