unit 3 b Flashcards
How did the Revolutionary war influence the Bill of Rights?
The Bill of Rights were created due to the different political philosophies of Founding Fathers. In the Revolutionary War, an epic battle between the Federalists and the Anti-Federalists took place, so the states had different opinions on different ideas. Therefore, the Bill of Rights were introduced to the constitution to appease the states and to reach a compromise.
What are the five rights guaranteed in the 1st Amendment?
The five rights guaranteed in the 1st Amendment are as followed:
Freedom of speech
Freedom of press
Freedom of religion
Freedom of assembly
Freedom to petition the government
Can you say anything you want? Why or why not?
Technically one can say whatever they want, but there will be consequences. This is due to the fact that there are other laws in place, so if what one is saying breaks those laws, they will be subject to punishment.
Who does first amendment protect you from?
Government restraint
What are the 3 types of speech?
Pure speech- Verbal/written expression of thoughts & opiniond
“Speech-plus”- Demonstration, sit-ins, marches, etc..
Symbolic speech- Typically= no speech at all. More gestures and forms of expressions.
What are the limitations to freedom of speech? (2)
Conflict:
1st amendment vs. Pre-amble
“to insure domestic tranquility”
What did the court claim in Hazelwood School District v. Kuhlmeier?
In the Hazelwood School District v. Kuhlmeier case, the high court claimed that school officials can censor school-sponsored publications if they have an educational reason that is reasonable to censor it. Material that can be censored include if they are “ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences” or if they associate the school with any political stance other than neutrality.
What is the purpose of the 2nd Amendment?
To protect the people and states from a central government with too much power. Right to bear arms is NOT absolute
What are the two definitions of militia?
One definition was state armies like today’s national guard. People who believe this definition believe that the law protects state militias rather than individual citizens.
The second definition is that it refers to a group of citizens such as individual citizens that protects themselves and neighbors.
What do you think the 2nd Amendment means?
At that time, the United States had just gotten out of the Revolutionary War fought by citizens with weapons, so I believe that the second amendment was intended towards groups of citizens. Additionally, at time of writing it was considered normal for people to own guns, so the Second Amendment likely referred to individuals rather than state militias.
What was the major finding of United States v. Verdugo-Urquidez (1990)?
In the 1990 court case, the court found that the term “the people” in the second amendment refers to “individual” citizens.
What was the major finding of Presser v. Illinois (1886)?
Militias were defined as “all citizens capable of bearing arms”
What was the major finding of United States v. Miller (1939)?
It was determined that the possession of certain types of weapons would not be protected by the second amendment as many were not related to keeping up a militia. For example, sawed-off shotguns were banned as it was easy to hide and criminals could use it.
What was the major finding of District of Columbia v. Heller (2008)?
Three parts of the District of Columbia’s gun laws were overturned.
In America, is there a correlation between strict gun laws and levels of violence? If so, explain?
Yes, there is a correlation between strict gun laws and levels of violence. This can be exemplified by how the states with the strictest gun laws which includes Massachusetts, California, and New York also rank in the lowest amount of gun violence. For example, Massachusetts is second in terms of strictest gun laws, and also last in the gun violence ranking meaning it has low levels of violence compared to the other states. On the other hands, the states with the least strict gun laws including Mississippi, Idaho, and Arkansas also rank in the highest levels of gun violence. To further illustrate, Mississippi is second to last in terms of strictest gun laws while having the highest gun violence levels. So, there is a strong correlation between gun laws and gun violence which can be shown by the data in the rankings.
How were the seven wealthy democratic nations similar?
The seven wealthy democratic nations are similar because they all had gun massacres that made stricter gun laws.
How is America different than the six wealthy democratic nations?
America is different from the other six wealthy democratic nations because the gun laws are not as strict, and it is the country with the most gun violence in the world.
What is the leading cause of death for children & young adults in the United States?
Gun violence
In 2021, guns killed how many Americans?
More than 45,000
United States of America
% of world’s population?
5%
% of world’s civilian-owned guns?
46%
Firearms rank per capita in the world?
1
How is the right to bear arms is not unlimited in us? (2)
U.S. Congress & state legislatures have authority to enact gun legislation
U.S. Supreme Court has upheld some firearms restrictions
Bans on concealed weapons & possession ofcertain types of weapons
What did the Gun Control Act of 1968 accomplish?
18 or older to buy
No criminals, mentally disabled or dishonorably discharged
What did the 1993 Brady Act accomplish?
Background checks
Most recent mass shootings & how many were killed in the united states?
Las Vegas in 2017 (sixty people)
Uvalde, Texas in 2022 (twenty-two people)
What weapons/accoutrements are legal?
