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Government > Bill of Rights - Unit 4 > Flashcards

Bill of Rights - Unit 4 Flashcards

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0
Q

Who were Federalists

A

for constitution

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1
Q

Describe the ratification process

A

-F.F. create system
-9/13 states needed to accept constitution (debate)
…state conventions

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2
Q

Describe federalists

A
  • well organized
  • key supporters
  • Federalists Papers
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3
Q

How were the Federalists well organized?

A

Newspapers

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4
Q

Who were some key supporters of the Federalists?

A

Washington & Franklin

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5
Q

Describe the Federalist Papers

A
  • series of essays explaining the meaning/virtues of Constitution
    • newspapers
    • authors = Hamilton/Madison/John Jay
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6
Q

According to the Federalists, what was needed to solve the nation’s problems?

A

a strong national govt.

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7
Q

According to Federalists, how would the national govt. be strengthened?

A
  • stronger military
  • pay off national debt
  • solve economic wars/depression in states
  • balance power (everywhere)
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8
Q

Why was a stronger military needed?

A

To allow the drafting of troops to fight off the British & Spanish still lingering in America

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9
Q

According to Federalists, How would the national debt be paid off?

A

By collecting taxes

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10
Q

How would the economic wars/depression in states be solved according to Federalists?

A

by regulating commerce/trade

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11
Q

according to Federalists, how did power need to be balanced & through the use of what?

A

national & states govts = federalism

three branches = checks & balances system

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12
Q

According to Federalists, who will run the govt.?

A

The people

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13
Q

What areas do Federalists support?

A

support urban areas = business men/city people

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14
Q

Who are anti-Federalists?

A

Against constitution

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15
Q

Describe anti-Federalists?

A
  • abuse power to tax

- believe govt. will be too far away

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16
Q

Describe how the govt. will be too far away (according to the anti-Federalists)

A
  • travel/communication would be difficult
  • people only trust their state govts
  • national govt. will be too powerful
  • terms of office are too long
  • no protection of individual/state rights
  • President = King
  • country too large (geographically) for national govt to work
  • rural support
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17
Q

How would travel/communication be difficult (according to the anti-Federalists)

A

national govt. will not hear the people’s voice

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18
Q

Describe the anti-Federalists view that terms of office are too long

A

no term limits - reflected as many times

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19
Q

Describe the anti-Federalists view that there are no protection of individual/state rights

A

Believed a Bill of Rights was needed

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20
Q

What was the anti-Federalists view that the president was a king

A

He would have too much power

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21
Q

What was the Anti-Federalists view that country too large (geographically) for national govt to work?

A

There are too many divergent opinions

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22
Q

What does rural support mean?

A

In support of the farmers

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23
Q

What is the sign. in the Ratification process/the Feds vs. Anti-Feds?

A
    1. Anti-Feds force/convince Feds that a Bill of Rights needs to be added (Congress creates a Bill of Rights)
    1. debate in states was heated
    1. importance of Federalist Papers
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24
Q

Who was the author of the Bill of Rights?

A

James Madison

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25
Q

What are the Bill of Rights?

A

1st 10 amendments to Constitution

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26
Q

Describe the debate in the states

A

votes were close but eventually all 13 states ratified Constitution

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27
Q

Describe the importance of the Federalist Papers

A

impact: they’re are best interpretation of the Constitution

therefore, they guide the Supreme Court (judicial branch)

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28
Q

Define Living Constitution

A

ability to adapt & survive over time

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29
Q

What are the 2 ways the constitution lives?

A
  1. Amendment process

2. Interpreting the constitution

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30
Q

What is an amendment?

A

a change/addition to the Constitution

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31
Q

What are the 2 steps in the amendment process?

A
  1. Propose

2. ratify

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32
Q

Describe the 2 ways to propose an amendment

A
  • Congress can do this with a 2/3 vote OR

- can be a National convention… 2/3 vote of state reps.

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33
Q

Describe the 2 ways to ratify an amendment

A
  • 3/4 vote of state legislatures OR

- special state conventions… need 3/4 vote

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34
Q

List the 4 main points of significance

A
  1. Difficult process
  2. Only have been a small # of amendments
  3. Process uses federalism
  4. President has no say in process
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35
Q

Why did FF make the process difficult?

A
  • wanted it to be for the most important issues

- wanted it to have overwhelming support

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36
Q

How many amendments are there currently?

