Marbury v. Madison (1803)

established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States

Miranda v. Arizona (1966)

protects against law enforcement requiring self-incrimination, gives detained alleged criminals the right to remain silent

District of Columbia v. Heller (2008)

protected an individual's (who is unconnected with a militia) right to keep and bear arms

Obergefell v. Hodges

ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution

Dobbs v. Jackson Women's Health Organization (2022)

held that the United States Constitution does not confer a right to abortion; overturned Roe v. Wade

Ledbetter v. Goodyear (2007)

employers cannot be sued under Title VII of the Civil Rights Act of 1964 over race or gender pay discrimination if the claims were based on decisions made by the employer 180 days or more before the claim

Town of Greece (NY) v. Galloway (2014)

ruled that public prayers by government employees do not violate the First Amendment

Plessy v. Ferguson (1896)

ruled that segregation did not in itself constitute unlawful discrimination; established separate-but-equal doctrine

Brown v. Board of Education (1954)

ruled that separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the Fourteenth Amendment; overturned Plessy v. Ferguson

Roe v. Wade (1973)

ruled that the 14th Amendment protects a pregnant woman's “right to privacy” in whether or not to have an abortion

Civil liberties

individual rights protected by the Constitution against the powers of the government (establishes what the government cannot do)

Civil rights

the rights of all Americans to equal treatment under the law, as provided by the 14th Amendment (establishes what the government must do)

Fourteenth Amendment

guarantees equal protection, due process, privileges, and immunities to all American citizens

Writ of Habeas Corpus

an order that requires an official to bring a specified prisoner into court and explain to the judge why the person is being held in jail

Bill of Attainder

a legislative act that directly punishes a specifically named individual (or group/class of individuals) without a trial; the Constitution prohibits Congress from passing these

Ex Post Facto Law

punishes individuals for committing an act that was legal when it was committed; prohibited by the Constitution

Bill of Rights

the first 10 amendments to the Constitution that protect the rights of the minority against the majority

Due Process Clause

a clause of the 14th Amendment; the right to be treated fairly under the legal system

Established church

a national religion; prohibited by the 1st Amendment

Virginia Statute for Religious Freedom

drafted in 1777 by Thomas Jefferson; disestablished the Church of England in Virginia and guaranteed freedom of religion to people of all religious faiths

First Amendment

freedom of religion, speech the press, assembly, and the right of the people to peaceably assemble

Establishment Clause

the clause of the 1st Amendment prohibiting the establishment of a national church

Symbolic speech

speech involving actions and other nonverbal expressions, protected by the 1st Amendment

Seditious speech

speech which urges resistance to lawful authority or advocates overthrowing the government; protected unless it meets the standards for imminent, immediate lawless action

Libel

a published report of a falsehood that tends to injure a person's reputation or character; not protected

Slander

the public utterance of a statement that holds a person up for contempt, ridicule, or hatred; not protected

"Right to privacy"

the Supreme Court held that this right is implied by the 3rd, 4th, 5th, and 9th Amendments in the case of Griswold v. Connecticut (1965)

Fourth Amendment

amendment that protects citizens from unreasonable search and seizure

Probable Cause

a requirement of the 4th Amendment that no warrant for a search or an arrest can be issued without this

Fifth Amendment

right to trial by jury, protects against self-incrimination, double jeopardy, right to due process, eminent domain

Double jeopardy

being tried twice for the same offense

Exclusionary rule

any evidence obtained illegally is not valid in court; established by the 4th amendment

Sixth Amendment

right to a speedy and public trial

Eighth Amendment

protects against cruel and unusual punishment and excessive bail

Second Amendment

right to keep and bear arms

Thirteenth Amendment

made slavery and involuntary servitude illegal

Fifteenth Amendment

prohibits the federal government or any state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude"

De jure segregation

segregation established by law (e.g. Jim Crow laws)

De facto segregation

segregation that occurs because of societal conditions, not upheld by law

Civil Rights Act of 1964

outlawed discrimination in public places, provided that funds could be withheld from any government run project or facility that practiced discrimination, banned discrimination in employment, outlawed arbitrary discrimination in voter registration, authorized the government to sue to desegregate public schools and facilities

Voting Rights Act of 1965

prohibits racial discrimination in voting

Declaration of Sentiments

organized by Stanton and Mott, called for women's rights

Nineteenth Amendment

allowed women to vote

Frances Perkins

first woman appointed to a cabinet post, served as secretary of labor under FDR

Sandra Day O'Connor

First female supreme court justice

Equal Pay Act (1963)

labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex

Fair Pay Act (2009)

An act amending Title VII of the Civil Rights Act of 1964 and stating that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action; established as a direct result of Ledbetter v. Goodyear

Americans with Disabilities Act (1990)

prohibits discrimination based on disability; requires reasonable accommodations for people with disabilities in public buildings; requires employers to provide their employees with disabilities reasonable accommodations

Defense of Marriage Act (1996)

banned federal recognition of same-sex marriage by limiting the definition of marriage to the union of one man and one woman, and it further allowed states to refuse to recognize same-sex marriages granted under the laws of other states

Stare decisis

The doctrine or principle that precedent should determine legal decision making in a case involving similar facts

Constitutional Law

the law based on the U. S. Constitution and the rights set forth in the Constitution

Statutory Law

Statutes enacted by legislative bodies (Congress or state legislatures) at any level of government

Administrative Law

The rules, orders, and decisions of administrative agencies which were created by Congress

Case Law

Decisions announced in court decisions have the effect of becoming law

Supreme Law of the Land

The U.S. Constitution

Jurisdiction

the authority of a court to hear and decide a particular case

"Standing to sue"

the requirement that an individual have a sufficient stake in a controversy before he or she can bring a lawsuit

District courts

the lowest tier of the federal court system, decided by a judge or a jury, at least one in every state and one in D.C.

Courts of Appeals

the middle tier of the court system that do not hear evidence or testimony, but review transcripts of the trial court’s proceedings, other records, and attorney arguments

Supreme Court

highest level of the U.S. court system; consists of nine justices--a chief justice and eight associate justices

Rule of Four

the Supreme Court will not issue a writ of certiorari so that a case can be reviewed unless at least four of the nine justices approve

Concurring Opinion

a statement written by a judge or justice who agrees (concurs) with the court’s decision, but for reasons different from those in the majority opinion

Dissenting opinion

a statement written by a judge or justice who disagrees with the majority opinion

Nomination process (federal judges)

President submits the name of a potential nominee to the Senate for approval, then the Senate takes a majority vote to confirm the nomination, though the President’s nominations are not always confirmed

Thurgood Marshall

first African America Supreme Court justice

Judicial Review

the power of the courts to decide on the constitutionality of laws passed by Congress and on actions taken by the executive branch

Textualism

An approach to the interpretation of statutes and the Constitution that focuses on the text and its plain meaning rather than inquiring into the purpose of those who wrote the text

Originalism

The Court looks to the intentions of the framers of the Constitution to determine the meaning of the Constitution

Modernism

The Constitution should be examined in the context of today’s society to consider how modern life affects the words in the document

Amicus curiae

an individual or organization that is not a party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case

Per curiam order

the document stating the official decision of a court; a decision or opinion is one that is not authored by or attributed to a specific judge, but rather ascribed to the entire court or panel of judges who heard the case