Term
| Who were conscerned about the tyranny (cruel and oppressive govt. rule) of the majority? (majority voting against minority) |
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Definition
| Madison and other Founders |
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Term
| Many of the founders wanted civil liberties. What are these? |
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Definition
| the government could not mess with these |
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Term
| In order to ratify the Constitution, Madison and other Federalists had to include what? |
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Definition
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Term
| What does the first nine Amendments provide? |
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Definition
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Term
| What did the First Amendment give us? (4) |
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Definition
the right to have No established religion
no prohibition of free exercise of religion
freedom of speech and press
right of assembly and petetion for redress of grievances |
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Term
| What did the Second Amendment give us? |
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Definition
|
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Term
| What did the Third Amendment give us? |
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Definition
| there will be no quartering of soldiers in private homes without the owner's consent |
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Term
| What did the Fourth Amendment give us? |
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Definition
| there will be no unreasonable searches or seizures |
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Term
| What did the Fifth Amendment give us? (4) |
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Definition
there will be no double jeopardy
we have the right against self-incrimination
due process of law
right to propert |
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Term
| What is Self incrimination? |
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Definition
| Can't force someone to confess |
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Term
| What are the sixth and seventh Amendment refered to as? |
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Definition
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Term
| What does the Eight Amendment give us? (2) |
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Definition
There should be no excessive bail
no cruel and unusual punishment |
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Term
| What does the Ninth Amendment tell us? |
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Definition
| this list does not deny or disparge the existence of other rights |
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Term
| What is due process of law? |
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Definition
| Fair treatment through the normal judicial system |
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Term
|
Definition
| can't be tried for the same crime twice in the same court |
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Term
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Definition
| the Supreme Court rules that it extends the Bill of Rights to cover the states. |
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Term
| Which does the 14th Amendment allow for? |
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Definition
| due process of law and equal protection of laws for ALL persons |
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Term
| What is equal protection of laws? |
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Definition
| If a foreign person comes to the US, that person has to follow all of the laws of the United States of America |
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Term
| What is selective incorporation? |
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Definition
| A gradual process of strking down laws. |
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Term
| What Amendment is a good example of selective incorporation? |
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Definition
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Term
| What are two confusing liberties? (they have the word right in their name) |
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Definition
| Major and Peripheral Rights |
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Term
| What are majority rights? |
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Definition
| they have been litigated heavily and developed in detail by the Court (Changed a lot) |
|
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Term
| What are peripheral rights? |
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Definition
| the parameters have not been fully developed yet in court (Some changes, but still questioning) |
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Term
| What are three peripheral rights? |
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Definition
Right of assembly (I)
Right of protection from government taking privat property without just compensation (V)
Right to bear arms- until recently (II) |
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Term
| What is an example of the Right of protection from government taking privat property without just compensation? (Vocabulary Word) |
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Definition
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Term
|
Definition
| taking private land for public use |
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Term
| Freedom of speech is also what? |
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Definition
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Term
| The First Amendment is vague on the Freedom of Speech. |
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Definition
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Term
| We love this idea in theory, but inpractice it's a bit more _________. |
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Definition
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Term
| In 1996 what percent of people said that gays should be allowed to deliver public speeches? |
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Definition
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Term
| What percent of people in 1996 said that a neo- Nazi should be allowed to deliver a public speech against Jews, Catholics, blacks, Hispanics, Mormons, etc.? |
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Definition
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Term
| What was the Freedom of speech witten to specifically protect? |
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Definition
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Term
| What is a term for someone that is likely to get hurt? |
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Definition
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Term
| When is the Freedom of Speech not protected? |
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Definition
| if someone is likely to get hurt |
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Term