Semiautomatic assault weapons, military-style .50 caliber rifles, handguns, or large-capacity magazines
Canada
Firearms rank per capita?
5th
How is Canada different than US & why?
Doesn’t have gun violence
National Govt – gun restrictions
What happened at a Montreal Engineering School in 1989?
14 students were killed – by another student
Armed semiautomatic rifle
Impacts?
Major gun reforms
28 day waiting period
Mandatory safety courses
More detailed background checks
Ban on large capacity magazines
What guns are illegal?
Full auto
What did the gun law of 1995 accomplish? (2)
License to buy guns & ammo
Register all firearms
What happened in 2020?
Deadliest mass shooting – 22 people
What was the impact?
Assault weapons style firearms – ban
Buyback
Strict storage regime
What was the inflection point & what happened australia?
What was the inflection point & what happened?
Port Arthur Massacre 1996
35 people & nearly 2 dozen wounded
Worst mass shooting
Semi-automatic rifle
What did the National Agreement on Firearms accomplish? (5)
Banned auto & semi rifles
Need license
Safety course
Registration
Buy back program
Took 650,000 weapons out of circulation
After the Melbourne shooting of 2002 – what was tightened?
Handguns
Results of gun restrictions?
Decline in gun death rates
Israel
What is compulsory?
Military service
What happens to most 18-year-olds? (4)
Drafted into the military
Psychologically screened
Weapons training
Serve 2 or 3 years
Describe their gun strict laws & provide 3 examples?
Strick
Ban on assault weapons
Register ownership
1 gun per owner
How does one obtain a gun license? (5)
Israeli citizen or permanent resident
Speak some Hebrew
Pass health screening
Minimum age
21 services
27 no service
45 permanent resident
United Kingdom
What was the Hungerford massacre (1987)?
Lone gunman armed with two semiautomatic rifles & a handgun went on a six-hour shooting spree
Killed more than a dozen people
What did the Firearms (Amendment) Act accomplish?
Banned weapons, including certain semiautomatic rifles
Increased registration requirements for other weapons
What happened in Dunblane 1996?
Country’s worst mass shooting
Man armed with 4 handguns shot & killed sixteen schoolchildren & one adult before committing suicide
Impacts?
Snowdrop Petition
Legislation banning handguns
Buybackprogram
Took tens of thousands of illegal or unwanted guns out of supply
What is the major difference between police in the UK & America?
Police in UKdo not carry firearms
What do supporters of this policy claim?
Policing of the public by consent as opposed to by force
Norway
What happened at an Oslo island summer camp in 2011?
Right-wing extremistkilled seventy-seven
How does Norway rank worldwide in gun ownership?
14th
How are Norwegian police similar to their British counterparts?
Do not carry firearms
What are the 3 requirements to own a gun?
@ least eighteen years of age
Specify a “valid reason” for gun ownership
Obtain a government license
What have critics of gun control argued after the Oslo tragedy?
Ineffective
If other Norwegians, including the police, been armed, the gunman might have been stopped earlier & killed fewer victims
What did the Norwegian parliament do in 2018?
Banned semi-automatic rifles
What is still legal?
Pistols
Japan
How many people live in Japan?
125 million
How many die from gun violence?
Fewer than 100
What 2 items reflect this?
Most guns are illegal
ownership rates are low
What is legal under Japan’sfirearm and sword law? (4-5)
Shotguns, air guns, guns with specific research or industrial purposes, or those used for competitions
What are the requirements to obtain a specialty weapons permit?
Formal instruction
Pass a battery of written, mental, & drug tests
Rigorous background check
Inform the authorities of how their weapons & ammunition are stored
Provide their firearms for annual inspection
Why do some analysts claim Japan has an aversion to firearms? (2 reasons)
Demilitarization in the aftermath of World War II
Overall crime rate in the country is so low
Most Japanese see no need for firearms
Big picture of global gun violence
What have they all experienced?
Massacres
How did they all respond?
Made gun restrictions
What was the result?
Reduced gun violence
What can America do to fix it?
Make laws
Civil Liberties
Protects individuals from government actions
Why is bill of rights needed?
Different political philosophies of Founding Fathers
Epic battle between Federalists & Anti-Federalists
Why was it added to the original Constitution?
Appease states
What does it do?
Lists the rights of individuals & states
(Originally) to protect them from the federal government
Now = all forms of Govt
1st Amendment
Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech,
or of the press;
or the right of the people peaceably to assemble,
and to petition the government for a redress of grievances.
In the U.S., is it legal to burn the flag as a means of political protest?
Yes!
Only 25% of Americans answered correctly
What type of speech is this?
