Lesson 5 Flashcards
Bill of Rights
- adopted
- what it is
- adopted in 1791
- stipulates rights of the people that government cannot take away
What are the two types of the bill of rights?
Substantive
Procedural
Substantive Right
Right of a citizen to do something free from a a particular degree of gov. restraint
Ex: right to bear arms, right to petition gov.
Procedural Right
Right by which the government will interact with him or her
Ex: right to trial by jury, right to confront an accuser
Civil liberties
Freedoms which cannot be abused or rescinded
Civil rights
Privileges that follow from the concept of equal protection under the law
What is the relationship between civil rights and liberties?
Every liberty is a right, but every right is not necessarily a liberty
Incorporation Doctrine
Judicial act of applying the Bill of Rights to the states
Barron v Baltimore(1833)
- what it is
- what it created
John Marshall ruled that the bill of rights restrain the national government, not the state governments
-created dual citizenship
Dual citizenship
Think of yourself as a citizen of your country and your state
14th amendment (1868)
Formally applied the bill of right to the states
What was the first application of the incorporation doctrine in?
Gitlow v. New York(1925)
Gitlow v. New York
- who is Gitlow
- explain the case
- Gitlow: socialist that published a newsletter and was arrested
- supreme court heard his case and he lost–> the fact that they didn’t immediately dismiss it means they applied the incorporation doctrine
What was the most aggressive application of the Incorporation Doctrine by?
The Warren court in the 1950s and 1960s
Establishment Clause
Government shall not establish an official religion
Free Exercise Clause
Government shall not prohibit citizens from freely exercising from their religious beliefs
The sum of Constitutional Law has created …
A “wall of separation” between government and religion(not referencing the constitution)
Engel v. Vitale (1962)
No nondenominational prayer in schools
Lemon v. Kurtzman (1971)
- what it is
- what it resulted in
- No government aid to parochial schools
- Lemon Test
Parochial
Private school with religious mission
Lemon Test
A law is permissible if it…
1) is secular:non-religious
2) neither enhances or inhibits religion
3) avoids excessive entanglement of government with religion
Lee v. Weisman (1992)
No clergy participation in school functions
Schenk v. United States(1919)
When clear and present danger exists, speech can be limited
Chaplinsky v. New Hampshire (1942)
Defined the meaning of fighting words
Fighting words
Words/speech acts that are incitements to violence
New York Times v. Sullivan (1964)
Defined what kinds of written words constitute libel
Libel v. Slander
Libel: WRITTEN material that is malicious, recklessly false, and damaging to a persons reputation (if well known)
Slander: same as libel except SPOKEN
New York Times v. United States(1971)
Decided that the newspaper could print the Pentagon Papers
Pentagon Papers
Showed government lied about war in Vietnam
Texas v. Johnson (1988)
Flag burning protected as a form of symbolic political speech
Freedom of Assembly
The constitution protects the right to peaceably assemble and to petition the government
Dejonge v. Oregon (1937)
Groups that promote political violence retain the right to peaceably assemble
Dennis v. United States(1951)
Groups that advocate the forceful overthrow of the U.S. Government may not assemble for such purposes
Yates v. United States (1957)
Groups that convene to promote the holding of a belief in political violence are protected, while those that meet to promote acting on the belief in political violence are not protected
Brady Bill
Law passed by Congress in 1993 stipulating that states must place restrictions on handgun registration and institute mandatory waiting periods
United States v. Heller(2008)
The 2nd amendment protects the right of an individual to keep and bear arms
McDonald v. Chicago (2010)
The 2nd amendment applies to the states
Right to Procedural Due Process
Amendments 5, 6, and 7 lay out the procedures that law enforcement and government officials must follow to protect the rights of persons accused of a crime
Escobedo v. Illinois (1964)
Law enforcement officials must allow the accused to consult a lawyer following arrest
Gideon v. Wainwright (1964)
The accused have the right to an attorney even if they cannot afford one
Miranda v. Arizona (1966)
Law enforcement must advise an arrested person of their constitutional rights
New York v. Quarles (1984)
When public safety is threatened, the miranda warning is not required
Hamdi v. Rumsfeld(2004)
Enemy combatants held in the U.S. have due process rights
Gregg v. Georgia(1976)
Reinstated the death penalty as a constitutional form of punishment under controlled and measured circumstances –states had to have plan approved by court
Undefined rights
9, 10
9th
“The enumeration in the Constitution, of certain rights, shall not be construed to deny…others retained by the people.”
10th
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
United States v. Lopez (1995)
states, not feds have power to enforce gun laws
Printz v. United States (1997)
overturned part of Brady Bill on grounds of federal government overreach
Gonzales v. Oregon (2006)
federal government could not block states from passing laws enabling assisted suicide
National Federation of Independent Business v. Sibelius (2012)
Affordable Care Act upheld based on Congress’s power to tax
Furman v. Georgia (1972)
Led to a moratorium on the death penalty in all states