| What did the Schenk v. United States case of 1919 establish? |
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Definition
| The clear and present danger test |
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Term
| What is the clear and present danger test? |
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Definition
| If there is any clear and present danger to the US, you can strike it down and stop it |
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Term
| What did the case Brandenburg v. Ohio case of 1969 establish? |
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Definition
| the direct incitement test |
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Term
| What is the direct incitement test? |
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Definition
| if someone is trying to get someone to do something illegal, then they can stike it down |
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Term
| What did the Texas v. Johnson case of 1989 protect? |
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Definition
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Term
| What did the Court case Miller v. California declare? |
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Definition
| (obscenity) if something is obscene, it is unprotected |
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Term
| What are the three things that determines if something is prurient? |
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Definition
- It is intended to appeal to "prurient interests" (sexual)
- It is "patently offensive" i depicting or describing sexual conduct or excretory functions
- "It lacks serious literary, artistic, political, or scientific value"
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Term
| What did the court decide in the Hustler Magazine v. Falwell case of 1988 case say? |
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Definition
| parody of public figures is protected, as it is clearly a parody and not slander and not libel. |
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Term
| What is Slander? What is Libel? |
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Definition
|
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Term
| In the case Miller v. California, why was Miller arrested? |
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Definition
He mailed porn magazines (obscene)
Sorry i went out of order |
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Term
| What protected speech for individuals and corporations? What case? |
|
Definition
Campagin donations
Citizens United v. FEC (2010) |
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Term
|
Definition
|
|
Term
| What is the Freedom of Assembly? |
|
Definition
| The right of the people peacebly to assemble |
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|
Term
| Where can people not assemble and protest? |
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Definition
| Outside a place of residence |
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Term
| It allows for ________ regulations of assemble |
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Definition
|
|
Term
| Can the government prevent media from publishing something (a story)? |
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Definition
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|
Term
| What is the government prevent media from publishing something (a story)? |
|
Definition
|
|
Term
|
Definition
| When the government prevents all media coverage about a trial because it is very sensative. |
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Term
| What did the court case New York Times v. United States in 1971 say? |
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Definition
| Court said that the national government must meet burden of proof to enforce prior restraint |
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Term
| What is the burden of proof? |
|
Definition
| The national Govt. has to prove that they have the right to stop publication |
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Term
| What is Madison and Jefferson's interpretation that the Freedom of Religion in the First Amendment would do? |
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Definition
| Place a wall of separation between the church and state |
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Term
| What is Madison and Jefferson's belief in religion? |
|
Definition
|
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Term
|
Definition
Believe that God created the world, but does nothing else
Athiests |
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Term
| What two clauses was there tension between? |
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Definition
Free exercise clause
Establishment clause |
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Term
| Establishment: What did many public schools use to have? |
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Definition
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|
Term
| Establishment: What did the court case Lemon v. Kurtzman establish? |
|
Definition
| the Lemon test for legislative concerning religion. |
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|
Term
| Establishment: What is the general test today? |
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Definition
|
|
Term
| Establishment: What question do you ask in the neutrality test? |
|
Definition
| Does a government action unfairly favor a religious group over a secular group? |
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Term
| Free Exercise: Most cases dealing with free excercise address what? |
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Definition
| a broader law that religious groups seek to gain exceptions from these laws |
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Term
| What did the case Employment Division v. Smith in 1990 declare? |
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Definition
| If a law is intended to apply generally, there in no violation |
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Term
| How did Congress respond to the case Employment Division v. Smith in 1990? |
|
Definition
| With the Religious Freedom Restoration Act |
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|
Term
| What is the Religious Freedom Restoration Act? |
|
Definition
| Wanted to give groups exemptions for their religious beliefs |
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|
Term
| Did the Religious Freedom Restoration Act succeed? |
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Definition
|
|
Term
| What did the Religious Freedom Restoration Act deal with, and not deal with? (it was only partially struck down) |
|
Definition
| Dealt with Federal law, but not State law |
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Term
| What is the background story on the Employment Division v. Smith case of 1990? |
|
Definition
| Native Americans were being dismissed from drug counciling jobs for using drugs. Smoking peyote was their religious belief, and they were released because of that |
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Term
| What part of the Second Amendment is a major controversial debate? (one part in the sentence) |
|
Definition
| A well regulated Militia (dictionary definition: a military force of civilians in an emergency) |