A

27 (1st ten are Bill of Rights)

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37
Q

Describe how the amendment process uses federalism

A

both National & State govts are involved in Amendment Process

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38
Q

Describe what is meant by the president has no power in the amendment process

A

The president cannot veto amendments

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39
Q

describe the Interpretation of Constitution

A

most significant way for Constitution to adapt

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40
Q

What are the 2 themes of the interpretation of the constitution?

A

Federalism & Rights

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41
Q

What is federalism?

A

National vs. State

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42
Q

Describe the evidence of the national govt. in federalism

A
  • “Necessary & Proper” Clause
  • Congress (national govt.) can make specific laws to carry out their vague powers
  • increases power of national govt.
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43
Q

What does the Necessary & Proper Clause lead to?

A

the creation of “implied powers”

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44
Q

Describe implied powers

A
  • broad (loose) constructionist

- favors an interpretation of Constitution that favors national govt.

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45
Q

Name an example of a broad constructionalist

A

Alexander Hamilton

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46
Q

What is the federalism evidence for states?

A

The 10th Amendment

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47
Q

Describe the 10th amendment

A

all powers not given in Constitution to national govt. are reserved for states

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48
Q

What does the 10th amendment lead to?

A
  • strict constructionists
  • have limited interpretation of Constitution
  • therefore more power for state govts
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49
Q

What are 2 rights that are often interpreted?

A

Expression & criminal procedures

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50
Q

Where are the rights to expression found?

A

1st amendment

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51
Q

Where are criminal procedure rights found?

A

4th/5th/6th amendments

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52
Q

What is the significance in the interpretation of the constitution for keeping the constitution alive?

A

The judicial branch does the interpreting

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53
Q

Who is the highest authority in the judicial branch?

A

The Supreme Court

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54
Q

What does the Supreme Court set?

A

a precedent

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55
Q

Describe the setting of the precedent by the Supreme Court

A

lower courts must follow rulings (by Supreme Court) on similar/previous cases

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56
Q

What are the Bill of Rights?

A

The 1st 10 amendments

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57
Q

Who is the author of the bill of rights?

A

James Madison

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58
Q

How many amendments were originally proposed for the bill of the rights & how many made it?

A

12 were proposed, only 10 were ratified

59
Q

What is the 2nd amendment?

A

right to bear arms (guns)

ex. gun control

60
Q

What is the 8th Amendment?

A
  • prohibits excessive bail
  • also prohibits “cruel & unusual punishment”
    (ex. death penalty)
61
Q

Define bail

A

sum of money paid to get out of jail until your trial

62
Q

Name the 5 parts of the 1st amendment

A
  1. Freedom of speech
  2. Freedom of press
  3. Freedom of religion
  4. Freedom of assembly
  5. Right to petition
63
Q

What is the 1st amendment also known as the right to?

A

Expression

64
Q

Describe freedom of religion

A
  1. No official religion
  2. Practice religion as you please
    (with some limitations)
    ex. no human sacrifice
65
Q

Does separation of church & state come from the constitution?

A

No

66
Q

What are the limits on freedom of speech

A
  1. Treason

2. Slander

67
Q

What is treason?

A

endangering the govt. by giving secrets to the enemy

68
Q

Is treason punishable by death?

A

Yes

69
Q

Define slander

A

lying about another person which harms their reputation or lying that causes injury

70
Q

What is the limit for freedom of press?

A

Libel

71
Q

Define libel

A

printing lies about another person which harms their reputation or printing lies that causes injury

72
Q

Define freedom of assembly

A

Right to gather peacefully or join organizations

73
Q

Define petition

A

request that usually questions govt.

74
Q

What is the sign. Of the 1st amendment?

A

FF intent was to protect political speech

75
Q

What is political speech aka?

A

Preferred speech

76
Q

Bc the FF intent in the 1st amendment was to protect political speech…

A

courts are wary to limit people’s ability to question govt. & have political debate

77
Q

Describe the background on Schenck v. United States (1919)

A

World War I
Govt. has passed Espionage Acts
Basically prohibiting criticism of govt. & the draft laws in particular
Charles T. Schenck printed 15,000 antidraft leaflets & passed them out to drafted men
Referred to draft as “slavery” & claimed it violated 13th Amendment
Also claimed draft was to help businessmen by keeping war going
Schenck claimed everything he did was protected by 1st Amendment

78
Q

Define compelling state interest

A

Reason for the govt. to limit our rights

79
Q

What was the Supreme Court ruling on the Schenck v. United States case?

