unit 3 Flashcards
why wasn’t a bill of rights not included in the constitution?
Hamilton argued that it was unnecessary and the would be dangerous to individual liberty, not supportive of it.
Who wanted a Bill of Rights added to the Constitution?
Anti-federalist
- Thomas Jefferson
- James Madison
Describe the purpose of the Bill of Rights.
A list of fundamental rights and freedoms that individuals possess.
Identify who the Bill of Rights originally protected people from.
Protected them from the new centralized federal government (from tyranny).
Identify the protections guaranteed in the Bill of Rights.
civil rights and liberties to the individual (freedom of speech, press, petition, etc.)
Define the Establishment Clause.
Government cannot establish a religion
(freedom from establishment of religion)
Define the Free Exercise Clause.
The government cannot restrict your rights to practice a specific religion
Does the Free Exercise Clause or the Establishment Clause protect majoritarian religions? Explain
Yes, since the establishment clause protects the United state people from a majoritarian religion since people are able to freely practice religion (free exercise clause).
Facts about Engel v. Vitale (1962).
New York State Board of Regents authorized a short voluntary prayer that the students recited at the start of the day.
group of organizations challenged this saying that it violated the establishment clause.
constitutional clause of Engel v. Vitale.
establishment clause
precedent for Engel v. Vitale
The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion.
facts about Wisconsin v. Yoder (1972)
amish parents pulled their child out of public school after they finished 8th grade. State disagreed and said children have to be part of public school until they are 16 years of age.
constitutional clause of Wisconsin v. Yoder (1972).
Free exercise clause
Precedent for constitutional clause of Wisconsin v. Yoder (1972).
The Court held that individual’s interests in the free exercise of religion under the First Amendment outweighed the State’s interests in compelling school attendance beyond the eighth grade.
Describe a limitation on the freedom of religion.
the government can restrict religious practices that demonstrably harm others or violate public safety, even if those practices are part of a sincerely held religious belief
How does SCOTUS’ interpretation of the First Amendment and Second Amendment reflect a commitment to individual liberty?
The First and Second Amendments are designed to protect individual rights and freedoms. The application of the Bill of Rights is continuously interpreted by the courts.
What type of speech is not protected?
Lewd
Obscene
Profane
Libelous
Fighting words
Define symbolic speech.
nonverbal actions that express ideas or opinions.
protected under the First Amendment
ex. gestures, clothing, protests, and other forms of expression that convey a message without spoken or written words.
Facts about Tinker v. Des Moines School District (1969).
to show support of the vietnam war truce, students wore black wristband to school and fast on that day.
constitutional provision of the Tinker v. Des Moines School District (1969).
freedom of speech clause
precedent set by Tinker v. Des Moines School District (1969).
Public school students have the right to wear black armbands in school to protest the Vietnam War
Describe what limits have been put on speech to maintain public order (exceptions to freedom of speech).
Libel: writing something false or harmful
Slander: saying something false or harmful
obscenity
facts about Schenck v. United States (1919).
schenck spread leaflets declaring that the draft in violation of the 13 amendment (prohibition of involuntary servitude)
urged people to disobey the draft
constitutional provision of Schenck v. United States (1919).
freedom of speech clause
precedent of Schenck v. United States (1919).
Espionage Act did not violate the First Amendment and was an appropriate exercise of Congress’ wartime authority.
Describe how the Supreme Court has bolstered freedom of the press.
Supreme court choses which press will cover the court case to get favorable spread of words to the people.
Define prior restraint.
when the government censors or suppresses material before it is published
Describe the exceptions to prior restraint.
obscenity and national security.
Facts about New York Times v. United States (1971)
“Pentagon papers case”
Nixon administration attempted to prevent the NYT from publishing classified material.
constitutional provision of Times v. United States (1971)
freedom of press
precedent of New York Times v. United States (1971).
NYT won
created Strong Protection Against Prior Restraint
Describe how the Supreme Court’s rulings have been in favor of individual liberty, with regard to the 2nd Amendment.
Congress interprets it as it protects an individual’s right to own and carry firearms for self defense
Recognize the right of individuals, not just militias, to own guns.
facts about Mcdonald v. Chicago
lawsuit filed because the change their gun bans
constitutional provision about Mcdonald v. Chicago
right to bear arms.
due process clause
precedent set in Mcdonald v. Chicago
supreme court held that the 14th amendment makes the 2nd amendment rights to keep and bear arms for the purpose of self defense.
McDonald v. Chicago (2010) incorporated the 2nd Amendment. What does that mean?
this case guarantees the right to bear arms.
