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Government > Unit 2 - Individual Rights > Flashcards

Unit 2 - Individual Rights Flashcards

1
Q

First amendment

A 
Freedom of....
Religion
Speech
Press
Assembly
Petition of grievances
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2
Q

Second amendment

A

-Right to bear arms

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3
Q

Third amendment

A

– No quartering troops during peacetime

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4
Q

Fourth amendment

A

– No unreasonable searches and seizures unless there’s probable cause

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5
Q

Fifth Amendment

A

– No self-incrimination (Accused persons may refuse to answer questions on the ground that the answers might incriminate them)
– Grand jury (Must charge person of committing a crime)
– imminent domain (If government says you have to move, you have to move)
-Due process of law (No deprivation of life liberty and property without this)
– Double jeopardy (a person may not be tried for the same crime more than once)

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6
Q

Sixth amendment

A 
– Speedy and public trial
– Confront accusers
– Call witnesses on your behalf
– Right to an attorney
– Right to be informed of charges against you
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7
Q

Seventh amendment

A

Right to trial by jury in civil cases over $20 (suing)

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8
Q

Eighth amendment

A

– Excessive bail shall not be required
– Excessive fines won’t be imposed
– No cruel or unusual punishments

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9
Q

Ninth amendment

A

Peoples rights are not limited to those mentioned in the Constitution
Ex: Rights to privacy

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10
Q

10th amendment

A

Protect states and the people from an all-powerful government
– Powers not listed in the constitution belong to the states

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11
Q

5 parts of the First Amendment

A

1) free speech
2) freedom of religion
3) freedom of the press
4) freedom of assembly
5) right to petition for grievances

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12
Q

types of speech

A

pure speech, speech plus, symbollic speech

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13
Q

pure speech definition

A

verbal expression of thought and opinion before an audence that has chosen to listen

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14
Q

speech plus definition

A

action such as marching, demonstrating, or picketing as well as words

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15
Q

symbollic speechdefinition

A

using actions and symbols in the place of words to express opinion

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16
Q

pure speech doesn’t apply…

A

1) clear and present danger
2) libel
3) slander

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17
Q

Libel

A

written or published statements intended to damage a person’s reputation

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18
Q

slander

A

false speech intended to damage a person’s reputation

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19
Q

SC case questioning symbollic speech

A

Texas v. Johnson (1994) & US v. Eichman

20
Q

Texas v. Johnson

A

(1994)

  • Texas law prevents destruction of flags
  • Johnson says burning the flag is a form of protest
  • Texas claims no intent to limit speech
  • SC rules 5-4 & Johnson wins
  • Burning the flag is legal
  • In retaliation, Congress passes a law banning burning flags (Flag Protection Act)
21
Q

Flag Protection Act

A

Congress passed in response to the Texas v. Johnson ruling

22
Q

US v. Eichman

A
  • Eichman burns a flag on the day the FLA was passed
  • SC maintains the same ruling at 5-4 and Eichman wins
  • Reaffirms Texas v. Johnson; burning the flag is legal
23
Q

Exclusionary Rule

A

(4th Amendment) states any evidence illegally attained by the police cannot be used against the defendant

24
Q

Exclusionary Rule originated from what case?

A

Weekes v. US

25
Q

Benefits of the Exclusionary Rule

A
  • Deters police from inappropriate activity
  • Ensures privacy for private citizens
  • Maintains legitimacy of the law
26
Q

Exception to the Exclusionary Rule

A

1) Good Faith Exclusion
2) Plain sight
3) Inevitable Discovery

27
Q

Good Faith Exclusion

A

if police execute a warrant thinking it to be good but it is not, the evidence is still emissable. (covers clarical errors) ex: the address # on the warrant is wrong

28
Q

Plain sight

A

if evidence is visibly in sight, it is usable to the police

29
Q

Inevitable discovery

A

if we are going to learn about the evidence anyways, its usable

30
Q

Fourteenth Amendment

A

1) citizenship by birth
2) equal protection
3) due process

31
Q

Citizenship by birth

A

anyone born on American soil is American

32
Q

Equal Protection

A

everyone is equal

33
Q

Due Process

A

Says a “person” not a “citizen”; cannot be denied this; rules that the gov’t cannot skip

34
Q

“Person” not “citizen”

A

EVERYONE is guaranteed some rights

35
Q

Affirmative Action

A

a policy or a program that seeks to redress past discrimination through active measures to ensure equal opportunity as in education and employment

36
Q

Weekes v. US

A

Case that established the Exclusionary Rule

37
Q

Regents of the University of California v. Bakke

A

(1978)

  • UC reserves 16 spots per 100 for qualified minorities
  • Bakke files a suit for admission on basis of the 14th Amendment’s equal protection clause
  • SC agrees that diversity is important, but quotas are not an option
  • Bakke wins
38
Q

Gratz v. Bollinger

A

(2003)
- Jennifer Gratz applis to the University of Michigan as as undergraduate but is denied admission
- UM uses a point system which favors minority admissions
- Gratz claims violation of the 14th Amendment equal protection clause
- SC rules for Gratz saying the point system is to arbitrary

39
Q

Grutter v. Bollinger

A

(2003)

  • Barbara Grutter applies to UM law school but is denied
  • UM uses race as a factor in admission
  • Grutter claims violation of the 14th Amendment equal protection clause
  • SC rules in favor or UM…race is a factor, but not the only way to determine admission
40
Q

Right to Bail

A
  • Key to principle of the presumption of innocence

- Goes back to English common law (1275-Statute of Westminster)

41
Q

Bail

A

money you pay to get out of jail before being convicted

- Bail should match the goal of the gov’t which is to get the person to return to court for their trial

42
Q

Preventive Detention

A

Bail can be denied when…

  • the defendent poses a threat to an individual or the community or themselves (US v. Salerno 1987)
  • risk of flight
43
Q

US v. Salerno

A

(1987) a witness against salerno had an “accident” while Salerno was on bail; he was put on trial again & denied bail; SC agreed

44
Q

Death Penalty Court Cases

A

Furman v. Georgia & Gregg v. Georgia

45
Q

Furman v. Georgia

A

(1972)

  • SC ruled that application of the DP was arbitrary and violated the 8th Amendment
  • All states using the DP commuted all death sentences of all death row inmates (all men on death row that year were let off)
46
Q

Gregg v. Georgia

A

(1976)

  • DP doesn’t violate 8th Amendment
  • Law allows for a 2-part trial
    1) Guilt Phase
    2) Sentencing Phase

Government (6 decks)

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