Unit 3 - Political Participation Flashcards
What are civil liberties?
Protections from government actions that infringe on individual freedoms, often outlined in the Bill of Rights.
What is the Bill of Rights?
The first 10 amendments to the U.S. Constitution, protecting individual freedoms.
How has the Court applied the Bill of Rights?
Through selective incorporation, applying most protections to the states via the 14th Amendment.
What is the Establishment Clause?
Prohibits the government from establishing an official religion or favoring one religion over another.
What is the Free Exercise Clause?
Protects individuals’ rights to practice their religion freely, without government interference.
What was the ruling in Engel v. Vitale?
School-sponsored prayer in public schools violates the Establishment Clause.
What was the ruling in Wisconsin v. Yoder?
Compelling Amish students to attend school past 8th grade violates their free exercise of religion.
What is symbolic speech?
Nonverbal expression, such as protests or wearing armbands, protected under the First Amendment.
What are Time, Place, and Manner restrictions?
Government limits on when, where, and how expression can occur, as long as content-neutral.
What is the Clear and Present Danger Doctrine?
Speech can be restricted if it poses a clear and immediate threat (from Schenck v. U.S.).
What is prior restraint?
Government action preventing publication of materials; generally unconstitutional (NYT v. U.S.).
What was the ruling in Tinker v. Des Moines?
Students have the right to symbolic speech in schools if it doesn’t disrupt learning.
What was the ruling in Schenck v. United States?
Speech urging resistance to the draft was not protected during wartime due to clear danger.
What was the ruling in New York Times v. United States?
Government cannot prevent publication unless it causes a direct, inevitable danger to national security.
What does the Second Amendment protect?
The right to keep and bear arms.
What is selective incorporation in the context of the Second Amendment?
Applying the right to bear arms to the states through the 14th Amendment (McDonald v. Chicago).
What did McDonald v. Chicago decide?
The Second Amendment applies to states via the Due Process Clause of the 14th Amendment.
What is due process?
Legal requirement that the state must respect all legal rights owed to a person.
What are Miranda Rights?
Rights read to a suspect in custody before questioning, ensuring protection against self-incrimination.
What does the 6th Amendment guarantee?
The right to a fair trial, including a public trial, an impartial jury, and the right to counsel.
What was the ruling in Gideon v. Wainwright?
States must provide an attorney to defendants who cannot afford one in criminal cases.
What is the Exclusionary Rule?
Illegally obtained evidence cannot be used in court (from the Fourth Amendment).
What is the significance of the 9th Amendment?
It protects unenumerated rights, including the right to privacy.
What is substantive due process?
Doctrine allowing courts to protect certain fundamental rights from government interference.
