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Flashcards in Chapter 4 Notes Deck (74):
1

Believed in the states rights to govern

Hobbes

2

Believed in the protection of individual liberties

Locke

3

Constitution specifically prohibits what two things?

1. bill of attainer
2. ex post facto laws

4

Legislation. Form of government where legislative body can legislate what is criminal and determine penalty.

Bills of attainer

5

After the action has happened, legislation can come back and ban it.

Ex pos facto laws

6

Freedom of Expression

1st amendment

7

Rights of the accused

4-8 amendments

8

Arms and troops

2-3 amendments

9

Rights of states and "people"

9-10 amendments

10

"one happy family?" 1st 10 amendments do not apply to the states, the states don't have to uphold them.

Barron v. Baltimore

11

14th amendment uses this and applies it to the Bill of Rights on a CASE BY CASE basis to set ONE NATIONAL STANDARD

SELECTIVE INCORPORATION

12

This lead to the clarification that the 1st 10 amendments are fundamental to all citizens, no government can infringe upon them.

Due-process clause

13

Prior restraint disallowed under extreme burden of proof on government. Pentagon Papers.

New York Times Co. v. United States

14

In this case the Court ruled that the second amendment protects an individual right to possess a firearm

District of Columbia v. Heller

15

In this case the Court further extended the 2008 decision to apply to all state and local governments

McDonald v. Chicago

16

In the suspicion phase, what rights are protected by the amendments?

4th amendment, Right to no unreasonable search and seizure

17

In the arrest phase what rights are protected by bill of rights?

5th amendment, protection against self-incrimination

18

Case: No legal interrogation until suspect has been warned his/her words could be used as evidence

Miranda v. Arizona

19

In the trial phase what rights are protected by the amendments?

5th amendment: suspect cannot be tried for federal crime unless indicted by grand jury, states not required to use grand juries
6th amendment: right to legal counsel before and during trail

20

In the sentencing phase what rights are protected by the bill of rights?

8th amendment: prevention of cruel and unusual punishment

21

This prevents states from abridging individual rights.

The 14th amendment due-process clause

22

SCOTUS engages in this by invoking the 14th amendment to apply to the Bill of Rights to the states

Selective incorporation

23

The "Scottsboro Boys" case. The defendants didn't have the time to secure a counsel. States can't restrict a defendant's right to counsel.

Powell v. Alabama

24

Says that prior restraint cannot be used by the states; can't restrict expression even before you make that restriction (in terms of publishing something)

Near v. Minnesota

25

What are the main components of the 1st amendment?

Speech, press, assembly, religion

26

What was the deal with the Sedition Act? (SCOTUS ruling)

SCOTUS never ruled on it. This was before judicial review. Congress just started ignoring it.

27

The Espionage Act lead to what court case?

Schenck v. United States

28

What was the result of Schenck v. United States, and what is the ultimate thing that was established because of it?

SCOTUS said that no, his actions were NOT protected by the 1st amendment, because they presented a danger.

Clear-and-present-danger test

29

What was the status of freedom of expression during the early cold war?

Freedom of speech abridged in interest of national security. There is a clear difference between peace time and war time; the gov't can restrict more in interests of national security. SCOTUS ruled the government could see who was holding communist ideals

30

What happened after the 1950s in regards to freedom of expression and what continues today?

Now freedom of expression cannot be infringed upon by gov't unless it fails the

Clear and present danger test

31

Is symbolic speech protected? To what extent?

Yes, it is protected. But not as much as verbal speech.

32

What are the terms that come with freedom of assembly?

Some restrictions are allowed, based on national security or disruption of daily life. Government can place time, place, and manner restrictions

33

In the balancing act between the interests of states and the individual, who does the US gov't lean to?

The individual

34

What was the verdict on New York Times v. United States?

Prior restraint is not allowed under the extreme burden of proof on the government.

35

Publishing material that falsely damages a person's reputation?

Libel

36

Spoken words that falsely damage a person's reputation

Slander

37

Libel against public officials requires? Why is that so?

