quiz 2.2 Flashcards
FAQSPRTERS
Freedom
Arms
Quartering
Search & Seizure
Protection of the accused
Rights of the accused
Trial by jury
Excessive punishment
Rights unnumerated
State rights
parts of the 1st amendment (5)
- religion
- speech
- press
- petition
- assembly
what is petition
right to communicate w/ gov
EXCEPTIONS: death threats or threatening harm
what’s is assembly
right to free association
what is the 2nd amendment
right to keep/own guns/arms AND a well-regulated militia
what is the 3rd amendment
gov cannot force you to house troops
what is the 4th amendment
protects you from police searches of your person/property
what do the police need in order to search you? (2)
- search warrant
- probable cause (reason to believe a crime was committed or you are danger to the public)
what happened in yoder v wisconsin?
the Amish community wanted to stop sending their kids to school after 8th grade since it went against their beliefs
ruling of yoder v wisconsin
- 7-0 for yoder
- two guidelines are established for states to follow regarding religious freedom
1) individuals cannot be forced to attend school if it violates 1st amendment rights
2) beliefs must be strong enough and clearly stated
impact of yoder v wisconsin
- religious exemptions can be made for schooling
- this opened the door to home schooling as well as varied religious education in the US
what happened mcdonald v chicago
a previous court ruling in Heller v. DC changed the courts interpretation of the 2nd amendment. So, does the 2nd amendment apply to states because of selective incorporation
due process clause of the 14th amendment
states owe citizens due process
what are the types of due process (2)
1) procedural due process: laws must be fairly enforced
2) substantive due process: law is broadly applicable
what is selective incorporation
it applies the bill of rights to the states via the 14th amendment due process clause
ruling of mcdonald v chicago
- 5-4 ruling for mcdonald
- due process clause of the 14th amendment applies to the states
- the right to self defense and the ability to own firearms are fundamental rights
impact of mcdonald v chicago
the 2nd amendment applies to the states which, combined with the decision in Heller v. DC, greatly expands the ability for citizens to own and keep firearms
what happened in engle v vitale
state lawmakers in NY made a prayer to be said before the start of every school day, but some parents though it was a violation of 1st amendment right
ruling of engle v vitale
- 6-1 ruling for Engle
- prayer does violate establishment clause
- separation of church and state is important
- prayer is inherently religious
impact of engle v vitale
can’t pray in public schools
what is the 5th amendment
protection of the accused
parts of the 5th amendment (5)
1) right to Grand Jury
2) right to due process
3) Protection against self incrimination (right to remain silent)
4) Double Jeopardy (can’t be tried for the same specific trial twice)
5) Eminent Domain
what is a Grand Jury
decides if you can be charged
what is a Petit Jury
jury the declares whether accused is guilty
what is eminent domain
government can take ur property for the greater good
(ex. gov can but ur house to build a new highway)
can be argued against in court
what is the 6th amendment
rights to the accused
what are the rights of the 6th amendment (5)
1) speedy trial
2) trial by jury (jury must be reflective of population, and specifically is for criminal cases)
3) call witnesses (includes subpoena)
4) right to the accused
5) right to an attorney
what is a criminal case and what is a civil case?
criminal: gov charging citizen of crime
civil: citizen vs citizen
what is a subpoena
requirement of a witness to testify at a trial
(5th amendment right can be evoked for subpoena)
what is the 7th amendment
trial by jury in civil cases
what is the 8th amendment
excessive punishment
what 3 things apply to the 8th amendment
- bail
- fines (money paid as punishment)
- “Cruel & Unusual” Punishment (solitary confinement or death penalty)
what is the 9th amendment
rights enumerated which protects all rights not listed
what happened in shenck v US
charles shenck passed out flyers urging people to not enlist in the draft, and was arrested under the Espionage Act of 1917 because he was attempting insubordination in the military
ruling of shenck v US
- 8-0 for the US
- Shenck poses as a legitimate threat to national security. When speech endangers the nation, US can censor speech
what is the impact of Shenck v US
- creates “clear and present danger” test that is now used in 1st amendment cases
- gives gov greater ability to infringe on rights during wartime
what happened in Gideon v wainwright
gideon was charged with burglary and was too poor for an attorney and asked for a public defender. court denied it because they were only used for capital cases, so gideon was found guilty and imprisoned
ruling of gideon v wainwright
- ruling for gideon
- the right to an attorney does apply to states
- 14th amendment makes right to attorney an obligatory right
- right applies to all cases
impact of gideon v wainwright
6th amendment “right to attorney” applies to the states according the the 14th amendment
what happened in tinker v des moines
students at public high school protests vietnam war , school creates policy against it and students were suspended
ruling of tinker v des moines
- in favor of tinker
- students do not give up 1st amendment rights when in school
- arm bands dont disrupt others education
impact of tinker v des moines
- students have freedom of speech in public school
- establishes the “substantial disruption”” test (Tinker test)
- school can only infringe on students speech it it results in passing of tinker test
what happened in nyt v us
whistleblower shares info abt past war crimes commit by us to nyt through pentagon papers, pres nixon doesnt allow for the info to be posted in order to protect nat’l security
what are the pentagon papers
-classified study on us activities in the vietnam war
- revealed motivations behind vietnam
- suggested us had engaged in war crimes and mislead people
- leaked to nyt by Daniel Ellsburg
ruling of nyt v us
-in favor of nyt
- courts decision proved that there was high level proof needed by the gov to prove endangerment of nat’l security, and gov did not meet the level of proof
impact of nyt v us
- gov censorship becomes limited
- wording of 1st amendment ruled to mean press should have the baility to repot the news without any restraint
what are the two clauses that come from religion in the 1st amendment
1) free exercise (freedom to exercise any religion you choose)
2) establishment (congress can’t establish a religion)
what are the exceptions of speech in the 1st amendment (2)
1) liable
2) slander
what is liable speech?
written form of harmful and false speech
what is slander speech
spoken harmful and false speech
what is the exception to the right to assembly in the 1st amendment?
time-manner-place restrictions
what are time-manner-place restrictions
gov made restrictions on time, manner, and place of a protest takes place, usually only when it disrupts others