A

During wartime, govt. can restrict expression that creates “a clear & present danger” for country/govt.
**Therefore, Schenck was guilty

**RESTRICT

80
Q

What is meant by the phrase “interested & overbearing majority”?

A
  • refers to the majority and their opinion, even if it is not the best choice for everyone as a whole.
  • word “interested” implies group of people are making their opinion known because it benefits them, and this is one cause of mob rule
  • word “overbearing” simply means group of people are larger party & therefore the more powerful one which is forcing their opinions on the govt.
81
Q

How does the author define a faction?

A

-a group of citizens, no matter what the size of the group is, who are united together by something that benefits all of them, even if it infringes on the rights of other citizens and/or the community

82
Q

What are the 2 ways to remove the causes of faction?

A
  1. by taking away the rights of all the citizens that make it up, therefore taking away all spirit and passion of the faction.
  2. by forcing all its inhabitants to have the same opinion and think the same way. Then, there wouldn’t be any difficulty in dealing with opinions that don’t benefit the country as a whole
83
Q

Why isn’t it possible for govt. to stop the 2 causes of faction? Explain answer.

A
  • not possible for govt. to stop 2 causes of faction bc taking away the rights of citizens = unconstitutional
  • not fair to those citizens, & judicial branch would never allow it through the checks and balances system
  • Furthermore, the 2nd method of removing a faction would not work bc you simply can’t tamper w/ peoples’ minds and force them to think a certain way.
  • So all in all, removing factions altogether will not work, but it is possible to control their effects. In this way, people are still allowed to have their opinion, whether majority or minority, but there is not total chaos in govt.
84
Q

How is a minority faction defeated?

A
  • minority faction is defeated by a majority faction.
  • majority faction will outvote a minority faction, and therefore the majority wins. After the vote, if the minority loses, then they would likely just fizzle out.
85
Q

According to Madison, what’s another name for representative democracy?

A

According to Madison, “republic” is another name for representative democracy

86
Q

What is the job of representatives? Explain this quote you choose to answer in this question.

A
  • job of representatives = to represent people & expand their views
  • Madison supports this in the following: “…to refine and enlarge the public views by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations.”
  • Basically, he’s saying that the reps are to revise and expand on the people’s views then give them to Congress who will analyze the situation and determine the best interest of the country bc Congress will be least likely to make decisions based off of what seems the best in that moment
87
Q

How does the size of America help solve the problem of majority faction? Be sure to explain your answer.

A
  • size of America helps solve the problem of majority faction in that America is so large that there isn’t just one majority ruling everything.
  • due to the fact that there are so many diff. people w/ so many different ideas and interests that it disperses the opinion of a large majority through the creation of many minorities.
  • In small society, there isn’t as many people w/ diverse opinions, so there is generally 1 obvious majority making it up.
  • Furthermore, large size & # of diverse opinions works to benefit America’s rep. democracy bc it brings many diff. & new ideas to the national govt. & therefore encourages change & further advancement/development
88
Q

if creating a clear & present danger…

A

…rights will not be protected

89
Q

Describe the background on Brandenburg v. Ohio (1969)

A

Brandenburg was a KKK member

90
Q

What was KKK?

A

encouraged violent political opposition to Civil Rights Laws

91
Q

What was the S.C. Ruling on the Brandenburg v. Ohio case?

A

Content neutral

92
Q

Define content neutral

A

principle that speech cannot be restricted bc of its message alone

93
Q

What is the compelling state interest resulting from Brandenburg v. Ohio case / content neutral?

A

Speech can be banned if it creates “imminent, lawless action”

94
Q

Does the S.C. Ruling from Brandenburg v. Ohio expand or restrict rights? [content neutral, imminent lawless action, etc.]

A

Expand

95
Q

Describe background on Tinker v. Des Moines (1969)

A
  • John & Mary Beth Tinker wore black armbands in protest to Vietnam War
  • (public) school had banned them & threatened suspension if students wore them
  • Wore them anyway & got suspended but yet there were other forms of controversial speech/protest like campaign buttons that were acceptable
96
Q

What was the S.C. Ruling on the Tinker v. Des Moines ?

A

Symbolic speech is protected under 1st amendment

97
Q

Define symbolic speech

A

Ideas represented non-verbally

98
Q

Did the S.C. Ruling expand or restrict in the Tinker v. Des Moines case?

