Unit 3&4 Flashcards
bill of rights
The first 10 amendments that list the fundamental rights and freedoms that individuals possess.
civil liberties
fundamental rights and freedoms that are protected from unreasonable governmental restrictions. They protect people from discrimination and include the fundamental right to be treated equally under the government.
civil rights
governmental protection of individuals from discrimination as members of particular groups
who wanted a bill of rights and why?
The anti-federalists wanted a bill of rights for 3 reasons:
1) the lack of bill of rights was used as a tactical weapon to defeat the constitution or push for a Second convention where anti-feds might get a more favorable outcome
2) some people didn’t want the federal government to regulate taxes and commerce and wanted to see more state rights.
3) some thought that a list of fundamental rights was necessary to protect people from the government that they feared would grow into a large powerful republic.
What did Federalist 84 say about a bill of rights?
1) a bill of rights is unnecessary because the government was designed to protect individual rights
2) making a list of rights would be dangerous because the list would always be incomplete, but those in power may deny additional rights that were not listed
Amendment 1
restricts laws to be made that deal with religion, speech, press, assembly, and protest
Amendment 2
the right to bear arms
Amendment 3
no forced quartering of troops in homes
Amendment 4
Protects against unreasonable search and measure and establishes the right to have warrants before an arrest
Amendment 5
Right to a grand jury indictment in criminal cases, protection against double jeopardy and self incrimination, the right to due process of law (to be treated equally), the right to just compensation when private property is taken for public use.
Amendment 6
Protections during criminal prosecutions for a speedy and public trial by an impartial jury, the right to confront witnesses, the right to compel favorable witnesses in one’s defense, and the right to the assistance of a defense counsel (jury)
Amendment 7
Right to a trial by jury in certain civil suits
Amendment 8
Protections against excessive bail, excessive fines, and cruel and unusual punishment
Amendment 9
Protection of rights not listed in constitution
Amendment 10
Powers not delegated by the federal government, nor prohibited by it to the states, are reserved for the states and people
due process clause
14th amendment clause that restricts state governments from denying citizens their life, liberty, and property without legal safeguards.
selective incorporation
the process through which the protections in the bill of rights are applied to the state through supreme court cases
establishment clause
1st amendment protection of individuals against the government forcing people to join or support a religion
free exercise clause
1st amendment protection of the rights of individuals to practice their religion.
lemon test
sets guidelines for what is allowed under the establishment clause Details that underlying statute must have a secular legislative purpose and not advance or inhibit a religion. It may not foster a lot of involvement between the government and a religion.
lemon v Kurtzman
Rhode Island and Pennsylvania programs supplemented the salaries of teachers and provided educational materials for nonreligious subjects in religious private schools. The court struck down both programs.
Gitlow v. New York
Benjamin Gitlow was protesting, writing, and speaking out about WW1 and its aftermath, criticizing America’s economic system. Gitlow oversaw the printing of a newspaper and in one issue, included a section called the left wing manifesto which criticized America’s involvement in WW1, capitalism, and American imperialism. They were eventually arrested for violating the New York State Criminal Anarchy Act, and were convicted. Gitlow argued that the NY law violated his rights of due process under the 14th amendment and lost.
A neutrality test that is involved in deciding on conflicts between legitimate state action and religious expression.
if a law is created within an interest that is religiously neutral, even if the law restricts religious expression of individuals, the law can be valid
Near v. Minnesota
Freedom of press, A Minnesota newspaper accused local officials of being involved with gangsters. The officials claimed that this Acton violated a public Nuisance Law that stated that anybody who is involved in publishing obscene, lewd, malicious, scandalous, or defamatory content about somebody was guilty of nuisance. This law was deemed unconstitutional, and the court ruled that only under narrow circumstances can the government prohibit a publication in advance. In situations where the speech is obscene, incites violence, or reveals military secret, can prior restraint be used.
freedom of expression
people have the right to speak, publish, and protest
what must the government balance when it comes to the freedom of expression
national security and political expression
clear and present danger test
speech that poses and immediate and serious threat` to national security is not protected by the 1st amendment
Brandenburg v. Ohio
A KKK leader had a speech at a rally in which a cross was burned, and the leader threatened that if the government continued to threaten white people, the KKK would take vengeance. The dude was convicted under Ohio law for advocating harm and unlawful methods of terrorism to accomplish industrial or political reform, but the supreme court overturned this ruling and established a test of acceptable restrictions of political speech.
