American Gov Chapter 19 Study Guide – Flashcards
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The Declaration of Independence states that we have certain ____ or individual freedoms that are theirs from birth
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Unalienable rights
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What three unalienable rights are guaranteed by the Declaration of Independence
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Life, liberty, and pursuit of happiness
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T o F Originally the constitution did not contain a listing of the rights of the people
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True
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The first session of the new Congress proposed a series of amendments, ten of the, became know as the ____
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Bill of Rights
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_____ are protections against arbitrary government acts
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Civil Liberties
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The Constitution does however guarantee both ___ and ___, terms often used interchangeably
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Civil liberties and civil rights
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Random
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Arbitrary
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Positive acts of government that uphold the Constitution
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Civil Rights
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List an example of Civil Liberties and of Civil Rights
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CL: freedom of speech, religion, and the guarantee of a fair trial CR: prohibition of discrimination on the basis of race or sex
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T o F The framers held that the primary purpose of government was not to protect the rights of citizens but to protect the rights of the government
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F it was to protect the rights of citizens
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Persons have the right to do whatever the please as long as ____
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They do not infringe upon the rights of others
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T o F People have the right to freedom of speech which is unlimited
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F it is limited
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What court case found that you can be punished for using obscene language or causing someone to commit a crime
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Federal Communication Commission v Fox Television
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An offensive or indecent act or expression
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Vulgarity
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The Supreme Court rejected the free press argument, overturned the conviction and ordered a new trial
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SHEPPARD v Maxwell
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People who are not citizens of the country in which they live
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Aliens
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T o F Aliens do not have all the same rights as a citizen of the US
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True
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What is one right Citizens have that aliens do not
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The right to travel freely
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Forcibly moved
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Evacuated
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Another name for the 14th amendment
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Due process clause
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Says that no state shall... Deprive any person of life, liberty, or property, without due process of law
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14th amendment
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Merged
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Incorporated
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The Supreme Court held that freedom of speech and press can not be denied by the National Government
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GITLOW v New York
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T o F The Constitution does not contain a complete list of all the rights held by Americans
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True
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___ states the list of rights stated in the Constitution is not a complete list, and just because it is not listed, does not mean the people do not have to do it
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Ninth amendment
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The ___ sets out two guarantees of religious freedom
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First amendment
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What are the two guarantees of religious freedom set out by the first amendment
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Establishment Clause and Free Exercise Clause
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The Establishment Clause sets up, in Thomas Jefferson's words " a wall of separation between ___ and ___
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Church and state
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The government has done much to encourage churches and religion. name 2 examples
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-Nearly all property of and contributions to churches are tax exempt -Chaplains serve in branches of military -public officials take an oath in the name of God -national anthem, coins and currency make references to God
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The most important early Supreme Court case involving the Establishment Clause was ____
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Pierce v Society of Sisters
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The court held that a state law in Oregon compelling all students to attend public schools was unconstitutional
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Pierce v Society of Sisters
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What does parochial mean
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Church related
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____ programs allowed public schools to release students during school hours to attend religious classes
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Release time
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This court case struck down the law of release time programs because the program used public faculties for religious purposes
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McCollum v Board of Education
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Upheld a New York Program because it required religious classes to be held in private places off school grounds
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ZORACH v clauson
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What case outlawed the use of a prayer written by the New York board of regents
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Engle v vitale
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What case struck down a law requiring each day to begin with the reading from the bible and recitation of the Lord's prayer
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Abington School District v Schempp
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A similar case to the Abington School District v Schempp but in Baltimore
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Murray v Curlett
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What case found a law ordering the ten commandments be posted in all classrooms unconstitutional
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Stone v Graham
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What case found requiring a one minute moment of silence for meditation unconstitutional
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Wallace v Jaffee
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What case found offering a prayer as part of a public school graduation unconstitutional
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Lee v Weisman
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What case found a student led prayer at high school football games unconstitutional
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Santa Fe Independent School District v Doe
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The Courts first ruling on the Establishment Clause came in ____
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EVERSON v Board of Education
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What case was the court upheld a state law that provided for the public, tax supported busing of students attending any school in the state
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EVERSON v Board of Education
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The ___ declares any public high school that receives federal funds must allow student religious groups to meet in school on the same terms that it sets for other student organizations
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Equal Access Act
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In this court case, the court held the equal access act did not violate the Establishment Clause
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Westside Community Schools v Mergins
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What case founded that the refusal of grade schoolers to meet after school and sing, pray, and memorize scripture was a violation of the first and 14th amendments
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Good News Club v Milford central school
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In this case the court struck down a state law forbidding the teaching of evolution
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Epperson v Arkansas
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In this case it voided a Louisiana law that required teaching of creation science
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Edwards v Aguillard
