ch4

Question 1

Civil Liberties

Answer 1

Individual freedoms that place limitations on the power of government; freedom from governmental interference

Question 2

Civil Rights

Answer 2

Extension of government action to secure the rights of the citizen for all members of society; government must treat citizens equally, apply laws fairly, and not discriminate

Question 3

Incorporation

Answer 3

Does the BOR apply to states?
Selective vs. Total Incorporation: both have been used by SCOTUS
Importance of the 14th Amendment
due process

Question 4

Establishment Clause

Answer 4

no official religion
Separationist (wall) prevailing principle
Accomodationist (no preference)

Question 5

Free Exercise Clause

Answer 5

no laws regarding the practice of religion…people can be free from government policing their worship (kind of)

Question 6

Freedom of Assembly

Answer 6

Relatively broad in protection by the court
Meet with who you want and protected as political expression
Groups are not required to disclose their membership and individuals do not have to disclose

Question 7

Prior Restraint

Answer 7

VERY limited in the US; essentially cannot limit what the press may say before the say it
Gov can step in before anything goes to print and censor it
Us does not practice this, except for national security info

Question 8

Protection Against Unreasonable Search and Seizure

Answer 8

4th Amendment; must have probable cause and often a warrant
What’s reasonable? Typically SCOTUS views this narrowly–get a warrant and have probable cause. PATRIOT Act has changed this to a degree.
Exclusionary Rule: Evidence obtained illegally cannot be used to prosecute (fruit of the poisonous tree); incorporated to states in Mapp v. Ohio; NOT A CONSTITUTIONAL RIGHT

Question 9

Right to Counsel

Answer 9

6th Amendment: Legal counsel provided for defense if the defendant cannot afford it
Gideon v. Wainwright Man accused of stealing $ from pool hall vending machines filed handwritten appeal to SCOTUS