What protections are in the 4th Amendment that help maintain individual freedom?
freedom from unreasonable searches and seizures need a warent
Define the exclusionary rule.
a rule that evidence obtained without a warrant is inadmissible in court.
Can the government search your cell phone data without a warrant?
yes they can since it is not explicitly said in the bill of rights.
Describe exceptions to the 4th Amendment.
- consent
- plain view doctrine
- search incident to a lawful arrest
- emergency situation
- probable cause in vehicles
Define selective incorporation.
the process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis.
Describe which part of the Constitution provides for selective incorporation
14th amendment: equal Protection Clause
Identify the required SCOTUS cases that involve incorporation of a specific right.
Engle v. Vitale, and Gideon v. Wainwright involves the incorporation of a specific right.
Define the Due Process Clause of the 14th Amendment
the clause in the Fourteenth Amendment that restricts state governments from denying their citizens their life, liberty, or property without legal safeguards.
Describe how states are limited by the Due Process Clause of the 14th Amendment.
Prohibits states from violating the rights of conscience, freedom of the press, and trial by jury in criminal cases.
what is the 14th amendment?
grants citizenship
Equal protection
Due process
Describe the protections for the accused in the Fifth Amendment.
Grand Jury indictment
double Jeopardy
Protection from self-incrimination
due process of law
if someone takes someone else’s stuff and uses as public property the person is subjected to compensation
Describe the protections for the accused in the Sixth Amendment.
right to speedy and public trial
impartial jury
right to confront a witness
right to tell why witness should stand in their favor
right to legal counsel.
Define the Miranda warnings.
Miranda warnings are the constitutional requirement that once an individual is detained by the police, there are certain warnings a police officer is required to give to a detainee.
Describe the exception to the Miranda warnings.
An exception is that the suspect is being asked questions that are standard booking procedures.
facts about Gideon v. Wainwright (1963).
Gideon was not given a lawyer and wrote a pettition to the supreme court
constitutional provision of Gideon v. Wainwright (1963)
Right to Counsel Clause
precedent set by Gideon v. Wainwright (1963).
the Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.
Describe where the constitutional right to privacy comes from.
4th amendment
facts about Roe v. Wade (1973).
challenging a Texas law making abortion illegal except by a doctor’s orders to save a woman’s life.
constitutional provision of Roe v. Wade (1973).
due process clause
precedent of Roe v. Wade (1973).
struck down state laws banning abortion.
Define civil rights.
The rights of citizens to political and social freedom and equality.
Define the Equal Protection Clause.
Forbids any state to deny equal protection of the laws to any individual within its jurisdiction.
Identify the constitutional amendment that includes the Equal Protection Clause.
14th amendment
Describe how social movements are used to achieve change in government policy.
Social movement provides social change. The government starts to listen and open up
Describe what Martin Luther King Jr. argued for in Letter From a Birmingham Jail. List at least 5 big takeaways
race, injustice, civil disobedience, universal humanity, and individual action.
Describe what role the National Organization of Women (NOW) had in the Women’s Rights Movement.
NOW promoted feminist ideals, lead societal change, eliminate discrimination, etc. in the Women’s Rights Movement.
Describe the ways the government has responded to social movements.
the federal government took action to address discrimination on the basis of race and sex.
Civil Rights Acts of 1964
This act made racial, religious, and sex discrimination by employers illegal
Voting rights of 1965
prohibits racial discrimination in voting
Title IX of the Education Act 1972
Prohibited sex discrimination in educational institutions receiving federal funds from the United States government.
Facts about Brown v. Board of Education of Topeka Kansas (1954).
relating to the segregation of public schools on the basis of race. In each of the cases, African American students had been denied admittance to certain public schools based on laws allowing public education to be segregated by race.
Constitutional provision of Brown v. Board of Education of Topeka Kansas (1954).
Equal Protection Clause
Precedent set by Brown v. Board of Education of Topeka Kansas (1954).
Separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the Fourteenth Amendment.
Describe a time in American history that the government has restricted minority rights.
Reconstruction era and post reconstruction era
Define affirmative action.
The requirement that an organization take positive steps to increase the number or proportion of women, African Americans, or other minorities in its membership.
Describe which part of the Constitution most directly correlates with affirmative action.
Equal Protection Clause of the 14th Amendment.
Describe what SCOTUS has said about affirmative action.
The Supreme Court ruled unconstitutional in most cases with affirmative action. It is likely to give rise to controversy in American politics.