Symbolic Speech
Preamble
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
1st Amendment protects against
Government restraint
Freedom of speech- Does not protect against
Private actors
Can Archmere censor a student newspaper?
YES
Why?
Archmere = Private
Members of a neo-Nazi organization dressed in WWII German military uniforms conduct a parade in a Jewish neighborhood
Who & What action?
Neo-Nazis → parade
Affect?
Jewish neighborhood
What First Amendment right(s) is/are being exercised?
Speech (Speech-plus = parade & Symbolic = uniforms)
Assembly
How would you determine whether the feelings of the people being offended outweigh the rights of those exercising their right to free speech or press?
Violence or denying access to goods & services
In exercising these first amendment rights, what cannot you do?
Violate other citizens’ rights
established in the Constitution
Who solves these conflicts?
Courts
US Supreme Court
Origins of second amendment
English law required…
Male landowners to have weapons & serve in militia
Limits? (2)
Couldn’t carry arms in public (1328)
Only upper class could own guns
English Bill of Rights (1689)
How were gun rights protected?
Protestants could own guns
How were gun rights limited?
Catholics (minority) couldn’t own guns
Colonists & Guns
During the Revolution, many people owned guns
Who did NOT? (4)
Slaves
Couldn’t own & use only in special circumstances
Women
Free African-Americans
Catholics
Early America
States did not want a federal standing army
Afraid of federal tyranny
What is the purpose of the 2nd Amendment?
Protect states & individuals from central government
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Using the language above – why was it “unreasonable”?
No Warrant
Using the language above – why was it “reasonable”? (2)
Probable cause – severing
Permission for the search
Advice?
Be…
Polite
Respectful
Yes Officer, No Officer
Stay calm
Move slowly
5 Pieces of Advice?
Pull over immediately
Turn off car
Place hands on the wheel
At night – turn on interior light
Don’t consent to search
Don’t get tricked
Determine if you are free to go
Advice related to Amendments
Don’t consent to search
4th Amendment = unreasonable searches & seizures
Don’t get tricked
Refusal to search is not evidence of guilt
5th Amendment = testify against yourself
What if I Refuse, But Police Search Me Anyway?
Why refuse?
Don’t know what’s there
Damage
You refuse, but Police search anyway?
Lawyer can challenge – court
Evidence not admissible
What civil liberty is protected in 4th amendment?
Right to have protection against unreasonable searches and seizures
Who does it protect the individual from 4th amendment?
The individual is protected from the government
How can a search legally take place?
A search can legally take place if an individual consents to the search or if there is a reasonable cause to search the car such as one that is crime and violence related.
What does government have to balance in 8th amendment?
Protecting public safety and the rule of law with individual rights of those convicted of crimes.
What is the purpose of bail?
The purpose of a bail is to get people to show up to court.
What constitutes a fair bail?
A bail is fair when it is proportionate to the seriousness of the crime committed and the level of urgency for the person to show up to court.
What is the purpose of a fine?
The purpose of a fine is to deter an individual from committing future offenses as a sum of their money is taken away.
What constitutes a fair fine?
A fine can be considered fair when it is proportionate to the seriousness of the crime committed.
What makes a punishment cruel and unusual?
A punishment is considered cruel and unusual if it involves the characteristics of being excessively harsh, degrading, and disproportionate to the crime.
What standard is used to determine if a punishment is cruel and unusual?
The standard that is used to determine if a punishment is cruel and unusual is society’s evolving standards of decency. The standard analyzes the level of suffering and humiliation inflicted on the individual in order to determine whether the punishment is cruel and unusual.
What was the major impact of Gideon v. Wainwright (1963)?
The major impact of Gideon v. Wainwright is that it was affirmed that the 6th amendment’s guarantee of counsel was a fundamental right. Additionally, the holding was that indigent defendants must have representation without charge.
What was the result of Mapp v. Ohio (1961)?
The major result of Mapp v. Ohio was that illegally obtained evidence (such as through an illegal search and seizure) cannot be used in a criminal trial.
What was the major impact of Miranda v. Arizona (1966)?
Miranda v. Arizona’s major impact was that the Miranda rights or warning was enacted, and police officers had to inform the accused of their 5th and 6th Amendment rights.
What was the holding of New Jersey v. T.L.O. (1985)?
The holding of New Jersey v. TLO was that school officials can search students based on reasonable suspicion rather than probable cause or a warrant. Additionally, students have a reduced expectation of privacy in school.
What was the holding of Terry v. Ohio (1968)?
Police officers can pat down a person (stop and frisks) if they have a good reason, and it was decided that this was fair to protect officers and others.
