GOVT CH 5 – Flashcard
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Genuinely civil society must always guarantee _____
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citizens' civil liberty
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Government may not control, limit or restrain
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1. Private thoughts & feelings, public expression 2. Individual tastes & pursuits to live happily 3. Association of like-minded individuals
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No society is truly free unless ______
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its individuals citizens are permitted to take care of themselves
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The bill of rights addresses____
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major areas, can cause conflicts in rights
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Individual's rights can conflict with
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society's needs & the demands of collective living or each other
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Limiting government to empower people
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This notion of natural rights and limited government was central to the founders of the American system.
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Rights and the Power of the People
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Citizens have special protections and powers that allow them to stand up to government and plead their cases when they believe an injustice is being done.
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Two major rights conflicts that concern citizens in a democracy
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- between individuals - when the rights of individuals are pitted against the needs of society and the demands of collective living
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Civil liberties
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Rights spelled out in the Bill of Rights, the first ten amendments to the Constitution. These rights limit the control the government can have over citizens' lives.
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Civil rights
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Rights spelled out in the Thirteenth, Fourteenth, Fifteenth, and Nineteenth Amendments, as well as many laws passed by Congress. These laws attempt to provide equal treatment for those traditionally underrepresented in our political system.
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Individual rights vs the good of society
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Moralistic laws attempt to regulate behavior based on society standards
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Paternalistic laws seek to
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protect individuals from dangerous behavior
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Avenues to resolve conflicts
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-courts -congress -the president -the people
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What problems are solved in the courts
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Arbitrate disputes among people over rights
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What problems are solved in congress
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Sometimes takes decisive actions to limit or expand rights
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What problems are solved by the president
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Uses influence to expand or contract individual rights
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What problems are solved by the people
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Use groups, organizations to argue for resolution of rights
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The Bill of Rights
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First ten amendments to The Constitution
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Who opposed the Bill of Rights
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Hamilton in Federalist No. 84
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Why did Hamilton oppose the Bill of Rights
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-Constitution was already a bill of rights -Cannot suspend habeas corpus, bills of attainder, ex post facto laws -State constitutions protected individual rights
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Who supported the Bill of Rights?
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The anti-federalists
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What was eventually used as a compromise to help ratify the Constitution
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Bill of Rights
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Anti-Federalist fear of __________ : originally interpreted to apply only to ______ government, not _____
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central power; federal government; not the states
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The 14th Amendment (1868) was meant to _________
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extend the original Bill of Rights to the states
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Selective incorporation
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extending protections of the Bill of Rights to the state governments, one right at a time
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When did the rise of civil liberties begin?
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1940s & proceeded slowly
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1st amendment
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Freedom of religion, speech, press, and right to assemble
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Article 1: establishment clause
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First Amendment guarantee that the government will not create and support an official state religion
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Separationists:
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complete wall of separation between church & state
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Accommodationists:
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state can't show a preference for one religion over another
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Free exercise of religion:
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citizens may freely engage in the religious activities of their choice
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Article 1: free exercise clause
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First Amendment guarantee that citizens may freely engage in the religious activities of their choice
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Compelling state interest
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???? idk ask cray
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In a democracy, 4 reasons for keeping speech free of restriction:
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1. Informed citizenry 2. Watchdog for government 3. Voice for minority 4. Preservation of the truth
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Informed citizenry
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Citizens are responsible for participating in government Must have information on what gov't is doing
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Watchdog for government
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Free to voice criticism, investigate actions, debate decisions
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Voice for the minority
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Censorship usually allows the voice of the majority to prevail
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Preservation of the truth
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Free traffic of all ideas is essential in a society that values truth Expression of all ideas allows us to discover truths that we had previously believed to be false
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Free speech & expression protect democracy, but government can regulate in some cases:
