Unit 3 Flashcards
Establishment Clause
found in 1st amendment; prevents congress from passing legislation forcing establishment of religion
Prevents congress preference of one religion over another
Sets up wall between church and state
Free Exercise Clause
found in 1st amendment; a person is allowed to practice the religion of their choice
- law violations can be excused for religious reasons
Clear and Present Danger Doctrine
the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.
Freedom of the Press
individuals have the right to publish opinions, thoughts, and information without censorship
Prior Restraint
judiciary/executive branch censoring because it is libel (lies/conjecture) or harmful for the good of the people.
Right to Bear Arms
from 2nd Amendment
arms are allowed to be kept by citizens
DC v. Heller
The ban on registering handguns and the requirement to keep guns in the home disassembled or nonfunctional with a trigger lock mechanism violate the Second Amendment.
DC v. Heller
The ban on registering handguns and the requirement to keep guns in the home disassembled or nonfunctional with a trigger lock mechanism violate the Second Amendment.
Selective Incorporation
process by which the Bill of Rights is applied to the states on case by case basis
- ensures states cannot enact laws that take away the constitutional rights of American citizens
- ability of fed gov to limit state-making powers
Due Process
from the 14th Amendment
No state shall “deprive any person of life, liberty, or property, without due process of law.” The Supreme Court has later accounted for “selective incorporation” of amendments into the states, meaning that neither the states nor the federal government may take individual rights protected by the Constitution.
Search & Seizure
a law enforcement agent’s examination of a person’s home, vehicle, or business to find evidence that a crime has been committed (4th Amendment = against search & seizure unless there is warrant)
Rights of a person accused of a crime
- right to legal counsel, speedy & public trial
- protection agaisnt warrantless/or unreasonable searches
- Limitations placed on bulk collection of metadata (patriot and usa freedom acts)
Exclusionary Rule
prohibits evidence illegaly obtained by law enforcement
Miranda Rights
after being arrested, law enforcement is required to let you know your rights: right to remain silent & right to an attorney…anything individual says can be used against them in court
Civil Rights Movement
A movement in the 1960s that advocated against racial segregation and racial discrimination specifically
