Civics Chapter 6 Review Flashcards
Establishment Clause
Used in 1st amendment stating that congress has no right to establish religion. Also a separation between church and state.
How many rights are protected in the 1st amendment?
- The right to petition the government, the freedom of speech, the freedom of religion, the freedom of press, & the freedom of assembly.
Free exercise clause
In the first amendment referring to religion. The US government cannot prevent exercise of religion unless it is harmful to your or others health or safety.
Limits on practicing you religion
The government can limit practices of religion if it’s deemed unlawful or threatening.
Separation of church and state.
There shall not be religion interfering with state matters or public education.
Unprotected speech (Speech not protected by the 1st amendment)
Fighting words. Seditious speech (advocates overthrowing the governments). Advocacy of imminent lawless action and lawless behavior likely to cause violation of law before an officer can be summoned. Also defamatory speech.
Defamatory speech
Defamatory speech (damaging to a persons reputation). Libel defamation: printed. Slander defamation: spoken.
The tests of free speech used by the Supreme Court
Clear and present danger, tendency, balancing, incitement, imminent lawlessness action.
Clear and Present Danger
Older. Case: Schenk vs. US Ruling: if speech presents danger congress may stop it
Tendency
(1925) Cass: Gitlow vs. N.Y. Speech could be limited if a tendency to lead to illegal action.
Balancing
Balance rights to freely express against need to maintain order
Incitement
Speech can be prohibited when it is intended to incite lawlessness.
Imminent lawless action
Speech is not protected by the first amendment if it is likely to cause violation of the law more quickly than an officer could be summoned.
Rights of the accused
Write of habeas Corpus, Bill of Attainder, ex post facto law
Writ of habeas corpus
Order from a court to a law enforcement agency to release a person in jail to determine whether he or she has been legally detained
Bill of attainder
Legislative act that declares a person guilty and gives out punishment without a court trial
Ex post facto law
Law that punishes somewhat for a crime committed before the act was considered a crime
Eminent domain
The government cannot take your land unless it pays
Due process of law
Procedural due process: the way people are treated when arrest is fair.
Content/substance due process: laws are fair constitutional
Double jeopardy
Being placed in trial twice for the same crime
Miranda warning
Requires officer to state upon arrest “you have the right to remain silent”
Amendment process
The way in which changes are added to the constitution. Amendments must be approved by both national and state levels (national first)
Plead the fifth
The right to remain silent/not to testify against yourself
Skokie case outcome
Neo Nazis were allowed to march and didn’t have to pay insurance to march.
Tinker case outcome
The armbands were okay because they were symbols representing speech
Exclusionary law
Evidence seized in an improper search can not be used in courts
Probable cause
Information from a reliable cause. Most show what’s us to be searched or seized. Must be served. Must not exceed the scope of the warrant
Mapp v Ohio
Dealt with unfair search and seizures
Escobedo v IL
Testified against himself, was denied his attorney when he asked
Miranda v HZ
Wasn’t aware he/she had the right to remain silent
Gideon v Wainwright
Denied an attorney at trial (because he couldn’t afford one)
Geral v Gault
Kid was tried with severe punishment
Tinker v Desmoines
Kids wearing armbands, free speech
2nd amendment
The right to hear arms. Debates doing on now…
3rd amendment
The government cannot force you to shelter soldiers in your house without consent
4th amendment
Search and seizures
5th amendment
Can’t be tried for the same crime twice. Don’t have to testify against yourself (plead the fifth). You must have due process of law before you are convicted. The government cannot take your land unless they pays (eminent domain). Grand jury: indicated (formally accused of a crime)
6th amendment
The right to a speedy and public trial. The right to be informed of the charges against you. Must be provided with a lawyer if you cannot afford one.
7th amendment
Deals with civil cases (ie divorce)
8th amendment
No excessive bail. No cruel and unusual punishment.
9th amendment
Unenumerated rights. Rights be listed in the bill of rights or constitution go to the people
10th amendment
Powers reserved to the states. Powers not listed in the constitution go to the states