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1. Freedom of speech is not absolute but does have its limits (Not at liberty to shout "fire" in a crowded theatre) 2. Symbolic speech Burning the US flag is freedom of expression, permitted Cross-burning intended as threat of violence, not permitted
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Obscenity: SLAPS test
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Serious literary, artistical, political or scientific value
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Miller test
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rule used by the courts in which the definition of obscenity must be based on local standards
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Obscenity and pornography
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The Court has identified areas of protected expression for almost all kinds of obscenity, including child pornography: However, computer simulations of minors engaged in sexual acts are protected
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Press has gained more clarification through ____
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Supreme Court actions
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Prior restraint
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A restriction on the press before its message is actually published is a more dangerous form of censorship
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Libel
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written defamation of character
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Slander
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is verbal defamation
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Media coverage may make it difficult to find an _____ as required by the ____ Amendment
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impartial jury; 6th
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Restrictions on sedition:
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Speech that criticizes the government to promote rebellion Concerns about this issue come up with freedom of the press or peaceful assembly scenarios. Bad tendency test Clear and present danger test Imminent lawless action test
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Political correctness
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the idea that language shapes behavior and therefore should be regulated to control its social effects
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Threats to liberty
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- Must have protection against social tyranny - Even a majority opinion is fallible - Individuality is one element of well-being
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English bill of rights 1689
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"Restored a long established natural right in English law" - English subjects were allowed to keep arms for their protection - James II, who had been deposed, had tried to disarm the Protestants - Bill of rights enacted to avoid similar action by King William
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US Militia Act of 1792 (general)
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US Militia Act set federal standards for organization of the Militia
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US Militia Act of 1792 (specific)
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- Able-bodied citizens over 18 and under 45 shall be enrolled in the militia. - Every citizen so enrolled shall provide himself with a good musket or firelock, bayonet & belt, cartridges, powder, etc - Respond to the call of the President as needed to augment to army
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Article 2
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The right to bear arms
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Congress has acted 3 times on gun laws
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Brady Bill (1993) requiring background checks Crime Bill (1994) barring semi-automatic assault weapons Bill (1995) carrying a gun near a school illegal
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US has _____ restrictive gun control laws in developed world Except for Switzerland
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least; Except for Switzerland
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Due process of law:
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guarantee that laws will be fair and reasonable and that citizens suspected of breaking the law will be treated fairly
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Intended to provide those suspected of a crime with safeguards against abuse by those in power and provide due process of the law:
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- All laws must be reasonable and fair - Those accused of breaking the law (and who stand to lose life, liberty, or property as a consequence) have the right to appear before a judge - Right to legal counsel - Right to present any contradictory evidence in their defense
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4th amendment
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protection from unreasonable search and seizure
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5th Amendment
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right to Grand Jury in capital offense, protection from double jeopardy and self-incrimination, Due Process Clause
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6th Amendment
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trial by jury in criminal cases, right to speedy and public trial, Confrontation Clause, right to counsel
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7th Amendment
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trial by jury in civil cases
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8th Amendment
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prohibition of excessive bail and cruel and unusual punishment
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9th Amendment
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Rights of the people not limited to those spelled out in Constitution
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10th Amendment
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States or the people retain any powers not expressly given to the national government
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Individual rights not addressed because framers desired ____
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limited government
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14th Amendment
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liberty guaranteed by the Due Process Clause (also in 5th Amendment)
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Current amendments do not address some areas that could be included as the right to privacy such as
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Reproductive rights LGBT rights The right to die
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In the 1940s, some states had made it a crime to _______
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use birth control or distribute information on how to prevent pregnancies
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_________ was official US policy on homosexuals serving in the military Sept 1993 to Sept 2011
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Don't ask, don't tell (DADT)
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The right to die
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Debates about the ethics of euthanasia & physician-assisted suicide date from ancient Greece & Rome
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Death with Dignity
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"Death with Dignity" laws in enacted to provide right to die
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A Bill of Obligations
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Establishing a Bill of Obligations would spell out what the people must do in return
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Ideas within a Bill of Obligations
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Voting? Military service? Others?
