Unit 7: Civil Liberties Flashcards
What was originally opposed by the Federalists as unnecessary?
The Bill of Rights
After eventually becoming accepted by both sides, who became The Bill of Right’s (TBoR’s) author and prime mover in the First Congress?
James Madison
How many amendments were proposed by Congress in 1789?
12
How many amendments were ratified in 1971?
10
Originally, most of The Bill of Rights applied only to what?
The Federal government (“Congress shall make no law…”)
Starting in 1925, the Supreme Court develops what that slowly and gradually begins applying parts of The Bill of Rights to the states?
The Incorporation Doctrine
The Doctrine is based on what amendment?
The Fourteenth Amendment’s Due Process Clause
(“No state shall…deprive any person [of liberty] without due process of law.”)
What was the First Incorporation Doctrine case?
Gitlow v. New York (1925)—states can’t violate free speech rights.
Selective incorporation
Supreme Court applied part of The Bill of Rights to states.
What establishes “a wall of separation between church and state.” (Jefferson)?
The Establishment Clause of the First Amendment: Freedom of Religion
The Establishment Clause was originally intended to keep the Federal government out of what questions?
Religious questions, but under the Incorporation Doctrine, just the opposite has occurred.
Lemon v. Kurtzman’s Lemon Test
Religion laws must
1) serve legitimate secular purpose,
2) doesn’t primarily help or harm religion,
3) no “excessive government entanglement” with religion.
Most court cases involving the Establishment Clause concern what?
Religion in public schools
Engel v. Vitale (1962)
Verdict rules school prayer is unconstitutional.
Although the Supreme Court is strict on religious expression in schools, the Supreme Court supports what?
Government aiding religious organizations with money and access to facilities.
The Free Exercise Clause
Protects the “free exercise” (or practice) of religion.
Who benefits from the Free Exercise Clause?
“Traditional” American religions enjoy great protection; others, less so (Ex.- Oregon v. Smith: Amer. Indians can’t do drugs then draw unemployment)
Does the Supreme Court permit people to break the law for religious reasons?
No. (Ex.-Reynolds v. U.S.: no religious right to polygamy).
Direct Incitement Test
In Brandenburg v. Ohio (1969), the Court says government can only punish speech designed to produce lawless action, and is also likely to succeed in doing so.
Libel & Slander
False statements that call someone’s good reputation into question.
Libel
Written defamation
Slander
Spoken defamation
Is libel and slander a crime?
Not crimes, but they are grounds for civil action (i.e., lawsuits).
N.Y. Times v. Sullivan (1964)
The Supreme Court sets a higher standard of proof to win a libel/slander case if the plaintiff is a public official or voluntarily seeks publicity (like celebrities).
