Chapter 5 Flashcards
1st Amendment
- Right to protest
-Freedom of the press - Freedom of religion
- Freedom of petition
- Freedom of speech
2nd Amendment
- “Well regulated militia”
- Founding fathers were concerned with self defense and militia service
- Ongoing issue today between gun rights and gun control
3rd Amendment
- No quartering troops in private homes
- Set precedent for the right to privacy and reflected concerns about gov’t overreach and individual rights
- Under marital law, this amendment would not apply
4th Amendment
- No unreasonable search or seizures
5th Amendment
- Self inciminination: can’t be forced to testify against urself
- Due process: Right 2 fair treatment in judicial system and wut ur being charged with
- Double jeapordy: Can’t be charged 2 w/ the same crime
- Eminent domain: compensation for private property when it is used 4 public use
6th amendment
- Rights to individuals accused of criminals right to have a
- speedy trial
- public trial
- impartial jury
- to be informed of charges
- confront wtness
- to counsel (you don’t have to speak until u have a lawyer)
7th amendment
- rights of individuals in civil disputes
- Right a Jury trial
- Common Law Tradition
- No re-examinations of facts
- ensures jury’s findings r respected
8th amendment
- Ensures bail is not set higher than necessary for a time or risk level
- Bans excessive fines
- Bans cruel and unusual punishment
9th Amendments
- Protects rights not in constitution
- citizens have “unenumerated rights” beyond these explicitly mentioned
10th Amendment
- Reserves powers to the states and the ppl that are not specifically delegated to the federal gov by the constitution
Modern Applications
Used in debates over state Lawson issues like education, health care, and regulation
civil liberties
basic freedoms that are guaranteed under the Consitution, such as freedom of speech and freedom of religion. These rights are protections from governmental intrusion or abuse.
Used in debates over state Lawson issues like education, health care, and regulation
Modern Applications
basic freedoms that are guaranteed under the Consitution, such as freedom of speech and freedom of religion. These rights are protections from governmental intrusion or abuse.
civil liberties
incorporation
the process by which the Supreme Court applies the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment
the process by which the Supreme Court applies the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment
incorporation
libel
publishing false information about someone with intent to cause harm
publishing false information about someone with intent to cause harm
libel
slander
Orally spreading false information about someone with intent to cause harm
Orally spreading false information about someone with intent to cause harm
slander
prior restraint
an attempt by government to prevent the publication or broadcast of material considered harmful
an attempt by government to prevent the publication or broadcast of material considered harmful
prior restraint
self-incrimination
statements, usually made under oath, suggesting that the person speaking is guilty of a crime
statements, usually made under oath, suggesting that the person speaking is guilty of a crime
self-incrimination
double jeopardy
the prosecution of a person a second time for a crime for which the defendant has already been tried once and found not guilty. Double jeopardy is prohibited under the Fifth Amendment.
The Schenck v. US
Schneck didn’t want there to be a mandatory draft and sent out leaflets to people to get them to avoid the draft but the court ruled that this was too dangerous of a way to express freedom of speech and ruled against him
Marybury vs Madison
Marbury v. Madison was a 1803 Supreme Court case that established the principle of judicial review, which gives the courts the power to declare laws unconstitutional if they violate the Constitution.
Barron vs Baltimore
Bill of rights applied only to the actions of the fed gov
Plessy v Fergueson
Court decided racial seg did not violate Equal “Protection Caluse as long as “separate but equal” facilities were provided for all races
Abrams v United states
- Russians for socialism created leaflets that the Supreme court said posed a “clear and present danger”
Gitlow v New York
Group arrested for handing out leaflets calling for an uprising to create a socialist gov
Reversed Abrams v United States and said that the due process clause did extend to first amendment
Engel v Titale
- Court banned state sponsored prayer
Lemon v Kurtzman
ruled that the practice of using public funds to support private religious schools was unconsitutional
- established lemon test to determine if and when gov action violates establishment clause
gov action must have a secular or nonreligious, purpose, neither help nor hurt religion
not result in an excessive entaglement of the government and religion
Reynolds vs US
- ruled that laws may interfere with religious practices
Minersville School District v. Gobits
Mandated children to say pledge of allegience
West Virginia State Board of Education v Baronate
reversed decision in Minersville School District v. Gobits and said
Brandenburg v. Ohio
klu clux clan leader was arrested for giving a speech advocating for illegal activities
- does speech present clear and present danger
- will it likely produce an action
(in this case the court did not find it likely the speech would produce action)
Texas vs Johnson
Court concluded that flag burning is protected symbolic speech
Reno v American Civil Liberties Union
- Court decided some offensive speech must be allowed to exist (specifically some forms of porn can exist)
Near v Minnesota
Leaders tried to stop publication of material they didn’t like
Court ruled These Attempts at prior restraint are unconstitutional
Hague v CIO
Mayor of New Jersey didn’t grant the Commiteee of industrial Org a permit to assemble because he disliked labor unions. The union took Hague to court.
NAACP vs Button
CCase concerned NAACPs efforts to encourage African Americans who had suffered from discrimination to take their cases to court, The state of Virginia accused NAACP of breaking a state law by seeking out legal buisness, The purpose of such laws is usually prevent unethical lawyers from launching lawsuits for their own gain.
District of Columbia v Heller
Court struck downa a law that banned the possession and regisration of hand guns in Washington DC
McDonald v City of Chicago
individual right to keepp and bear arms set forth in District of Columbia v Heller applied to state gov as well
Katz v US
Court thought you needed a warrant even when you place recording device to only capture voice
Terry v Ohio
Gave law enforcement officials greater latitude to search individuals
Gideon vs Rainright
- lawyer provided even in cases where death penalty not involved
Sheppard v. Maxwell
- press coverage should not be allowed to interfere with a defendant’s right to due process
Furman v Georgia
made capital punishment applications more strict
Gregg v Georgia
death penalty consitutional under new laws
Griswold v Conneticut
Griswold v. Connecticut was a landmark 1965 Supreme Court case that established the right of married couples to privacy and access to contraception:
Roe V Wade
women’s right to abortion
US v Morrison
United States v. Morrison invalidated Section 13981 of the Violence Against Women Act (VAWA) of 1994 that gave victims of gender-motivated violence the right to sue their attackers in federal court. Justice William Rehnquist wrote for the majority and said that the result was controlled by United States v.
