Gov’t ch 19 20 – Flashcards
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What is the difference between civil rights and civil liberties?
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CL are protections against the gov't and CR are positive guarantees by the gov't (discrimination)
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What is the BIll of Rights and how did it come to be added to the constitution?
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The bill of rights is a general listing of the people's rights. It was added to the constitution because there was a public outcry due to the fact that there were no general rights of the people listed.
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Why does aid to parochial schools often pose a constitutional problem?
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If aid was given it could be in support of a religion which is not constitutional.
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What is symbolic speech and give an example.
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It's communicating ideas through body language, carrying a sign or wearing an arm band. An example is picketing... (striking) parading around a place of business in order to get something.
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Compare libel and slander.
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Libel is false or misused words printed while slander is spoken false words.
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Why does the government restrict seditious speech?
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Seditious speech is the urging of an attempt to overthrow the government by force or to disrupt its lawful activities with violence. It is restricted by the government because words can be weapons.
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What does the right to assemble peacefully mean?
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One cannot incite others to violence, block a public street, close a school, or otherwise endanger life, property, or public order.
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Summarize briefly how the supreme court has limited the time, place, and manner of assembly.
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The govt can regulate time, place, manner... but it cannot regulate what might be said there.)
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Define probable cause.
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A reasonable suspicion of committing a crime.
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What is the exclusionary rule?
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Evidence illegally obtained cannot be used in a court of law.
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What does the writ of habeus corpus seek to prevent?
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Intended to prevent unjust arrests and imprisonments.
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What is meant by due process?
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In whatever it does, the government must act fairly and in accord with the established rules from the constitution.
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How does due process effect the government?
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5th amendment says that the government cannot deny anyone life, liberty, or property with out the due process of law. 14th amendment places the same restriction on the states and the local governments.
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Due Process Clause
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A constitutional guarantee that a government will not deprive any person life, liberty, or property by unfair, arbitrary, or unreasonable action.
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Libel Slander Symbolic Speech Seditious Speech
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Symbolic speech doesn't belong because a the others deal with either violence or lies. Symbolic speeches communicate ideas through body language.
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Civil Liberties Civil Rights Right of Association Shield Law
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Right of association doesn't belong because it is not a protection, its simply a right.
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Bill of Rights Free Exercise Clause Establishment Clause Prior Restraint
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Prior restraint doesn't belong because it is not a constitutional right/guarantee.
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Parochial Picketing Assemble Symbolic Speech
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Parochial doesn't belong because it is dealing with churches while all of the others are dealing with the right to assemble with symbolic speech and picketing is a form of a peaceful assembly
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A group convened by a court to determine whether or not there is enough evidence against a person to justify a trial.
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Grand Jury
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The power of each state to act to protect and promote the public health, safety, morals, and general welfare.
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Police Power
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A legislative act that inflicts punishment without court trial.
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Bill of Attainer
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During colonial times British officials used __________ in order to search private homes for smuggled goods.
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Writs of Assistance
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An __________ is a law applied to acts performed before the law was passed.
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Ex Post Facto Law
