Benchmark 3 Review 2 Flashcards
Citizenship
CitiAs defined by the 14th Amendment: all who
are born or naturalized in the United States
are citizens of the United States and of the
state they reside in
Naturalization
Legal process through which immigrants become
U.S. citizens.
Must be at least 18 years old, have a background
check showing “good moral character”, be
fingerprinted, and pass tests on civics, U.S.
history, and English
Must take Oath of Allegiance to the United
States.
Law of Blood
dea that a person’s nationality at birth is the
same as that of his natural parents.
For example, if a child’s parents are American
citizens travelling through France when they
give birth to that child, the child is American.
Law of Soil
Idea that the country of citizenship of a child
is determined by its country of birth.
For example, in most cases if a child was born
on U.S. land, but his parents are not U.S.
citizens, the child is still a U.S. citizen.
Civic Responsibility
Something that you should do as a citizen.
This can include participating in the
democratic process (voting), recycling,
volunteering, or helping other citizens
Civic Duty
A civic duty is something that each citizen
owes their nation, whether it’s serving on a
jury, abiding the law, registering for selective
service, or paying taxes
Selective Service
selective service is when men are Drafted for the military.
Second Amendment
Protects the right to bear arms
Third Amendment
No soldiers will be quartered (housed) without
the consent of the owners during times of
peace.
Also protects home-owners during times of
war (unless required by law)
Fourth Amendment
Protects against unreasonable search and
seizures without a warrant or probable cause
Fifth Amendment
- Before being tried for a serious crime a
grand jury must indict (formally accuse) the
person of the crime. - Protects against being tried for the same
criminal offense twice. - Protects against self-incrimination.
- Cannot be deprived of rights without due
process of the law. - Allows for eminent domain.
sixth Amendment
Right to a prompt and public trial decided by a
jury.
A person must be informed of the charges
against them.
Can hear and question all witnesses, and have
their own witnesses.
Right to legal counsel (attorney). (Supreme Court
interpreted this to mean the government will provide one if
you cannot afford it).
Seventh Amendment
In cases involving money or property over $20,
the right to a trial by jury is preserved.
Eighth Amendment
Protects against excessive bail and fines.
Protects against cruel and unusual
punishments.
Ninth Amendment
There are rights reserved to the people that
are not listed in the Constitution.
Refers to the natural rights of people.
Also called unenumerated rights – those not
spelled out in the Constitution.
Tenth Amendment
Says that any power not granted to the federal government belongs to the states.
Suffrage
the right of voting
Double Jeopardy
The act of putting a person through a second
trial for an offense for which he or she has
already been prosecuted or convicted.
Prohibited by the Fifth Amendment.
Due Process
The government has to follow rules and
established procedures in everything it does.
This protection helps to ensure justice.
Contained in the Fifth Amendment.
Eminent Domain
Government power to take private property
for public use without the owner’s consent.
The Fifth Amendment requires the payment
of just compensation to the owner.
“pleading the fifth
A person’s refusal to answer a question on the
ground that the answer might incriminate the
person.
The right to this refusal is protected by the
Fifth Amendment.
Appellate Process
The process to have a higher court review the
result of a trial court or lower court.
The Supreme Court is mainly an Appeals Court
Ex Post Facto
Latin for “after the fact.”
Laws adopted after an act is committed making
it illegal although it was legal when done, or
increases the penalty for a crime after it is
committed.
Such laws are specifically prohibited by the
U.S. Constitution
Habeas Corpus
Court order that requires the government to
bring a prisoner to court and explain why he or
she is being held.
independent Judiciary
Independent Judiciary
A justice system that is not influenced by
either the legislative or executive branch.
Free to make decisions based upon law, not
upon men or pressure from other groups.
Created to guarantee equal justice to all.
