Ch 4

Question 0

WHAT IS BILL OF ATTAINDER?

Answer 0

A law that declares a person guilty without a trial

Question 1

WHAT IS HABEAS CORPUS

Answer 1

Prohibits government from depriving a person of liberty without an open trial before a judge, a court order demanding an individual in custody be brought into court and shown the cause for detention.

Question 2

What is the bill of rights?

Answer 2

The bill of rights is the first 10 amendments of the US constitution, they ensure right sand liberties to the people.

Question 3

What are civil liberties?

Answer 3

Areas of personal freedom in which the government is constrained from interfering.

Question 4

Does the bill of rights limit national government as well as the state governments?

Answer 4

The Supreme Court ruled that the bill of rights only pot limits on the national government NOT state governments.

Question 5

Palko vs Connecticut

Answer 5

Case had to do we the framework of e constitution and how states power was determined on their own laws on a number of fundamental issues.
Established selective incorporation

Question 6

Establishment clause?

Answer 6

Congress shall make no law establishment of religion (1st clause)

• the government cannot establish an official church
• May not take side among competing religions but may still provide assistance to religious institutions or ideas as long as it shows no favoritism
• wall of separation between church and state cannot be breached by government.

Question 7

Free exercise clause?

Answer 7

Congress shall make no law Prohibiting the free exercise thereof (2nd clause)
-protects the right to believe and to practice whatever religion one chooses it also protects the right to be a nonbeliever

Question 8

Lemons vs kurtzman

Answer 8

Established 3 rules in future religious cases (lemon test) aid to religious schools would be constitutional if:

• it had a secular purpose
• it’s effect was neither to advance not to inhibit religion
• It did not entangle government and religious institutions in each other’s affairs

Question 9

Clear and present danger is when?

Answer 9

Clear and present danger is when the governments effusive to protect the speech rights due to their threat to national security
-1st and most famous test for government intervention or censorship

Question 10

The bipartisan campaign reform act (BCRA)?

Answer 10

The act prohibited political advocacy groups from running ads that mentioned a candidate within 30 days of a primary election and 60 days of a general election.
-this was justified because the government wanted to prevent wealthy special interests from influencing elections outcomes with last minute campaign ads

Question 11

What’s is the public forum doctrine?

Answer 11

The public forum doctrine are closely related to freedom of speech and freedom of assembly.

Question 12

What’s is a symbolic act?

Answer 12

The purpose of a symbolic act is to not only send a political message but also to draw a crowd by doing something spectacular in rose to strengthen the message by attracting speculators.

Question 13

What’s is speech plus?

Answer 13

Speech accompanied by conduct such as sit ins, picketing, and demonstrations. This is acceptable by the government as long as properly balanced by considerations of public order.

• assembly on private property is different and can be regulated
• assemblies in public areas can be restricted if it jeopardizes health, safety and rights of others.

Question 14

Freedom of speech implies what?

Answer 14

Freedoms of speech implies as well freedom of press except when it comes to media broadcast which is subject to federal regulation.

Question 15

What is prior restraint?

Answer 15

An effort by a governmental agency to block the publication of material it deems libelous or harmful in some way (censorship)
-in the u.s. The courts forbid prior restraint except under the most extraordinary circumstances.

Question 16

What’s is libel?

Answer 16

Libel is a statement made in reckless disregard to the truth and can be considered damaging to the victim because it is malicious, scandalous, or defamatory.

Question 17

What is slander?

Answer 17

Slander is the same thing as libel except when an oral statement is made.

Question 18

What is obscenity?

Answer 18

Obscenity is defined as speech or writing that appeals to the prurient interest that is books, magazines, films, and other material whose purpose is to excite lust.

Question 19

What’s is considered pornography?

Answer 19

Porn is deemed indecent by he average person according to community standards, depicts sexual conduct in patently offensive way and lacks serious literary, artistic,mop logical, or scientific value.
-Determined by local not national standards

Question 20

What’s is the communications decency act (CDA)?

Answer 20

Designed to regulate online transmission of data of obscene material.
-congress tried limiting children access to internet porn through children internet protection act which required public libraries to install anti porn filters in all library computers with internet access.

Question 21

What’s are fighting words?

Answer 21

Fighting words is when expressive speech moves from symbolic realm to the realm of actual conduct to direct incitement of damaging conduct.
-insulting a police officer.

Question 22

What is commercial speech?

Answer 22

Newspaper or tv ads do not have full 1st amendment protections because it cannot be considered political speech.

Question 23

What was MILITIA?

Answer 23

Militia was understood at the time of the founding to be military or police resource for state governments and militias were specifically distinguished from armies and troops which came within the sole constitutional jurisdiction of guess.
-the right of the people to keep and bear arms is based on and associated with the participation in state militias .

Question 24

What’s is due process of the law?

Answer 24

It is the right of every citizen against arbitrary action by national or state government.
-the 4th amendment protected us from unreasonable searches and seizures.

Question 25

What’s is the exclusionary clause?

Answer 25

It prohibits evidence obtained during an illegal search from being introduced in a trial.
-means that people who are clearly guilty of a crime of which they are accused of must not be convicted if the only evidence for their conviction was obtained illegally.

Question 26

What’s it grand and jury?

Answer 26

Grand jury determines whether sufficient evidence is available to justify a trial, grand juries do not rule on the accused guilt or innocence.

Question 27

What is double jeopardy?

Answer 27

Double jeopardy is that a person cannot be tried twice for the same crime.

Question 28

What’s is self incrimination?

Answer 28

It is the guarantee that a citizen shall not be compelled in any criminal case to be a witness against himself.

Question 29

What are Miranda rights?

Answer 29

It is the requirement articulated by the Supreme Court case Miranda vs Arizona that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal council.

Question 30

What’s is eminent domain?

Answer 30

It is the power of the government to take private property for public use– a power essential to the very concept of sovereignty.

Question 31

The 6th amendment

Answer 31

Speedy public trial and public trial by an impartial jury of the state and district wherein the crime was committed.

Question 32

The 8th amendment

Answer 32

Cruel and unusual punishment!

• excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishment inflicted
• death penalty

Question 33

Right to privacy

Answer 33

Provided in 4th amendment but NOT in bill of rights.
-right of the people to be secure in their persons, houses! papers! and effects! against unreasonable searches and seizures.