Ch 4) Civil Liberties And Public Policy Flashcards
The bill of rights limited the powers to only who?
Only to national government! Not state gov
Who were the anti-federalist?
Wanted to prevent the constitution from ratification. They feared the rights of the people and even the states. They argued that the bill of rights was needed in the constitution.
What did the 14th amendment do?
Extended the bill of rights to state gov
Who were the federalist?
Favored the constitution and a strong central gov. 85 essays published & the 2 most famous is #10(factions) and #51 (se pertain of powers and checks and balances)
14th amendment says “no state shall make or enforce any law which shall abridge the privileges while the 1st amendment says..?
Congress shall make no law respecting an establishment of religion
What are civil liberties?
The rights that are guaranteed by the constitution through the bill of rights. Places limitations on the gov. (Specify what the gov cannot do, protection of citizens from the gov
What are civil rights?
The rights of individuals not to be discriminated against on the basis of race,gender,nationality, age, religion etc. (what gov Must do to ensure equal protection and freedom. Protection of citizens BY the gov).
The 1st amendment of the bill of rights addresses the issue of religion from what two aspects?
1) separation of church an state
2) free exercise clause
This has to do with the separation of church and state, what is the establishment clause?
Prohibits the creation of a church officially supported by national gov.
What are 3 controversial issues when it comes to “separation of church and state”?
1) funding education; aid to any religion or church related schools through legislation
2) school prayer; prayer in public schools
3) public display) religious displays on public property
-lemon v. Kurtzman aid to church related schools must pass the lemon test that is..?
1) secular purpose (non-religious)
2) not promote or interfere with religion
3) not produce “excessive entanglement” of church and state
Do school vouchers violate the establishment clause?
They do not but the court has permitted aid in limited situations.
In the engel v. Vitals case ( the prayer for schoolchildren) did it violate the constitution?
Yes
What is the free exercise clause?
Protects a citizens right to believe and to practice whatever religion he/she chooses; also protects non-believers.
Are religious displays on public property allowed?
The Supreme Court allows some displays but not others, for example;
There has to be a purpose to a display like, Christmas tree or Santa.
What is the right to free speech and free press?
The rights to see and read whatever
What was the Texas v. Johnson about?
This was about burning the flag and it is legal
Is cross burning illegal?
States may make it a crime to burn a cross with a purpose to intimidate
Is freedom of expression absolute?
No!
Explain clear and present danger?
The Supreme Court allowed restrictions on speech that would cause harm to the public
Unprotected speech?
Obscenity- the definition has been avoided by the gov but it’s a statement or act that society cannot stand to read or watch.
Describe the child protection act..
This act made it a crime to knowingly receive email with sexually explicit descriptions of children
Can states ban private possession of child porno?
Yes
Can states make it a crime to offer child porno, even if it does not exist?
Yes
What is slander?
Character in the public uttering of a false statement that harms the reputation of another
What is a gag order?
Restrict publications of news about a trial or pretrial hearing. Why? To protect accusers right to a free trial and publicity is harmful to trials
Is there a right to privacy?
Nowhere in the bill of rights does it say but it Ian an interpretation in ( 1st, 3rd, 4th, 5th and 9th amendment)
An individual who committed a crime is presumed to e innocent until proven guilty , true or false?
True
What are the rights of the accused?
No unreasonable or unwarranted searches and seizures