What is the current criteria for restriction of speech?
the speech must be directed to incite or produce imminent lawless action, and must be likely to be successful.
Prior restraint
The government censors or suppresses the press before it is published on the grounds that it might threaten national security.
symbolic speech
protected expression in the form of images, signs, and symbols.
libel
a false written statement that hurts someone’s reputation
slander
a false spoken expression that hurts someone’s reputation. Slander(S)=Spoke(S)
NYT v. Sullivan
The supreme court made it harder to sue for libel.
what cases does libel apply to
when written statements are false, malicious, recklessly disregard the truth, and are harmful to someone’s reputation.
hate speech
speech that has the purpose of expressing hatred, especially towards minority groups
obscenity and pornography
words, images, or videos that depict sexual activity in an offensive manner and lacks artistic merit
what restrictions can there be to public free speech?
cities can require protesters to file a permit before marching. The government should be able to justify any restrictions on free speech, the regulations must be narrowly tailored and address a significant government interest. The government must allow there to be other ways for people to communicate their goals.
District of Columbia v. Heller
certain DC laws made it illegal to carry an unregistered handgun but prohibited the registration of handguns, although the police could register 1 year licences on handguns. A special police officer filed for, and was denied registration to carry a handgun in his home. The regulations were overturned on the grounds that they violated the 2nd amendment.
ex post facto laws
Article 1, laws criminalizing conduct that was legal at the time it occurred
bill of attainer
Article 1, a law passed by congress that punishes people without trial
writ of habeas corpus
Article 1, a document that detailed the reasons for an arrest of detention
procedural due process
a judicial standard that requires that fairness is applied to all people individually
Exclusionary rule
a rule that evidence obtained without a warrant cannot be used in court.
Mapp v. Ohio
While investigating a bombing, the police searched Dollree Mapp’s home without a warrant and found pornography that violated Ohio’s anti-obscenity laws. the court threw out her conviction, declaring that shit that’s obtained by searches and seizures in violation of the constitution cannot be used in court.
What circumstances does the 4th amendment not protect?
when police have reasonable suspicion of criminal activity. The use of evidence connected with a crime that was not named in the warrant, but discovered in plain sight during a legal search for a different type of evidence can be used in court.
grand jury
5th amendment: a group of citizens who decide whether or not a person should be indicted on criminal charges and tried in court based on evidence presented to them.
double jeaprody
5th amendment: people cannot be tried more than once for the same crime.
what are the exceptions to the double jeopardy rule?
Individuals can be acquitted(freed) for offences in state courts, but then tried and convicted for the same thing in federal courts under federal charges.
self incrimination
individuals cannot be compelled to give a testimony that may lead to criminal charges against them
Miranda v. Arizona
Miranda was convicted of kidnapping and rape, partly due to evidence collected when the police questioned him without an attorney present. The supreme court overturned his conviction, because people must be warned of their rights before questioning.
Miranda rights
the right to remain silent and the right to have an attorney present during questioning. These rights must be given by the police to people suspected of criminal activity.
Griswold v. Connecticut
The court overturned a law that prohibited the use of contraceptives and medical advice about contraceptive techniques, They cited the 1st amendment which has a shadow where privacy is protected from the government. The supreme court stated that the constitution protects the right of privacy. The 1st, 3rd, 4th, and 9th amendments were taken together and ruled that privacy is protected under the constitution.
New Jersey v. T.L.O.
TLO was a high school student who was searched by the police suspected of possessing cigarettes. The police found cigarettes, weed, and a list of people who owed her money. TLO tried to suppress evidence found in the search, but was denied. The supreme court ruled that while the 4th amendment protection against unreasonable searches and seizures applies to school officials, they can conduct reasonable searches in spite of the probable cause standard that normally applies
ADA
protections for Americans with disabilities against discrimination in the workplace. Improved public transportation, public services, and other aspects of public and commercial life for disabled people.
fighting words
words that by nature inflict harm on those that they are addressed to
“ you should beat up max”
not protected by 1st amendment
