Multiple CHoice Test 1 semester 2 Flashcards
What are Civil Liberties
Fundamental rights and freedoms protected from infringement by the government
What are Civil rights
protections from discrimination as a member of a particular group
What is the bill of rights
list of fundamental rights and freedoms that individuals possess
What was the anti-fed view on the bill of rights
They didn’t wanna ratify the constitution without it
What was the federalist view regarding a bill of rights
- They felt it was unnecessary and they were worried that they would never think of all the rights people have
What levels of government did the federal bill of rights initially apply yo
-National level
What is selective incorporation
applying the bill of rights to states on a case by case basis
Which supreme court case was selective incorporation first uses? How?
-Gitlow vs New York
-1st case they applied the bill of rights to the states
Which constitutional amendment laid the foundation to extend the bill of rights to the states
-The 14th amendment
What is the due process clause
no STATE can deny a person life, liberty, or property without due process of law
what is the establishment cause
- it prevents a national religion (cant require citizens to join or support a religion)
what is the free exercise clause
-protection of the rights of individuals to exercise and express their religious beliefs
what was decided in the supreme court case of Engle vs. vitale
-cannot have prayer in school that every single person has to hear or recite
what is the current status of prayer in public schools
-cannot have prayer during instructional time but students can pray on their own during non instructional time
what is the “Lemon Test”
-the government has to stay neutral on religion and cant use tax dollars to help support religious schools
What was decided in the supreme court case of Wisconsin vs Yoder
-forcing Amish children to attend highschool is unconstitutional because it goes against their religious beliefs in the Free exercise clause
what was decided in the supreme court case Schneck vs United States?
-clear and present danger test
-speech that creates a threat to national security is not protected under the 1st amendment
What was decided in the supreme court case New york times vs United States
-gov couldn’t stop the newspapers from printing the stolen, classified materials because they couldn’t prove an actual threat to national secuirty
What was decided in the supreme court case of Brandenburg vs Ohio
-freedom of speech is allowed unless it advocates for evident lawless action that is likely to happen
what was decided in the supreme court case Tinker vs Des Moines
-students have free speech at school (such as wearing armbands to protest war), schools can only restrict it if it they can prove it is going to disrupt the operation of the school
What is libel? what is slander?
-libel is an untrue written statement to injure someones reputation
-slander is an untrue spoken statement that injures a persons reputation
What was decided in the supreme court case of New York times vs Sullivan
- the press protects all statements regarding government officials , unless they are very untrue
what is hate speech
-speech that has no purpose except to express hatred towards people of a certain subgrouo
what was the standard for obscenity in Roth vs United States
-what the average person would consider offensive
what did the supreme court decide regarding freedom of assembly in the case of Dejonge vs Oregon
-it is unconstitutional to prevent groups from meeting, even if their cause is unpopular
What was decided in the supreme court case of Mcdonald vs Chicago
-gun bans in homes anywhere in the US is unconstitutional under the 2nd amendment
What is a warrant
- a legal document signed by a judge that authorizes someones home to be searched
what is probable cause
-reasonable suspicion that a crime has been committed or there is evidence that is relevant to a criminal investigation
what is the exclusionary rule from the supreme court case of Mapp vs ohio
-evidence that is illegally attained without warrant cant be used in court
WHat is a grand jury
-decides if there is enough evidence to indict someone of a crime
what is double jeoprady
-protects someone from being charged with the same crime again
what are miranda rights from the case Miranda vs. Arizona
-the right to remain silent and the right to have an attorney present during questioning
What was decided in the supreme court case of Gideon vs Wainright
- if someone is accused of a state crime, they have to be provided an attorney if they request one if they cant afford one
What is bail? How is bail discusses in the 8th amendment to the constitution
- a payment somebody makes if someone has been arrested to stay out of jail before your trial
what has the supreme court ruled in regards to the death penalty
-the death penalty is not cruel or unusual , but certain methods and situations could be restricted
what is prior restraint
the government stopping certain things from being published that is deemed a threat to national security
what has the supreme court ruled in regards to privacy in the case of Griswold vs. Conneticut?
-gives people the right to privacy a right that is not specifically stated in the constitution
what has the supreme court ruled regarding sexual conduct between consenting adults in the case of Lawrence vs Texas
-under the equal protection clause of the 14th amendment, they cannot make it illegal for same sex couples to have sex in the privacy of their own home
What was decided in the supreme court case of Roe vs. Wade
-women had the right to an abortion in the 1st 2 trimesters
what is a bill of attainder
-people cannot be guilty of a crime without a trial
what is an ex post facto law?
-someone cannot be arrested for something that was legal when they did it
what is a writ of habeas corpus
-if the police detain somebody, they have to let them know what charges they are being detained on
what is the 4th amendment
-right of people to be secure in their homes against unreasonable searches , and search warrant will only be issued with probable cause
what is the 5th amendment
-private property cannot be taken for public use without just compensation
what is the 8th amendment
-no excessive bail
-no cruel or unusual punishment
what is the 9th amendment
-guarantees rights not enumerated
what is the 6th amendment
-people have the right to a speedy and public trial by an impartial jury in the state where the crime was committed
what is the 10th amendment
-any rights not specifically given to the national government or denied to the states go to the states
