Term
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Definition
| "negative rights" freedoms guaranteed to individuals that take the form of restraints on the government. Declares what the government cannot do |
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Term
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Definition
| "positive rights" declare what the government must do or provide. they are powers and privileges that are guaranteed to individualss and protected against arbitrary removal at the hands of the government or other indviduals |
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Term
| To what arena of government did the bill of rights apply? |
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Definition
| To the federal government but not the states, as most amendments were in the state constitutions anyway, and this limitation served to limit the federal government, amendments began applying to the states via the 14th amendment with the due process of law |
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Term
| Which of civil liberties and civil rights does the bill of rights contain? |
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Definition
| Both are contained in the bill of rights, and in the 14th amendment as well when referring to the constitution |
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Term
| What do the people posess and what does the government possess? |
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Definition
| People possess rights and the government possesses powers |
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Term
| What are the two clauses in the first amendment dealing with freedom of religion? |
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Definition
| the Establishment Clause and the Free Exercise Clause |
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Term
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Definition
| Prohibits laws that establish religion |
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Term
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Definition
| prevents government from interfering with exercise of religion |
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Term
| With freedom of religion, what is limited and what is unlimited? |
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Definition
| Beliefs are unlimited and practice is limited |
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Term
| What does the supreme court believe of the establishment clause? |
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Definition
| That it requires the government to remain neutral |
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Term
| What has the court not interpreted of the Establishment clause? |
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Definition
| That it bars all assistance that incidentally aids religious institutions |
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Term
| What did the establishment clause erect according to Thomas Jefferson? |
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Definition
| A wall of separation between church and state |
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Term
| What are supreme court cases that dealt with the establishment clause? |
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Definition
| [Lemon v. Kurtzman (1971)] [Agostini v. Felton] [Zelman v. Simmons-Farris] [Lynch v. Donelly] |
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Term
| What is the criteria of the test to dermine constitutionality under establishment clause for government programs? |
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Definition
| Must have secure purpose, the effect must not be to advance or inhibit religion, and it must not entangle government excessively with religion |
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Term
| What was the mandate on prayer in schools? |
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Definition
| That it signifies government support of relgion, the supreme court cracked down in [Engel v. Vitale], it still persists, though schools can have afterschool religious activities |
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Term
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Definition
| A standard used in supreme court in deciding whether a law or policy is to be judged constitutional, to pass the law or policy must be justified by a compelling government interest, as well as being the least restrictive means for achieving that interest |
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Term
| What is the Religious Freedom Restoration Act (RFRA)? |
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Definition
| An act signed by Clinton in 1993 that put strict scrutiny back in practice |
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Term
| What is the Religious Freedom Restoration Act (RFRA)? |
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Definition
| An act signed by Clinton in 1993 that put strict scrutiny back in practice |
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Term
| What are the free expression clauses? |
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Definition
| The Press and Speech clauses of the first amendment |
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Term
| What is the dominant view of the free-expression clauses? |
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Definition
| That they confer a right to restricted discussion of public affairs, many scholars believe that framers did not understnad the clause |
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Term
| What do the free expression clauses bar and what is the terms definition? |
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Definition
| The Free Expression Amendments bar most forms of prior restraint. Prior Restraint is censorship before publication, as well as after the fact persecution for political and other discourse |
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Term
| What is the clear and Present Danger test? Who formulated the test? |
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Definition
| It is a means by which th supreme court has distinguished between speech as the advocacy of ideas, which is protested by the first amendment, and speech as incitement which is not. The test was formulated by Justice Oliver Wendell |
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Term
| What are some supreme court cases that deal with the present danger clause? |
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Definition
| [Schenck v. United States (1919)] [Gitlow v. New York (1925)] [Brandenburg v. Ohio (1969)] |
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Term
| What is an exception to free speech? What is a supreme court case that deals with this? |
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Definition
| Fighting wordx, Chaplinksy v. New Hampshire |
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Term
| What is the Communications Decency Act of 1996? |
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Definition
| That it is a crime for a person to knowingly circulate sexual material to those under 18, which was declared unconstitutional |
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Term
| What does the supreme deem about obscene material? |
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Definition
| That it is outside of the constitutions protection |
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Term
