Government Chapter 19 and 20 – Flashcards
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The first 10 amendments to the constitution
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Bill of Rights
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Protections against the government; guarantees of safety of persons, opinions, and property from arbitrary acts of government
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Civil Liberties
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Positive acts of government that protect individuals from discrimination based on race, sex, religion, or national origin
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Civil Rights
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How are the rights of citizens limited?
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You can do whatever your want as long as it does not infringe the rights of others
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What does due process clause guarantee?
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A State cannot deny any person a basic right that is essential to liberty
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What are the two guarantees of religious freedom in the 1st amendment?
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You don't have to establish a religion, you can freely practice religion
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A test to decide if a state law amounts to an "establishment" of religion
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Lemon Test
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List the criteria of the Lemon Test
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A law must have a nonreligious purpose, it cannot advance or prevent religion, must not encourage an excessive entanglement between government and religion
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In what ways are a person's actions under the Free Exercise Clause limited?
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You cannot put up displays that are specific to a single religion
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Summarize the ruling of Pierce v. Society of Sisters
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Oregon's attendance law was unconstitutional because it required children to attend public school
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Summarize the ruling of Everson v. Board of Education
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New Jersey could use tax money to bus kids to church schools
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Summarize the ruling of McCollum v. Board of Education
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Illinois' release time program was unconstitutional because it used public facilities for religious purposes
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Summarize the ruling of Zorach v. Clauson
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Release time was unconstitutional because it required religious classes to be held on school grounds
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What are the 2 basic purposes of the guarantees of free speech and press in the 1st and 4th amendments?
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To guarantee the freedom of speech by any means, to guarantee a mass discussion of public affairs
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False and malicious use of printed words
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Libel
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False and malicious use of spoken words
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Slander
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Is Libel protected by the constitution?
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No unless a statement was made knowing it was a lie
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Is Slander protected by the constitution?
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No
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The advocating, or urging, of such conduct
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Seditious Speech
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Is Seditious Speech protected by the constitution?
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No
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Moral standards that vary from time to time
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Obscenity
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Is obscenity protected by the constitution?
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No
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Communicating ideas though conduct, including signs and armbands
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Symbolic Speech
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Is Symbolic Speech protected under the Constitution?
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No
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Has the Supreme Court acknowledged symbolic speech?
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Yes
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List the Supreme Court's 3 part test to determine if material of obscene?
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The material tends to excite lust, the material shows an offensive way of sexual conduct, the material lacks moral value
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What right(s) does the 1st amendment guarantee of freedom of assembly protect?
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Peaceful assembly and petition
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What right(s) does the 1st amendment guarantee of freedom of assembly NOT protect?
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Civil Disobedience
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The act of purposely violating the law in a nonviolent (but deliberate) way to express opposition to some particular law or public policy
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Civil Disobedience
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What kind of rules can government make to regulate assemblies?
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Time, place, and manner
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What guidelines must the rules to regulate assemblies follow?
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Cannot regulate what might be said
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Are demonstrations on private property constitutionally guaranteed?
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No
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The right to join with others to promote political, economic, and social causes
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Right of Association
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The government must act fairly and in accord with established rules; it may not act unfairly, arbitrarily, or unreasonably
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Due Process
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Which amendments protect Due Process?
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5th and 14th
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The methods of government action must be fair
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Procedural Due Process
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The policies of governmental action must be fair
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Substantive Due Process
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List an example of Procedural Due Process
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The right to counsel
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List an example of Substantive Due Process
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Any law passed must be constitutional
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What power of the states gives them the right to protect the health, safety, and welfare of its citizens?
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Police Power
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Give an example of the promotion of health
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Limiting alcohol sales
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Give an example of the promotion of safety
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Requiring seat belts
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Give an example of the promotion of morals
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regulating gambling
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Give an example of the promotion of general welfare
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Requiring mandatory education
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On what constitutional principle did the Supreme Court rule the legality of abortion in Roe v. Wade?
