Chapter 9 Flashcards
a statement of an individual citizen’s legal privileges
Bill of rights
Group lent final support for ratification of the Constitution in Virginia
federalist
What are the three purposes of the establishment clause and free-exercise clause in the Bill of Rights?
To prevent the establishment of a national religion or state church.
To safeguard the right to freedom of religion.
To permit the individual states to deal with religions.
What did the Founding Fathers intend in the First Amendment?
To ensure that state and church be institutionally separate.
What is the lemon test
determine if government assistance to religion violates the First Amendment’s Establishment Clause
The law must have a secular purpose.
The law’s primary effect must be neutral towards religion.
The law must not foster an excessive entanglement of government with religion.
why did the founding fathers refuse to support an established religion?
They believed that true religion is a matter of the heart and will and cannot be forced upon someone.
What prohibitions has the Court made against a total “free exercise” of religion.
One cannot exercise a religious practice if it is dangerous.
According to william blackstone, what does freedom of the press involve?
Every freeman has an undoubted right to lay what sentiments he pleases before the public.
What types of speech are not protected by the Bill of Rights
Speech that can destroy someones reputation (slander)
False writing
Libel
What right does the final section of the first amendment protect?
The to peaceably assemble to protest grievances.
What are the two dominant ideas of the second amendment?
1) Militias are necessary to the security of a free state.
2) The right to keep and bare arms cannot be infringed (violated)
What right does the third amendment guaranteed one in regard to his home?
Property rights
Restricts the sale of handguns by requiring a waiting period for the purchase of a handgun.
Brady Law
What right is guaranteed in the fourth amendment?
Protects individuals against unreasonable searches by civil authorities without a warrant
What, according to Walter Williams, is the most “human” right of all?
Private property
A written statement issued by a judge which gives a law officer the legal right to search for a particular thing in a specific place.
warrant
What right is guaranteed in the fifth amendment?
no ordinary citizen can be accused of a felony before a grand jury considers the evidence and decides if it sufficient to stand trial
a crime so serious it is punishable by death
capital crime