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Political Science > Exam #3 > Flashcards

Exam #3 Flashcards

1
Q

Establishment, Free Exercise, Speech, Press, Assembly

A

1st Amendment

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2
Q

“Congress shall make no law respecting the establishment of religion…”

A

Establishment Clause

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3
Q

3 Interpretations of Establishment Clause

A
  1. (Original) The State, or national government in this case, cannot create a national church.
  2. The Government cannot favor one religion over another
  3. Separation of church and state
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4
Q

“Congress will make no law prohibiting the free exercise of religion.”

A

Free Exercise Clause

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5
Q

“Congress can’t make laws that infringe on your freedom of speech.” Was actually intended to protect political speech.

A

Free Speech

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6
Q

3 Interpretations of Free Speech

A
  1. Actual Speech
  2. Symbolic Speech
  3. Speech Plus
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7
Q

The Alien and Sedition Act, The Espionage Act, and the Case with the KKK.

A

Actual Speech

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8
Q

Actions intended to send a political message; for example, Case of Man not liking a Policy, Case of Students Protesting the War, and Westboro Baptist Church.

A

Symbolic Speech

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9
Q

That speech is followed by some kind of action; for example, a march, passing our brochures. Speech can be limited on private property.

A

Speech Plus

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10
Q

The ability to write what you wanted; was actually intended for political speech.

A

Freedom of Press

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11
Q

Limitations of Speech and Press

A
  1. Slander & Libel
  2. Obscenity & Pornography
  3. fighting Words & Hate Speech
  4. School Speech
  5. Commercial Speech
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12
Q

The ability to form a group for a cause.

A

Assembly

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13
Q

“The right to bear arms.”

A

2nd Amendment

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14
Q

“No quartering.”

A

3rd Amendment

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15
Q

Collectively these are the rights against law enforcement in government; for the criminally accused; the technicalities of the law.

A

4th, 5th, 6th, & 8th Amendment

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16
Q

“The right of the people to be secure from unreasonable searches and seizures.”

A

4th Amendment

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17
Q

Reasons for a search to become reasonable:

A
  1. Consent
  2. Plain View
  3. Warrant
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18
Q

If law enforcement conducts S & S in violation of the 4th amendment that evidence will be excluded from trial.

A

Exclusionary Rules

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19
Q

Any other evidence that was found as a result of the previous evidence can not be used either.

A

Fruit of the Poisonous Tree

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20
Q

What is necessary for a warrant?

A
  1. You must have probable cause
  2. The officer must swear an oath or affirm everything said is true
  3. Particularly describing
21
Q

“No person shall be held to answer for a capital or otherwise infamous crime unless on an exempt or inditement of a grand jury.”

A

5th Amendment

22
Q

The most serious offenses; could be facing the death penalty; It’s one sided to see if they think they have enough evidence to put them on trial for the crime.

A

Grand Jury

23
Q

Can not be tried for the same crime twice; It doesn’t cover different laws in different locations.

A

Double Jeopardy

24
Q

You don’t have to be witness against yourself; You can be quiet and not help them prove your case.

A

Self-Incrimination

25
There is a process in which you have to go to properly accuse.
Due Process of Law
26
They can come take your private property but it has to be used for public use and they must compensate you.
Eminent Domain
27
“If all criminal prosecutions be accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime have been committed."
6th Amendment
28
To have compulsory process no choice for obtaining witnesses in his favor. You must appear before this court at this place, at this time.
Subpoena
29
All about civil cases; cases where they are seeking money. Right to a jury in civil cases.
7th Amendment
30
"Excessive bail shall not be required nor excessive fines imposed." “Nor cruel or unusual punishments afflicted."
8th Amendment
31
We have these rights that are enumerated in the constitution but that doesn’t mean there might be others.
9th Amendment
32
"The powers not delegated to the U.S. by the constitution nor prohibited to the States are reserved to the States respectively or the people."
10th Amendment
33
The Civil War Amendments
13th, 14th, and 15th Amendments
34
Abolishes slavery; except those convicted of a crime and sentenced to punishment through judicial process.
13th Amendment
35
Amendment created after the Civil War contain 4 parts: 1. Establishes Citizenship 2. "No state shall make or enforce any law which shall bridge, infringe upon the privileges of a citizen." 3. Due Process Clause; 4. The Equal Perfection Clause
14th Amendment
36
The right to vote was extended to all males
15th Amendment
37
Females get the right to vote
19th Amendment
38
The Miranda Right and warnings. Upon arrest the arresting officer must express verbally their rights to remain silent and that they have a right to an attorney.
Miranda v. Arizona
39
The Supreme Court makes the observation, “Slaves are not people, they’re property, and as property, they can be moved, sold, traded, and whatever manner the owner chooses, so they can not be a citizen of a State.”
Dred Scott
40
The Supreme Court says, “As long as the facility is equal it okay for them to be separate facilities."
Plessy v. Ferguson
41
The Supreme Court says, "it’s not just to have separate but equal facilities." We get forced integration.
Brown v. Board of Education
42
It legalized abortion during certain parts of pregnancy.
Roe v. Wade
43
The court will decide case by case, right by right basis which, if any, of the Bill of Rights through the XIV amendment apply to the States; from that moment till 2010
Selective Incorporation
44
These are our personal/individual freedoms from government interference; Area where the government shouldn’t be dictating our lives.
Civil Liberties
45
The first 10 amendment of the Constitution. These have never been nationalized; some have been applied to the States through the 14th amendment.
Bill of Rights
46
This is never actually stated in any of the amendments, but is implied in the 4th Amendment.
Right to Privacy
47
Your personal freedom from government interference provided by the Bill of Rights The obligation on government to protect citizens from discrimination (Unreasonable and unjust criteria for exclusion).
Civil Rights
48
The states are expect to provide equal protection to all citizens.
Equal Protection Clause
49
Came out of the 1964 Civil Rights Act. The effort by the government to create equality, or prevent discrimination in employment and education.
Affirmative Action

Political Science (2 decks)

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