Precedent
A previous case or legal decision that may be
or must be followed in future similar cases
Summary Judgment
Moving to a decision without a trial
Civil Disobedience
Refusal to obey governmental demands or
commands especially as a nonviolent and usually
collective (group) way of forcing the
government to do or change something
Economic Freedom
The freedoms to choose how to produce, sell,
and use your own resources, while respecting
others’ rights to do the same.
Internment
The imprisonment or confinement of people,
commonly in large groups, without trial.
Property rights
Authority to determine how a resource is used,
whether that resource is owned by government
or by individuals
Civil Rights Act of 1964
Prohibits discrimination (on the basis of race,
religion, gender, or national origin) in public
accommodations, facilities, and schools.
Prohibits discrimination in federally funded
projects.
Civil Rights Act of 1968
This act provided for equal housing
opportunities regardless of race, religion,
gender, or national origin.
Also known as the Fair Housing Act.
13th Amendment
Outlaws slavery in all states and all lands
governed by the United States.
14th Amendment
Granted full citizenship to African Americans.
States, again, citizens cannot be deprived of
rights without due process of the law.
Guarantees equal protection under the law.
15th Amendment
States that no one can be denied suffrage
(right to vote) based on race or color.
19th Amendment
Prohibits any United States citizen from being
denied the right to vote on the basis of
gender
24th Amendment
Bans the use of poll taxes as a requirement for
voting in national elections.
Supreme Court interpretation later expands
this to cover state elections as well.
26th Amendment
Lowered the voting age in all elections to 18.
Equal rights Amendment
A proposed amendment to the United States Constitution designed to guarantee equal rights for women. Originally proposed in 1923. The amendment has been reintroduced in every session of Congress since 1982.
States’ Rights
Called Political powers reserved for the state
governments and not the federal government_______
Voting Rights Act of 1965
Designed to enforce the voting
rights guaranteed by Fifteenth Amendment to
the United States Constitution.
Prohibits discrimination in voting.
It is considered one of the most effective
pieces of civil rights legislation ever enacted in
the U.S.
Marbury v. Madison
establishes the Supreme Court’s power of judicial review (deciding whether laws passed by Congress are constitutional).
Plessy v. Ferguson
Separate, but equal” was constitutional.
Upholds state laws requiring segregation.
Brown v. Board of Education
Segregation in the public schools is
unconstitutional.
Reverses the Court’s earlier position on
segregation set by Plessy v. Ferguson.
Gideon v. Wainwright
Established free legal help for those who
cannot otherwise afford representation in
court.
Miranda v. Arizona
Ruled that a person’s Fifth Amendment rights
begin at the time of arrest.
The name “Miranda Rights” come from this
case
Tinker v. Des Moines
Establishes the extent of public school
students’ constitutional rights while at school.
Specifically about black armbands worn to
school to protest the war in Vietnam
Hazelwood v. Kuhlmeier
Establishes that the 1st Amendment does not
require schools to promote particular types of
student speech (specifically about a school
newspaper).
The paper was sponsored by the school and the
school was within its rights to prevent
publication of articles it found inappropriate.
United States v. Nixon
Court ruling forced President Nixon to turn
over secret tapes of White House
conversations.
Due process of law more important than
“executive privilege” which is the right to
withhold information from other government
branches.
Bush v. Gore
After issues with voters’ ballots in Florida, the
FL Supreme Court issued a recount. The US
Supreme Court ruled that this was
unconstitutional, since in essence the FL
Supreme Court was creating a new election law
(something they cannot do). The recount was
stopped and George Bush declared the winner
in Florida, and the nation.
Heller v. D.C.
The court case Heller V DC upheld the 2nd amendment stating that an individual has a right to bear arms.
Juvenile Rights
Minors in juvenile court delinquency
proceedings do not have the same
constitutional rights as those given to adults in
regular criminal court cases.
In re Gault strengthened some of their rights;
such as, the right to know the charges, and
right to an attorney
Segregation
The enforced separation of different racial
groups.
Florida Declaration of Rights
is a list of rights to all citizens that live in florida