A

Expand

99
Q

Describe background on New York Times v. United States (1971)

A
  • Pentagon Papers were printed & given to NY Times to print
  • Exposed that the govt. was lying to the American people about the Vietnam War
  • Govt. stopped NY Times from printing but then they were given to Washington Post & govt. couldn’t stop them from being printed again
  • Prior restraint: order that news be censored ahead of publication
  • Less than 2 weeks, case went to S.C.
100
Q

define prior restraint

A

censoring or requiring approval for what the press may print before such material is actually published

101
Q

What was the S.C. Ruling on prior restraint?

A
  • is unconstitutional, except in cases of extreme national security
  • National security = too vague, so govt. must have solid reasoning & specific evidence
102
Q

Did the S.C. Ruling restrict or expand in the NY Times v. U.S. case?

A

Expand

103
Q

Describe the background on the Island Trees School District v. Pico case

A
  • Books that were already in the library were removed by school board bc people complained that books were offensive & just plain filthy
  • Students protested saying that some parts offended those specific groups but that doesn’t decrease the educational value of the books as a whole
104
Q

Describe the S.C. Ruling on the Island Trees School District v. Pico case

A

-Is right to read protected by 1st Amendment?
Yes
-Is there a CSI for the school district? (Is there a reason for them to restrict what students read?)
No bc libraries are “voluntary” places of inquiry
However school districts do have complete control over the curriculum

EXPAND

105
Q

Describe background Bethel v. Fraser case

A
  • Matthew Fraser gave speech which contained much sexual innuendo (had been warned not to give it but did anyway)
  • Gave speech & was suspended for 2 days & prohibited from speaking at graduation
  • Claimed it violated freedom of speech
106
Q

Describe the S.C. Ruling on Bethel v. Fraser

A

-Schools may limit speech that is “lewd & obscene”
-Court had to define obscene:
appeals solely to the audience’s sexual interest
-Artistic expression is protected
-Schools must teach by example the shared values of a civilized social order

LIMIT

107
Q

Describe S.C. ruling on Morse v. Frederick case

A

Ruled against student bc he was promoting illegal activity (drug use) & schools have to promote legal activity
Keep in mind… SCHOOL setting

LIMIT

108
Q

Describe background for Morse v. Frederick case

A

Frederick gets in trouble for putting up a banner during a school sponsored field trip that promoted Marijuana use
Principal told him to take it down but he refused bc he didn’t cause a disturbance & he can’t be forced based on the content of his expression
Lower court ruled in favor of student

109
Q

Describe the sign. Of expression

A 
expanding rights
-expanded the interpretation of speech
     -ex. symbolic speech & right to read 
restricted rights
-specific situations
     -ex. School setting
     -ex. War time
110
Q

What is the 4th amendment aka

A

“Privacy Amendment”

111
Q

What does the 4th amendment ban?

A

bans “unreasonable searches & seizures”

112
Q

How does the 4th amendment ban “unreasonable searches & seizures”

A

govt. needs to obtain search warrant

113
Q

Define search warrant

A

legal document that allows law enforcement to seek & obtain evidence from a suspect’s property

114
Q

How is a search warrant obtained?

A

In order to get search warrant, law enforcement needs probable cause

115
Q

Define probable cause

A

belief supported by facts/circumstances that would lead a reasonable person to believe a person may be found guilty

116
Q

Who are search warrants issued by?

A

a judge

117
Q

Describe the background on Mapp v Ohio

A
  • deals with 4th amendment
  • Police searched her house looking for a bombing suspect but instead found pornographic material
  • They did not have a search warrant
  • She appealed her conviction on grounds of 1st amendment but it was actually the 4th amendment being broken
118
Q

Define exclusionary rule

A

evidence gained from a search in violation of 4th amendment cannot be introduced as evidence in court

119
Q

What can happen in exclusionary rule?