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|
Term
| The Second Amendment was historically interpreted to protect gun ownership for a _______, not for ________ |
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Definition
|
|
Term
| In 2008, what happened that dealt with the Second Amendment? |
|
Definition
| Court struck down DC's ban on guns |
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|
Term
| What regulation has the Court allowed on the Second Amendment? |
|
Definition
|
|
Term
| Which Amendment deals with criminal Rights? |
|
Definition
|
|
Term
| What kind of law enforcement did Great Britain pass in the colonies? |
|
Definition
| Arbitrary law enforcement system |
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|
Term
| In the arbitrary law enforcement system, what could colonies do to the people? |
|
Definition
| They could send you back to Britain |
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Term
| The founders new that they had to remove what from the law enforcement? |
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Definition
|
|
Term
| What can a cop not do to a person just because they don't like them? |
|
Definition
|
|
Term
| Several Amendments were ratified in the Bill of Rights to act as what? |
|
Definition
|
|
Term
| What kind of incorporation is the Fourth Amendement? |
|
Definition
|
|
Term
| In a court case, who does the public generally side with? rather than? |
|
Definition
| sides with victim rather than accused |
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Term
| What is arguably why the founders wanted the Fourth Amendment? |
|
Definition
| They knew the accused are going to be unpopular because public generally sides with victims |
|
|
Term
| What does the Fourth Amendment protect people from? |
|
Definition
| unreasonable searches and seizures |
|
|
Term
| What is so hard about warrents for cops? |
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Definition
| they have to be very specific. Like finding a bloody knife, you have to say you were looking for a bloody knife |
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Term
| When are searches legal without a warrent? (3) |
|
Definition
Arrest
Hot pursuit
Plain View |
|
|
Term
| What did the case Mapp v. Ohio in 1971 say? |
|
Definition
| Illegally obtained evidence cannot be admitted in trial |
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|
Term
| What is the exclusionary rule? |
|
Definition
| You can ask to exlude evidence from the trial because it was illegally obtained. |
|
|
Term
| Since we have technology, what does that create? |
|
Definition
|
|
Term
| Where do we get the Miranda Rights from? |
|
Definition
|
|
Term
| What did the case Miranda v. Arizona in 1966 say? |
|
Definition
| Suspects must be advised of their rights to remain silent, as confessions obtained are permissable at trial |
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|
Term
| What is it called when suspects must be advised of their rights to remain silent, as confessions obtained are permissable at trial know as? |
|
Definition
|
|
Term
| What is another prohibition in the Fifth Amendment? |
|
Definition
|
|
Term
|
Definition
| A person cannot be tried twice for the same crime in the same court. |
|
|
Term
| What does double jeopardy generally not cover? |
|
Definition
|
|
Term
|
Definition
| When jurors have pre-information. |
|
|
Term
| When can a person be tried twice for the same crime? |
|
Definition
| If the crime violates two separate statues and the first trial only covered one of the statues. |
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Term
| What kind of people are examples of a person being tried twice for the same crime? |
|
Definition
| Cereal killers in different states |
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|
Term
| What does the Sixth Amendment allow do for the criminal? (2) |
|
Definition
right to an attorney
right to trial by impartial jury |
|
|
Term
| What did the court case Gideon v. Wainwright in 1963 say? |
|
Definition
| Everyone has the right to counsel (attorney) |
|
|
Term
| What is the person that defends the people called? |
|
Definition
|
|
Term
| What does an impartial jury imply? |
|
Definition
| It implies that neither the pool of potential jurors be unrepresentative nor the selection process can be biased |
|
|
Term
| What is the pool of potential jurors? |
|
Definition
| once you register to vote, you are put on the pool to be on a jury |
|
|
Term
| Since blacks in the South were excluded from voter registration rolls, what were they not included in? |
|
Definition
|
|
Term
| The Eight Amendment says what? (3) |
|
Definition
no excessive bail, no cruel or unusual punishments, and no excessive fines
|
|
|
Term
| How much does bail money have to equal to? |
|
Definition
Approximately the same for the crime
|
|
|
Term
| What has been a debate with cruel and unusual punishment? |
|
Definition
|
|
Term
| What did the Furman v. Georgia case in 1972 say? |
|
Definition
| Dealth penalty not inherently unconstitutional, but the manner in which it is applied is. (They put a de facto moratorium(temporary prohibition) on the death penalty) They re-examined their death penalty statues. |
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|
Term
| What did the court case Gregg v. Georgia in 1976 say? |
|
Definition
When applied without discrimination, it is constitutional
(African Americans sent almost all the time for death penalty, while whites, not so much) |
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|
Term
| What are 4 things that the Court has decided to change since the Court case in 1976 about the death penalty? |
|
Definition
No death penalty for mentally retarded (IQ under 60)
No death penalty for juveniles (under 18)
No death penalty for those who have raped (not killed) a child
No life without parole for juveniles |
|
|
Term
| Where in the Constitution is there a right to privacy? |
|
Definition
|
|
Term
| Where do we get the implied rights from? |
|
Definition
|
|
Term
| What are two explicit liberties where we get penumbras? |
|
Definition
First Amendment- Freedom
Fourth Amendment- our property/home |
|
|
Term
|
Definition
| its like a shadow of an object which means they imply the right to privacy |
|
|
Term
| What does the case Griswold v. Connecticut in 1965 deal with? |
|
Definition
| reproductive rights (can't use condoms, birth control, etc.) which is where the implied privacy rights has been most often discussed |
|
|
Term
| What did the Roe v. Wade case of 1973 do? |
|
Definition
| Legalized abortion to some extent |
|
|
Term
| What are two ways government can regulate/restrict abortions? |
|
Definition
When the law does not place an "undue burden" on the right to privacy
Late term abortions, partial-birth abortions |
|
|
Term
| What aren't written in stone? |
|
Definition
Civil liberties
(Court can decide one thing, and then some odd years later decide another) |
|
|
Term
| What did the justices Scalia and Thomas argue? |
|
Definition
| that we should stick to what the Founders had in mind when writing the Constitution |
|
|
Term
| What do other justices like Ginsburg and Scouter argue? |
|
Definition
| that the Constitution is a "living document" and that the Founders meant to be somewhat vague so as to allow for new issues/changes. |
|
|
Term
| What are constantly evolving? |
|
Definition
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