POLS Chapter 11: Court Cases

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JahairaDee
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POLS Chapter 11: Court Cases
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2013-03-07 11:13:18
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Political Science nCourt Cases nKey Terms
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Chapter 11
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  1. Decided that the death penalty was illegal for minors because of scientific research on brain development, international opinion and the decisions of state legislators. (Violates 8th amendment: Cruel and unusual punishment)
    Roper vs. Simmons
  2. Court rebuffed the Bush's administration position on having the authority to try enemy combatants by military commissions rather than in civilian courts, could ignore the Geneva Conventions (the accused has the right to see and hear evidence for alleged crimes)
    Hamdan v. Rumsfeld
  3. Guantanamo Bay detainees have the right to pursue habeus review, the court struck down as unconstitutional the section of military commissions act barring the federal courts from hearing enemy combatants habeus corpus petitions.
    Boumediene v. Bush
  4. When fundamental liberties are at stake, (i.e. freedom of speech and of the press) are at stake,k the due process clause of the 14th amendment prohibits the state from infringing on those liberties. [Changed balance of federalism, first time constitution was interpreted to protect freedom of speech from state)
    Gitlow v. New York
  5. Has the right to bear arm, state restrictions on handguns and other arms are subject to strict constitutional review. States have to abide by 2nd amendment, can have their own handgun restrictions.
    McDonald v. Chicago
  6. Allow government funds to reimburse parents for transporting children to private religious schools.
    Everson v. Board of Educations of Ewing Townsip (1947)
  7. To pass constitutional muster a law must:
    -have a secular legislative purpose
    -neither advance nor inhibit religion:
    -avoid "excess government entanglement with religion"
    Lemon v. Kurtzman
  8. Determined the government does not always need to show an interest if it's laws infringe on religious exercise. As long as it does not single our and ban religious practices.
    Employment Division v. Smith
  9. Neither public officials nor public figures can collect damages form comments made about them unless they were made with actual malice. Nor can they collect damages even when subject to outrages, clearly inaccurate parody's.
    New York Times v. Sullivan
  10. Established constitutional definition of obscenity: 
    -The work takes a prurient interest in sex
    -The work depicts or describe sexual conduct. (legislator must define in law each obscene act)
    -The work lacks serious literary artistic, political, of scientific value.
    Miller vs. California
  11. Struck down law forbidding advertising the price of drinks. The states may forbid and punish only false and misleading  advertisements, along with promoting anything illegal.
    44 Liquormart Inc v. Rhode Island (1966)
  12. The court struct down provisions that made it a crime to send obscene or indecent messages to anyone under the age of 18.
    Reno v. American Civil Liberties Unit
  13. "Public use" was not limited to eminent domain to build a road or a bridge but includes "promoting economic development". People can receive compensation for their own, only based on their price value, not emotional value.
    Kelo v. City of New London
  14. Supreme court pulled together elements from different amendments to recognize that personal privacy is a right the constitution protects. The right has three aspects:
    -right to be free from governmental surveillance and intrusion
    -right not to have the government make private affairs public
    -the right to be free in thought and belief from governmental regulations.
    Griswold v. Connecticut
  15. Right to privacy extends to a woman's decision to terminate her pregnancy. Must follow:

    -during the first trimester she can have an abortion
    -during the second trimester, depends on circumstances
    -during the third trimester, no abortion.
    Roe v. Wade
  16. Upheld Roe v. Wade. States can decide when it's okay to have an abortion, threw out the trimester framework.
    Planned Parenthood v. Casey
  17. The Court struck down Nebraska's ban on partial birth abortions because it completly forbade one kind of medical procedure and provided no exception for when a woman's health is at stake.
    Stenberg v. Carhart
  18. The court refused to declare unconstitutional a Georgia law making consensual sodomy a crime.
    Bowers v. Hardwick
  19. Struck down Texas law making sodomy a crime.
    Lawrence v. Texas
  20. Police have the right to perform a stop and frisk when they believe someone is armed.
    Terry v. Ohio
  21. Illegibly obtained evidence is barred from being used in court.
    Mapp V. Ohio
  22. Evidence in trial cannot be used if obtained before notifying the suspects that they have a right to remain silent.. etc. "Miranda Rights"
    Miranda v. Arizona (1996)
  23. Reaffirmed "Miranda Rights"
    Dickerson v. United States
  24. In California, committing three felonies allows a 25-to-life sentence.
    Ewing v. California
  25. No person shall be subject for the same offence twice.
    Double Jeopardy.
  26. Death could not be used when the defendant was convicted of child rape in which a death did not result.
    Kennedy v. Lousiana
  27. The constitutional protections of all persons against governmental restrictions on the freedoms of conscience, religion and expressions.
    Civil Liberties.
  28. The constitutional rights of all persons to due process and the equal protection of the laws: the constitutional right not to be discriminated against by governments because of race, ethnic background, religion or gender.
    Civil Rights.
  29. The right to welfare benefits or to have a drivers license.
    Legal privileges.
  30. Court order directing any official holding a person in custody to produce the prisoner and explain why they are being held.
    Writ of habeas cropus.

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