Module 2 Flashcards
legal and constitutional rights that protect citizens from government actions
Civil Liberties
an order requiring an official bring a specified prisoner into court and explain to the judge why he is being held
Writ of habeas corpus
A legislative act that inflicts punishment on a particular persons or groups without granting them the right to a trial
Bill of attainder
A criminal law, that punishes individuals for committing an act that was legal when the act was commiteed
Ex post facto law
For many years the courts assumed, that the Bill of Rights limited only the _____. Not the actions of the _____.
Government/ State
The ______ believed that the state being closer to its people, would not violate its own citizens rights. However, the ____ began to take a different view.
Federal government/ Supreme Court
The Supreme Court said the Bill of Rights did not apply to the _____. (and case name)
Barron vs. Baltimore/ States
In ____, three years after the Civil War, the ___th Amendment was added to the Constitution
1868/14
The due process of the 14th Amendment requires that the ____ protect the citizens rights . The 5th amendment did the same for the ____.
State government/ Federal Government
the right to be treated fairly under the legal system
The right to due process of law
focuses on the content or substance, of legislation
Substantive Due Process
Prohibits Congress from passing laws “respecting an establishment of religion”
Establishment Clause
the provision of the 1st Amendment stating that the government cannot pass laws prohibiting the exercise of religion
Free exercise clause
The Wall of Separation referred by _____ does exist
Thomas Jefferson
Prayer in Schools ( year, name, and nickname)
1962/ Engel v. Vitale/ Regents Prayer Case
Conclusion of Engel v. Vitale
The Supreme Court agreed with the opposing parents that it violated the establishment clause.
In 1985 the Supreme Court ruled that the moment of silence in an ____ law authorizing a moment of silence was unconstitutional
Alabama
The Supreme Court said that the schools PA system during _____ season for prayer is unconstitutional
football
The Supreme Court did not ban ____ but it did ban ____
teaching religion/ religious practices
Aid to _____ schools can have funds for transportation, equipment or special educational services for disadvantaged students have been held permissible
parochial
The _____ Test is the Supreme Court’s standard in:
Lemon/
- The purpose of financial aid
- Its primary effect must neither advance or inhibit
- It most avoid “excessive government entanglement with religion.”
In 2002 the United States Supreme Court ruled that a ____ program in _____ was constitutional
voucher/ Cleveland, Ohio
allow students to go to public or private schools
School Vouchers
____ and ____ are distinct
Belief/ Practice
The Supreme Court ruled that the right to hold any ____ is ____
Belief/ Absolute
The right to practice any belief is ____
limited
Explain Reynold v. United States
Reynold was a member of the Latter Day Saints and had two wives. He was convicted and appealed to the Supreme Court. The Court rejected it, on the basis that his religious doctrines would be superior to the law. The LDS church issued a manifesto in 1890 prohibiting new polygamist marriages
Another issue under the _____ clause is the right to refuse medical treatment. ( and give example)
Free exercise/ Vaccination
The free exercise of religion in the workplace was bolstered by the _____ of the _____ of 1964. This law requires employers to accommodate their employees religious practices. Unless it causes the employer to suffer undue hardship
Title VII/ Civil Rights Act
