Quiz 2 Flashcards
Civil rights/liberties
Basic political rights that government may not infringe
1st amend
free expression (speech/symbolic speech), free press, freedom of/from religion, assembly (protest)/association (marriage/who you associate yourself with), petition
2nd amend
state militias (due to fear of slave rebellions/attacks from indian tribes), private means of protection
3rd amend
freedom from government surveillance
4rth amend
warrants/due process, protections for personal property (stuff/belongings)
5th amend
freedom from self-incrimination, private property rights (capital assets: land, farm, businesses, etc) /eminent domains
6th and 7th amend:
speedy trails; jury trial
8th amend:
prohibitions against excessive bails, cruel and unusual punishment
9th and 10th amend:
rights retained by the people; powers reserved to the states (or their people)
Who did the bill of rights apply to?
Not everyone, mostly people who had problems with the government
Selective Incorporation
using 14th Amend to apply Bill of Rights to the states (what this does is that it allows everyone the same rights in all states)
What did Gitlow v. NY (1925)deal with?
Speech rights
What did Mapp v. Ohio deal with?
Search and seizure (4th amend)
What came out of Mapp v. Ohio
Exclusionary Rule - prevents the government from using most evidence gathered in violation of the United States Constitution
What does Gideo v? Wainwright deal with?
Right to counsel
- gideon a white male was accused of murder, did not have an attorney and represented himself, he was sentenced to life in prison
- he later realized he was entitled to representation and got his conviction overturned
What did Miranda v. Arizona deal with?
Reading ppl their rights
- Miranda a special needs person was accused of assaulting a woman
-Did not know his rights, did not have an attorney and confessed to a crime he did not commit
What did Near v. MINESOTA deal with?
Government censorship
What did Griswold v. CT deal with?
Right to privacy
- it applied parts of 1st, 3rd, 4th, 5th, and 9th amend
- involves birth control
- family owned business was arrested for selling birth control to married couples
- ESTABLISHED tht gov has no business in what families did in own home
What did Roe v. Wade do?
Gave women right to abortion based on right to privacy
Dobbs v. Jackson Womens Health Organization
Overturned Roe v wade
USA Patriot Act
- it potentially violates citizens freedom from unreasonable searches
- Warrantless surveillance without court approval
violates due process
and seizures - It does not require the government to have “probable cause” for surveillance
- Makes even unknowing association with suspected terrorists a deportable offense ( freedom of association violation )s