Proof of malicious intent
- It's harder to purse libel suit by public officials because they are public figures and their lives and info are made more public so voters can learn more about them and make informed policy decisions/stances

38

What are the 2 clauses of the freedom of religion?

1. Establishment clause
2. Free-exercise clause

39

- Government may not favor one religion over another
- Government may not favor religion over no religion

Establishment clause

40

"Wall of separation" VS. "Excessive entanglement"
- Which one wins out?
- Why does the other win out?

"Excessive entanglement" wins out
- The other doesn't because the wall of separation doesn't really exist in public institutions because religious organizations exist everywhere. The excessive entanglement is not an absolute wall.

41

The establishment clause often involves what test?

Lemon Test

42

1. The policy must have a nonreligious purpose
2. The policy's primary effect must be one that neither advances nor inhibits religion
3. The policy must not foster "an excessive entanglement of gov't with religion"

Lemon test

43

- Gov't prohibited from interfering with the practice of religion
- Gov't interference allowed when exercise of religious belief conflicts with otherwise valid law
- Gov't may not prohibit free exercise of religion

Free- exercise clause

44

Widely accepted view that the 2nd amendment blocked the federal gov't from doing what?

The federal gov't from abolishing state militias

45

The Court ruled that "the 2nd amendment protects and individual's right to possess a firearm"

District of Columbia v. Heller

46

The Court further extended the 2008 decision to apply to all state and local governments DC v. Heller

McDonald v. Chicago

47

What is included in the 4th amendment?

- Search and seizure
- Protection from arrest without probable cause

48

What is in the 5th amendment?

- Self incrimination
- Double jeopardy
- Due process

49

Whats in the 6th amendment?

- Right to secure counsel
- Fair and speedy trail

50

Whats in the 8th amendment?

- No excessive bail
- No cruel and unusual punishment

51

Procedures that authorities must follow before a person can lawfully be punished for an offense

Procedural due process

52

What rights are protected in the suspicion phase?

4th amendment

53

What rights are protected in the arrest phase?

- 5th amendment (self-incrimination)
- Miranda warning

54

What's protected in the trial phase?

- 5th amendment: suspect cannot be tried for federal crime unless indicted by a grand jury, states not required to use grand juries
- 6th amendment: right to legal counsel before and during trial, right to a speedy trail

55

- No admission of illegally obtained evidence
- Exceptions: inevitable discovery, good faith

Exclusionary rule

56

What is protected in the sentencing phase?

- 8th amendment: no cruel or unusual punishment

57

SCOTUS generally allows states to decide punishments, but it has limited aspects in what 2 things?

- death penalty
- punishment of minors

58

How many chances do you usually get in an appeal?

ONE

59

SCOTUS rulings have affected police practices, as evident in?

Miranda

60

Tough sentencing policies are popular, but whats the issue?

Prison overcrowding

61

Court has said that this is implicit in the Bill of Rights

Right of privacy

62

"Without due process of law" refers to what?

14th amendment

63

Will you find the right to privacy in the bill of rights?

NO

64

Whats the problem with suicide?

State has an interest in your well being, its a crime against the state

65

What was the ruling of Roe v. Wade?

Right to choose abortion encompassed by Right to Privacy/Due Process

66

What was the result of Planned Parenthood v. Casey?

Reaffirmed basic right to privacy but states do have regulatory authority if they don't constitute an undue burden

67

What dud Griswold v. Connecticut rule?

Americans have a "zone of privacy" that cannot be lawfully denied

68

Abortion was protected as what? through what?

A right of privacy through Roe v. Wade

69

Anti-sodomy laws in states were struct down by SCOTUS that overturned what ruling?

Bowers v. Hardwick

70

Hamdi v. Rumsfeld and Hamdan v. Rumsfled dealt with what issue?

Detention of enemy combatants

71

- Surveillance of suspected terrorists
- Warrant less wiretapping
- Leaked NSA communication surveillance

Patriot Act

72

Americans embrace freedom of expression as what?

An abstract virtue

73

Americans favor what in particular instances?

Limits of freedom of expression

74

What is the primary protector of individuals' rights?

Judicial system