Unit 3&4 Flashcards
bill of rights
The first 10 amendments that list the fundamental rights and freedoms that individuals possess.
civil liberties
fundamental rights and freedoms that are protected from unreasonable governmental restrictions. They protect people from discrimination and include the fundamental right to be treated equally under the government.
civil rights
governmental protection of individuals from discrimination as members of particular groups
who wanted a bill of rights and why?
The anti-federalists wanted a bill of rights for 3 reasons:
1) the lack of bill of rights was used as a tactical weapon to defeat the constitution or push for a Second convention where anti-feds might get a more favorable outcome
2) some people didn’t want the federal government to regulate taxes and commerce and wanted to see more state rights.
3) some thought that a list of fundamental rights was necessary to protect people from the government that they feared would grow into a large powerful republic.
What did Federalist 84 say about a bill of rights?
1) a bill of rights is unnecessary because the government was designed to protect individual rights
2) making a list of rights would be dangerous because the list would always be incomplete, but those in power may deny additional rights that were not listed
Amendment 1
restricts laws to be made that deal with religion, speech, press, assembly, and protest
Amendment 2
the right to bear arms
Amendment 3
no forced quartering of troops in homes
Amendment 4
Protects against unreasonable search and measure and establishes the right to have warrants before an arrest
Amendment 5
Right to a grand jury indictment in criminal cases, protection against double jeopardy and self incrimination, the right to due process of law (to be treated equally), the right to just compensation when private property is taken for public use.
Amendment 6
Protections during criminal prosecutions for a speedy and public trial by an impartial jury, the right to confront witnesses, the right to compel favorable witnesses in one’s defense, and the right to the assistance of a defense counsel (jury)
Amendment 7
Right to a trial by jury in certain civil suits
Amendment 8
Protections against excessive bail, excessive fines, and cruel and unusual punishment
Amendment 9
Protection of rights not listed in constitution
Amendment 10
Powers not delegated by the federal government, nor prohibited by it to the states, are reserved for the states and people
due process clause
14th amendment clause that restricts state governments from denying citizens their life, liberty, and property without legal safeguards.
selective incorporation
the process through which the protections in the bill of rights are applied to the state through supreme court cases
establishment clause
1st amendment protection of individuals against the government forcing people to join or support a religion
free exercise clause
1st amendment protection of the rights of individuals to practice their religion.
lemon test
sets guidelines for what is allowed under the establishment clause Details that underlying statute must have a secular legislative purpose and not advance or inhibit a religion. It may not foster a lot of involvement between the government and a religion.
lemon v Kurtzman
Rhode Island and Pennsylvania programs supplemented the salaries of teachers and provided educational materials for nonreligious subjects in religious private schools. The court struck down both programs.
Gitlow v. New York
Benjamin Gitlow was protesting, writing, and speaking out about WW1 and its aftermath, criticizing America’s economic system. Gitlow oversaw the printing of a newspaper and in one issue, included a section called the left wing manifesto which criticized America’s involvement in WW1, capitalism, and American imperialism. They were eventually arrested for violating the New York State Criminal Anarchy Act, and were convicted. Gitlow argued that the NY law violated his rights of due process under the 14th amendment and lost.
A neutrality test that is involved in deciding on conflicts between legitimate state action and religious expression.
if a law is created within an interest that is religiously neutral, even if the law restricts religious expression of individuals, the law can be valid
Near v. Minnesota
Freedom of press, A Minnesota newspaper accused local officials of being involved with gangsters. The officials claimed that this Acton violated a public Nuisance Law that stated that anybody who is involved in publishing obscene, lewd, malicious, scandalous, or defamatory content about somebody was guilty of nuisance. This law was deemed unconstitutional, and the court ruled that only under narrow circumstances can the government prohibit a publication in advance. In situations where the speech is obscene, incites violence, or reveals military secret, can prior restraint be used.