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14th Amendment's right to privacy
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What did the 13th amendment outlaw?
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Slavery
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What did the Supreme Court rule in the landmark case District of Columbia v. Heller?
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DC's strict gun ordinance was unconstitutional
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Which amendment forbids the quartering of soldiers in private homes in peacetime without the owner's consent?
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3rd
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What did the 4th Amendment protect against?
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Unreasonable searches
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Why was the 4th Amendment important to the colonists?
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British used to invade colonists' houses
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What must police have in order to obtain a search warrant?
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Probable Cause
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Reasonable suspicion of a crime
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Probable Cause
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Evidence gained as a result of an illegal act by police
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Exclusionary Rule
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Can the exclusionary rule be used at a trial?
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No
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In what areas did the Patriot Act give broad powers to the government?
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Investigation, Immigration, Terrorist Group Financing
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This commands a prisoner to be brought before a court and an officer to show cause to why the prisoner should not be released?
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Writ of Habeas Corpus
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A legislative act that provides for the punishment of a person without a court trial
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Bill of Attainder
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Law that makes something a crime after a fact
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Ex Post Facto Laws
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A formal device by which a person can be accused of a serious crime
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Grand Jury
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How many grand jurors are required to return an indictment?
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12
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What Amendment allows the Grand Jury?
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5th
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Once a person has been tried for a crime, he or she cannot be tried again for that same crime
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Double Jeopardy
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What Amendment allows Double Jeopardy?
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5th
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Why are Speedy Trials significant?
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They ensure the government will try a person within a reasonable time and without delay
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Which Amendment allows Speedy Trials?
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6th
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What criteria determines if a delay has violated the protections of Speedy Trials?
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Its length, its reasons, wether it harmed the defendant, wether the defendant asked for a short trial
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Explain Adequate Defense
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Anyone accused has the right to the best defense possible
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What amendment allows Adequate Defense?
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6th
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Explain Self Incrimination
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The defendant can be a witness against himself
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Which amendment protects Self Incrimination?
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5th
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What does Miranda require in all cases?
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The defendant to know their constitutional rights before questioning
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The sum of money the accused is required to pay as a guarantee they will return to appear in court
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Bail
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On what two bases is bail justified?
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A person will not be jailed until proven guilty, a person better able to prepare for trial outside of jail
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Is bail guaranteed by the constitution?
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No
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What amendment protects against cruel and unusual?
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8th
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According to the Supreme Court, what is the intend of cruel and unusual punishment protection?
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Preventing Medieval torture
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The death penalty
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Capital Punishment
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Who uses Capital Punishment?
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Federal Government and 33 states
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Is capital punishment constitutional?
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Yes
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Who can the Supreme Court reject for Capital Punishment?
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Minors and mentally challenged
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What do you need to wiretap?
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A warrant
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Formal complains before a grand jury
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Indictments
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Employees cannot be fired because of political membership? This is called ______________________.
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Right of Association
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A ban on words before they are printed
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Prior Restraint
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Freedoms the government may not take away
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Civil Liberties
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What do you need to receive a warrant?
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Probable Cause
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Protection of an unpopular vote is protected by ___________________.
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Freedom of Speech
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_________________ cannot require religious exercise.
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Schools
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The Anti-Federalist wanted the ______________ added the Constitution before agreeing to ratify it
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Bill of Rights
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____________________ separates Church and State in the first amendment
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Establishment Clause
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Cops cannot search a home without a _______________.
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Warrant
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When can the death penalty be used in sentencing?
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Crimes resulting in death
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___________________ protects reports from having to reveal their sources
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Shield Laws
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The freedom to not worship a religion is part of the _____________________ in the first amendment
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Establishment Clause
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Freedom of the press is protected by ___________________.
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Shield Laws
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What prohibits an establishment of religion?
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Establishment Clause
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What allows you to freely practice religion?
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Free Exercise Clause