| What are some supreme court cases that deal with obscenity? |
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Definition
| [Roth v. United States (1957)] [Miller v. California (1973)] |
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Term
| What is thought about Freedom of the Press? |
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Definition
| That it is essential to a free society |
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Term
| What is defamation of character in the press? |
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Definition
| Libel and Slander. Libel is written defamention while slander is oral. Libel is more serious. |
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Term
| What is a supreme court case that deals with defamation of character? |
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Definition
| New York Times v. Sullivan (1964) |
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Term
| What are some supreme court cases that deal with Prior Restraint and the Press? |
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Definition
| Near v. Minnesota in 1931 and New York Times v. United States |
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Term
| What are bills of attainder? |
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Definition
| Laws that make an individual guilty of a crime without trial |
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Term
| What is an ex post facto law? |
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Definition
| Laws that declare an action a crime after it has occured, a law that the government is prohibited from enacting |
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Term
| What is the Due Process of Law and what amendment does it belong to? |
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Definition
| It regires gov to adhere to appropriate procedures and forbids unreasonable gov action. It is a part of the 14th amendment |
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Term
| What was due process of law fundamental in? |
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Definition
| Spreading the Bill of Rights of the United States Constitution to the States, a sponge |
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Term
| What is a supreme court case involving due process of law? |
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Definition
| Palko v. Connecticut (1937), Duncan v. Louisiana (1968), Gideon v. Wainwright, Miranda v. Arizona, Wolf v. Colorado (1949), Griswald v. Connecticut (1965) |
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Term
| By what year was most of the bill of rights applicable to the states? |
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Definition
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Term
| What are the miranda warnings? |
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Definition
| the right to remain silent, words can be used against you, right to talk to a lawyer before questioning, if you cannot afford a lawyer one will be provided by the state. Inspired by Miranda v. Arizona |
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Term
| What is the exclusionary Rule? |
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Definition
| That evidence obtained from an illegal search and seizure cannot be used in a trial |
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Term
| What supreme court case used exclusionary rule? |
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Definition
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Term
| What is the good faith exception and what supreme court case established it? |
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Definition
| That a state could introduce at trial evidence seized on the basis of a mistakenly issued warrant. Inspired by United States v. Leon (1984) |
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Term
| What is the good faith exception and what supreme court case established it? |
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Definition
| That a state could introduce at trial evidence seized on the basis of a mistakenly issued warrant. Inspired by United States v. Leon (1984) |
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Term
| What supreme court case involved the Patriot Act |
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Definition
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Term
| What did Griswald. v. Connecticut establish about the bill of rights? |
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Definition
| That the principle was to create a right to make certain intimate personal choices |
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Term
| What supreme court cases involved homosexuality? |
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Definition
| Bowers v. Hardwick and Lawrence and Garner v. Texas |
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Term
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Definition
| a purchasing or contracting provision that reserves a certain percentage of funds for minority owned contractos |
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Term
| What was the Civil Rights Act of 1991? |
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Definition
| An act that reversed or altering 13 court decisions that had narrowed civil rights protection |
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Term
| What was the Civil Rights Act of 1866? |
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Definition
| Called Section 1981, it offers broad protection against discrimination to all minorities |
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Term
| Elementary and Secondary School Act of 1965 |
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Definition
| Provided billions of fed dollars to schools the fact that funds could be withheld based on discrimination scared some schools |
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Term
| What was the Economic Opportunity Act of 1964? |
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Definition
| provided education and training to combat poverty |
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Term
| What was the voting rights act of 1965? |
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Definition
| Attorney general sent voter registration supervisors to areas in which fewer than half the eligible minority voters had been registered |
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Term
| What was the Fair Housing Act of 1968? |
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Definition
| An act that banned discrimination in the rental and sale of housing |
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Term
| What was the Americans with disabilities Act of 1990? |
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Definition
| An act that recognized disabled as a protected minority, extends Civil Rights Act of 1964 to minorities, it includes those with aids, alcoholism and drug addition, it guarantees them access t employment, transportation, public accommodations, and communication servoces |
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Term
| What is affirmative action? |
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Definition
| Any of a wide range of progams from special recuitment efforts o numerical quotas aimed at expounding opportunity for wome and minority groups |
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