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What does secular mean
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Non-religious
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What does sectarian mean
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Religious
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A three pronged standard, to determine whether the aid is constitutional or not
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Lemon Test
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What are the three parts of the Lemon Test
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-A law must have secular purpose -it must neither enhance nor inhibit religion -it must not foster an excessive entanglement of government and religion
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What court case does the Lemon Test come from
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Lemon v Kurtzman
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What court case struck down a PA law that provided reimbursement for private schools to cover their costs for teacher salaries, textbooks, and other teaching materials in no religious courses
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Lemon v Kurtzman
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In this case the court upheld an Ohio experimental school choice program where parents received a voucher from the state and used them to send their children to private schools
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Zelman v Simmons-Harris
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In this case the court held that Pawtucket, Rhode Island could include a nativity scene in its holiday scene which included other no religious objects
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Lynch v Donnelly
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In this case the court held that the seasonal display endorsed Doctrine and so violated the 1st and 14th amendments
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County of Algany v ACLU
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In this case the city's display of a Christmas tree and an 18ft menorah was a declaration to the city's dedication to religious freedom
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Pittsburgh v ACLU
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In this case the court held the Ten Commandments monument as not a violation of the 1st and 14th amendments for a number of reasons
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Van Orden v Perry
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What were two reasons the Ten Commandment Monument was allowed
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-it was erected in 1961 as part of a private groups campaign against juvenile delinquency -it was among 37 other historical and cultural markers -it has gone unchallenged for 40 years
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In this case the Supreme Court claimed the first amendment does not forbid Congress the power to punish those actions that are violations of social duties or subversive of good order
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Reynolds v US
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Certain law prohibiting certain activities, such as requiring businesses to be closed on Sundays
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Blue laws
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In this case the court struck down a city ordinance that outlawed animal sacrifices as part of any church services
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Lukumi Babula Aye v City of Hialeah
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What are the two fundamentally important purposes expressed in the freedom of speech and press
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To guarantee to each persona right to free expression, in the spoken and written words To all a wide ranging discussion of public affairs
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As justice ___ put it, "Freedom for the thought we hate."
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Oliver Wendell Holmes
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The false or malicious use of printed word
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Libel
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The false or malicious use of spoken word
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Slander
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Knowledge that is false or with a reckless regard of whether it was false or not
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Malice
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Case that stated public figures can not recover damages for a published criticism
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New York Times v Sullivan
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What is obscene
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Offensive to the senses
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The crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts
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Sedition
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The advocating of attempting to overthrow the government by force
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Seditious Speech
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These laws were meant to stifle the opponents of President John Adams
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Alien and Sedition Acts
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During WWI, congress passed this law, which made it a crime to encourage disloyalty, interfere with the draft, obstruct recruiting, incite insubordination, in the Armed forces or hinder the sale of government bonds
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Espionage Act
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Rebellion or disobedience in the armed forces
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Insubordination
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What is profane
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Treat something sacred with disrespect
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What is scurrilous
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Insulting or scandalous
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In this case the Supreme Court upheld the conviction of a man for sending leaflets to 15,000 draftees urging them to resist the draft
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Schenck v US
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What case established the clear and present danger rule
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Schenck v US
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In this case the court he,d that merely urging a person to believe something can not be made illegal
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Yates v US
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This case was the leading case on obscenity today
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Miller v California
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What are the three parts to the obscenity test
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-the average person sees it tends to excite lust -the work depicts or describes, a form of sexual conduct specifically dealt with in an anti-obscenity law -the work lacks serious literary, artistic, political, or scientific value
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Which court case is known as the pentagon papers
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New York Times v US
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What is an injunction
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A court order
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T o F Reporters cannot be forced to testify before a grand jury or a legislative committee
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False they can be forced to
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In this case the Supreme Court held that reporters, like any other citizen must respond to relevant questions put to them in the courses of valid investigations or trials
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Braznburg v Hayes
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Some thirty states have implemented these laws which give reporters some protection against having to disclose their sources
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Shield laws
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Most of the regulation relating to Radio and TV is based on the ___
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FCC(Federal Communication Commission Act)
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Communicating ideas by conduct
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Symbolic Speech
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Silence or smother
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Squelch
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Speech for business purposes
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Commercial Speech
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Gather with one another
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Assemble
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The right to bring their views to the attention of public officials
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Petition
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People purposely violating the law , nonviolently, as a means of expressing their opinion
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Civil disobedience
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In this case the court upheld the a city ordinance that prohibits the making of noise or any other diversion near a school if they are disruptive
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Grayned v City of Rockford
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What case forbid parades near courthouses that are intended to influence the court proceeding
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Cox v Louisiana
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Content neutral means the government can regulate time place and manner, but not ____
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What it is about
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The right to join with others to promote political, economic, and social causes
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Right of Association
