Flashcards in Exam 2 Deck (20):
________ favored articles over new constitution and why
Anti-federalists; because they favored a weak central gov and feared possible abuse of power if too many rights were given.
What is Majority Tyranny; and who feared it most?
Mob Rule; Federalists b/c they believed without a strong central government the states would pursue their own self interests at the expense of the nation.
Example of majority tyranny and explains why it was feared by Feds.
-A group of debt riddles Mass. farmers uprising against the court ruling to reposes their land. It failed.
-led for the calling of a stronger central gov. and the replacement of articles
come from: bill of rights (1-10) and 14th amendment
Debate: Freedom from vs. Freedom To
Key Concepts: Due process clause of 14th amend. and incorporation of fundamental freedoms
Come from: Civil war amendments (13-15) and 19th amend
Debate: equality of process vs. equality of opportunity
Key Concepts: equal protection clause of 14th amend. and
Supreme court's standard of review
Original constitution and civil liberties
-Pass ex post facto laws
-pass bills of attainder
-congress cannot expend habeas courpus (exceptions)
-impair the obligation of contract
-deny privileges and immunities of citizenship
Ex Post Facto laws
laws making some activities illegal retroactively
Bills of Attainder
legislation punishing certain individuals without a trial
What amendment deals with expression in the constitution?
1st; congress shall make no law respecting
-establish of a religion or prohibiting free exercising of one
-abridging freedom of speech or press
-right of people to peacefully assemble
Santa Fe Independent School vs. Doe (1989)
Q: Does the District's policy on permitting student-led student-initiated prayer at football games violate est. clause of the 1st amend?
A: Yes. 6-3 ruled that game prayers were public speech on authorized by gov. policy on gov property. and districts policy involved both precieved and actual endorsement of prayer at important school functions.
What amendments deals with crime in the constitution?
4th amend: against unreasonable searches and seizuers
5th amend: against double jeapordy, witness against ones self, deprived of life liberty or property without due process, and taking of private property without just compensation
6th amend: right to a speedy trial, impartial jury, made aware of nature of accusations, confront witness against, and right to attorney
7th amend: Right to trial by jury
8th amend: against cruel and unusual punishment
Nationalist Socialist Party vs. Skokie (1977)
Q: did Illinois supreme court improperly deny Nazi party the right to assemble
A: Yes; 5-4 decision supreme court ruled that Illinois courts denied the party the right to speech and assembly, a right fundamental in a democracy. As result the courts revisited the case and made it so the march could occur.
Texas vs. Johnson (1989)
Q: Is desecration of US flag by burning or otherwise a form of speech protected by the constitution?
A: Yes; 5-4 decision, Johnson's display was considered an expression and within his rights regardless if witnesses take offense.
Barron vs. Baltimore (1833)
Q: does the clause in the 5th amend inhibiting the taking of personal property without fair compensation apply and restrain state gov.?
A: No; it is for and pertaining to the federal government.
Gitlow vs. Newyork (1925)
Q1: Does amend 1 freedom of speech apply to states
Q2: is NY law punishing the advocacy of violent over throw of government in violation with freedom of speech?
A1: Yes; but justices agreed that there are repercussions to ones acts of freedom of speech, and a state with the police force may punish those who abuse power by jeopardizing general welfare with corruption.
judicial doctrine wherby the bill of rights is applicabale to the state via Due process of 14th on a case by case basis
De Jure descrimination
descrimination resulting from law
de facto descrimination
segreation as result of a public choice
Civil Rights Act of 1964
encourages equality in voting, outlawed segreation, made easier to move civil rights cases to federal level