Chapter 4 Flashcards
The Right to Privacy
-Not specifically mentioned in the Constitution.
-Supreme Courts have argued that the heart lies in the 4th Amendment’s prohibition of unreasonable searches.
-In 1965 the Supreme Court grounded the right to privacy in the Constitution, arguing it fits into the “zone of privacy” created by the 3rd, 4th, 5th and 9th amendments.
-The right to privacy has since been used to strike down laws limiting access to birth control, outlawing abortions, and criminalizing same-sexual activity.
Rights of the Criminally Accused
-4th protects individuals from unreasonable search and seizure.
-5th right to a grand jury, protection from double jeopardy, and guarantee against self-incrimination.
-6th the right to legal counsel, speedy trial, and confront witnesses before an impartial jury.
-8th protects individuals against cruel and unusual punishment.
What protections are guaranteed by the Fifth Amendment?
-protection from double jeopardy
-protection from self-incrimination
-the right to a grand jury
Why are fighting words an “unprotected” form of speech?
They may directly incite damaging action.
They do not contribute to the marketplace of ideas.
True or False;
The Bill of Rights had a limited reach prior to the twentieth century because most rights only applied to the national government and not state governments.
True
Which amendments, according to Supreme Court arguments, have elements of the right to privacy?
-3rd, 4th, 5th, 9th
Which case formally established the right to privacy?
-Griswold v. Connecticut
What is the significance of the Supreme Court’s ruling in Miranda v Arizona?
-It advanced the civil liberties of the accused
-expanding the Fifth Amendment’s protection against coerced confessions and self-incrimination
-confirming the right to counsel.
Two parts of the First Amendment concern religious freedom:
-establishment clause, free exercise clause.
-Establishment clause: “a wall of separation between church and state”
-Free exercise clause: protects one’s right in practicing religion
What is the difference between the establishment clause and the free exercise clause found in the First Amendment of the U.S. Constitution?
-The free exercise clause safeguards individuals religious rights, the establishment clause restricts government from endorsing a particular religion or giving favor to a certain religion.
Why is due process of law important?
-It protects individuals from arbitrary actions by their national and state government.
Types of speech from most protected to least protected.
-Freedom of press, speech plus, commercial speech, fighting words
The right of —— requires that individuals in custody be brought into court and shown the cause for detention.
habeas corpus
Which amendments have been selectively incorporated to the states using the Fourteenth Amendment?
Second Amendment, First Amendment, Eighth Amendment
Why has the “stop and frisk” police tactic been a topic of controversy?
-does not reduce crime.
-leaves a lot of discretion to a police officer to determine probable cause.
-has been linked to racial profiling.
What are the three parts of the Lemon test?
-Does the practice foster an excessive government entanglement with religion?
-Does the practice advance or inhibit religion?
-Does the practice have a secular legislative purpose?
Which amendment specifies the right to bear arms?
2nd
fifth amendment
5th amendment: protects citizens from being tried twice for the same alleged crime (double jeopardy)
sixth amendment
6th amendment- protects citizens by giving the right to receive counsel for defense of a crime
eighth amendment
8th amendment- protects citizens from being tortured or excessively threatened
fourth amendment
4th amendment- protects against unreasonable searches and seizures
-Applies to all individuals
-”Negative Rights”- actions the government cannot take
-Guarantees to protect people from arbitrary actions by overly powerful government
ex:)
-Freedom of Speech (1st Amendment) : note that Freedom of Speech is not absolute.
-Freedom of Religion (1st Amendment)
-Freedom of Press (1st Amendment)
-Freedom of Assembly (1st Amendment)
-Freedom from Unreasonable Search and Seizure (4th Amendment)
Civil Liberties
-Applies to groups
-”Positive rights” -declares what the government must do or provide
-Guarantees that government will act affirmatively to ensure equal citizenship
ex:)
-Right to due process (14th Amendment)
-Right to equal protection under the law (14th Amendment)
-Right to vote (The Voting Rights Act of 1965)
Civil Rights
—— Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
First
areas of personal freedom constitutionally protected from government interference
civil liberties
a court order demanding that an individual in custody be brought into court and shown the cause for detention
habeas corpus
the first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people
Bill of Rights
the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments
selective incorporation
the First Amendment clause that says “Congress shall make no law respecting an establishment of religion”; this constitutional provision means that a “wall of separation” exists between church and state
establishment clause
a rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to “excessive entanglement” with religion
the Lemon test
test used to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society
“clear and present danger” test
speech that directly incites damaging conduct
fighting words
speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order
speech plus
an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the United States, the courts forbid prior restraint except under the most extraordinary circumstances
prior restraint
a written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”
libel
the right of every individual against arbitrary action by national or state governments
due process of law
the ability of courts to exclude evidence obtained in violation of the Fourth Amendment
exclusionary rule
the requirement, articulated by the Supreme Court in Miranda v. 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 counsel
Miranda rule
the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions
right to privacy
the right of government to take private property for public use
eminent domain
True or False;
The United States has passed laws that make it illegal to say anything that might challenge the government.
True
How has the Supreme Court’s interpretation of individuals’ Fourth Amendment protections against unreasonable searches and seizures evolved?
-Has softened the application of the exclusionary ruler, allowing federal courts to use their discretion about it depending on the “nature and quality of the intrusion.”
What were the Federalists’ and Antifederalists’ views on the Bill of Rights?
-Federalists: unnecessary because there were already restrictions on the national government,
Antifederalist saw its exclusion as a major flaw that needed to be remedied.
Americans have a constitutional protection against ———-, which refers to the Fifth Amendment right providing that a person cannot be tried twice for the same crime. However, there is an important exception known as the ——— exception, which allows for individuals to be tried for the same offense in both federal and state courts.
Americans have a constitutional protection against double jeopardy, which refers to the Fifth Amendment right providing that a person cannot be tried twice for the same crime. However, there is an important exception known as the separate sovereignty exception, which allows for individuals to be tried for the same offense in both federal and state courts.
What amendment was foundational in giving you legal representation?
sixth amendment
