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Stewart- Gov Final
Final
| Question | Answer |
|---|---|
| What are civil liberties? | Protections from improper gov action. |
| What are civil rights? | Obligations of gov power |
| T/F the bill of rights outline only civil rights | False the bill of rights outlines many civil liberties and rights |
| What has expanded civil liberties? | Litigation in the SC |
| What was the most important item of business for the first Congress in 1789? | Adding a list of explicit rights (bill of rights) |
| What is the role of the Bill of Rights? | Protect citizens from improper gov action. |
| T/F the bill of rights limits only the national gov | True the bill of rights only limits the national gov and not state govs |
| What is selective incorporation? | An extension of bill of rights protections to state gov using the equal protection clause of the 14th Am. |
| What is the Establishment Clause of the 1st Am. ? | The strict separation of church and state. |
| Definition of the Lemon Test? | A way to determine if gov aid to religious schools is constitutional. |
| What is the Lemon Test? | 1) was there secular purpose 2) did its effect advance or inhibit religion 3) did it entangle gov and religious institutions to each other |
| What is the Free Exercise Clause? | Protects the right to believe and practice whatever religion one chooses, or doesn’t choose. |
| What is democracy dependent upon? | The ability of individuals to talk to each other and disseminate information and ideas. (Freedom of speech and press) |
| What does the SCOTUS need to balance? | Protection of political speech with issues of national security and fairness in campaign finance. |
| What does freedom of speech generally imply? | Freedom of the press With exception broadcast media which is subject to fed regulation |
| What is Prior Restraint? | Efforts made by the gov to block the publication of material it deems libelous or harmful -It is basically censorship |
| What forms of speech are protected? | Truth, political, symbolic, and speech plus |
| What is speech plus? | Speech plus is a physical activity such as picketing. |
| What forms of speech are conditionally protected | Libel, slander, obscenity and pornography, fighting words, hate speech, and commercial speech. |
| What is libel | Printed/written words of malice intent made in “reckless disregard of the truth” |
| What is slander | Spoken words of malice intent that are made in “reckless disregard of the truth” |
| Which amendments are the essence of due process of law | The 4th, 5th, 6th and the 8th. |
| What is due process of law | The right of every citizen against arbitrary action by national or state gov. |
| What is one of America’s traditional and most strongly held juridicial values | “It is far worse to convict an innocent person than to let a guilty person go free” |
| What is the 4th amendment | No illegal search and seizures |
| What is one of the most important procedures from SCOTUS’ interpretation of the 4th am.? | The Exclusionary rule |
| What is the exclusionary rule | Prohibits evidence obtained during an illegal search being introduced in a trial. |
| What does the 5th am. do? | Requires a grand jury for most crimes, protects against double jeopardy, and provides that you cannot be forced to testify against yourself. |
| What is the Miranda rule? | The expansion of the 5th am. clause covering coerced confessions and self incrimination but also the right to counsel, a provision of the 6th am. |
| What does the 6th am. require? | Speedy trial and right to witnesses and counsel. |
| What does the 8th am. prohibit? | Cruel and unusual punishment |
| What did SCOTUS find in Griswold v Connecticut | A right of privacy in combination of the 3rd, 4th, and 5th am. That was confirmed and extended in 1973 case of Roe v Wade. |
| What is the Takings clause? | Extends to each citizens protection against the “taking” of private property “w/o just compensation” |
| What is the purpose of the Takings clause? | To put limits on the power of eminent domain |
| What are the procedures of eminent domain? | Showing a public purpose and the provision of fair payment for taking someone’s property. |
| What topics have been debated as rights to privacy? | Birth control, abortion, and LBGTQ rights. |
| What was the outcome of Obergefell v Hodges (2015) | Same sex marriage is legal everywhere in US |
| What is DOMA- Defense of Marriage Act (1996-2011) | The gov. defines marriage as legal union between one man and one woman. |
| T/F the right to privacy is explicitly written in the bill of rights | False the right to privacy is not written in the bill of rights but is interpreted mainly from the 4th am. |
| What is the miller test? | 1) would the avg person find that work appeals to pervs. 2) does it depict or describe something offensive 3)lacks serious lit., political, artistic, or scientific value. |
| What is the purpose of the miller test? | To determine if something is pornography |
| What are Fighting Words? | “Expressive speech” that directly incites physical conflict |
| What is Habeas corpus? | The right of an individual in custody to be brought before a judge for an open trial. |
| What is the role of a grand jury | To determine whether sufficient evidence is available to justify a trial. Do not rule on the accused’s guilt or innocence |
| What is the role of a trial jury | Decide if someone is guilty |
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tori.t
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