A

therefore, person can be set free if evidence is found to be illegal & trial will be restarted

120
Q

Describe s.c. Ruling on Mapp v Ohio

A
  • The 4th amendment applies to the states

- Ruled in favor of Matt

121
Q

Describe s.c. Ruling on U.S. v Katz

A

“citizens have a reasonable expectation of privacy”

122
Q

Describe background on New Jersey v TLO

A
  • 4th amendment case
  • 2 girls discovered smoking in bathroom by teacher
  • Teacher took them to vice principal but TLO denied
  • searched her purse & found cigarettes & also packet of rolling papers
  • Searched deeper & found marijuana & lots of money
  • Took her to police station where she admitted to selling drugs
  • She appealed conviction saying her purse was illegally searched
123
Q

Describe S.C. Ruling on New Jersey v TLO

A

-school students have less protection under 4th Amendment
…CSI -
-schools must create a safe learning environment

124
Q

Name 5 parts of 5th amendment

A
  1. Must be indicted before out on trial
  2. Protects against double jeopardy
  3. Cannot be forced to testify against oneself
  4. Guaranteed due process of law
  5. Limits eminent domain
125
Q

Define indicted

A

formally accused of crime by grand jury or by the govt. prosecutor

126
Q

Define double jeopardy

A

you can only be put on trial for the same crime once

127
Q

What is testifying against oneself called?

A

Self-incrimination

128
Q

What can & cant the govt. do with the accused in a trial?

A
  • the prosecution (govt.) cannot call an accused to the stand to testify
  • can, however, cross examine if defense brings accused to stand
129
Q

Describe the guaranteed due process of law

A
  • govt. must follow procedures established by law & guaranteed by Constitution
  • “rules of the game”
130
Q

Define eminent domain

A

right of the govt. to take private property for public use

131
Q

How does the constitution limit eminent domain?

A

Govt. must pay a fair market value

132
Q

Describe background on Miranda v Arizona

A
  • Miranda was identified as the kidnapper & rapist & confessed to his crime
  • However, S.C. overturned his conviction bc he was not clearly read his rights
133
Q

Describe S.C. Ruling on Miranda v Arizona

A

-created the Miranda warnings

right to remain silent, right to attorney, etc.

134
Q

Describe background on Hamdi v. Rumsfeld

A
  • Hamdi was captured by American military in Afghanistan. & accused of being a terrorist but was actually an American citizen
  • Was imprisoned without access to lawyer so he was denied his 5th amendment rights
  • Govt. says he’s an “enemy combatant”
  • Therefore don’t have to follow all rights on constitution
  • Prisoners of War released when war is over but war on terror never ends so it’s pretty much prison forever
135
Q

Describe S.C. Ruling on Hamdi v. Rumsfeld

A
  1. Can President declare people to be “enemy combatants” without other branches involved?
    Since Congress had authorized the use of force in Afghanistan, it was ok
  2. Did Hamdi have the right to have his case heard?
    U.S. Citizens, even those that are enemy combatants, do have the right to a trial
136
Q

Describe the 6th Amendment

A

Right to speedy trial
Right to a jury trial with an impartial jury
Right to hear all witnesses
Lawyer provided at govt. expense

137
Q

Describe background on Gideon v. Wainwright

A

Gideon accused of stealing

Claims he’s too poor to have a lawyer but the state of Florida denies him one

138
Q

Describe S.C. Ruling on Gideon v. Wainwright

A

-14th Amendment
“equal protection of the laws” for everyone
-no discrimination
-ex. being poor (like Gideon)
-14th Amendment makes the Bill of Rights apply to the states
-Gideon found not guilty

139
Q

Describe background on McCllough v. Maryland (1819)

A

National bank created & states oppose it claiming it is unconstitutional
States begin to tax national bank (in essence taxing national govt.)

140
Q

Describe S.C. Ruling on McCllough v. Maryland (1819)

A
  1. National bank is constitutional
    “necessary & proper clause” as evidence
  2. States CANNOT TAX the national govt.
141
Q

Describe background on Gibbons v. Ogden (1824)

A

Ogden was told by the state of NY that he has a monopoly on the river (he’s the only one that can transport)
Gibbons has been given power to do same thing by national govt.

142
Q

Describe S.C. Ruling on Gibbons v. Ogden (1824)

A

Ruled in favor of national govt. (Gibbons) - they have the power to regulate interstate trade

143
Q

Describe background on Hammer v. Dagenhart (1918)

A

National govt. wants to regulate child labor

144
Q

Describe S.C. Ruling on Hammer v. Dagenhart (1918)

A

No - power of states

Evidence = 10th Amendment

145
Q

Describe background on U.S. v. Lopez (1995)

A

Congress passed gun-free school zone

146
Q

Describe S.C. Ruling on U.S. v. Lopez

A

Said congress went too far & did not have that power

Overruled them & gave that power to the states

Government (13 decks)

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