Chapter 19 Outline Flashcards
How have the courts balanced individual rights against rights of society?
The Constitution guarantees many different rights to everyone in the United States. Still, no one has the right to do anything they want.
Freedom of Religion
prohibits the government from establishing an official church; allows people to worship as they please; Court cases that address freedom of religion have dealt with the rejection of prayer in public schools, the denial of aid to parochial schools, the banning of polygamy (the practice of having more than one wife), the restriction of poisonous snakes and drugs in religious rites, and limiting the right to decline medical care for religious purposes.
Freedom of Assembly
gives people the right to gather to express their views on public matters; protects right to influence public policy and bring views to attention of public officials; must be peaceable assembly
Freedom of Petition
includes the right to gather signatures in support of a cause and to lobby legislative bodies for or against legislation
Freedom of Press
guarantees each person a right of free expression in the written word, by all means of communication; guarantees to all persons a full, wide-ranging discussion of public affairs
*The guarantees of free speech and press are intended to protect the expression of unpopular views.
Freedom of Speech
guarantees each person a right of free expression in the spoken word;
guarantees to all persons a full, wide-ranging discussion of public affairs
*The guarantees of free speech and press are intended to protect the expression of unpopular views.
Lemon Test Requirements
- the purpose of the aid must be clearly secular
- primary effect must neither enhance or inhibit religion
- must avoid an excessive entanglement of government with religion
Civil Liberty v. Civil Right
CV - protects persons, opinions, and property from arbitrary acts of government
CR - positive acts of government that seek to make constitutional guarantees a reality for all people
Due Process Clause
no person is deprived of life, liberty, or property without due process of law
Incorporation
constitutional doctrine through which selected provisions of the Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment
Selective Incorporation
doctrine written into the Constitution that protects American citizens from their state’s laws that could infringe upon their rights; ensures states cannot enact laws that take
Establishment Clause
first amendment clause that forbids the government from establishing an official religion; sets up a separation between church and state
Free Exercise Clause
first amendment clause that states that the government cannot pass laws that interfere with religious freedom
Symbolic Speech
representation of one’s beliefs or messages in the form of nonverbal communication (i.e. picketing)
Freedom of Expression
right of every individual to hold opinions without interference and to seek, receive and impart information and ideas through any media
