Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Civil Rights
Government
| Question | Answer |
|---|---|
| According to the Declaration of Independence, what is the purpose of the Government? | to secure the right to life, liberty and happiness (God given rights) |
| why did the States ratify the Constitution? | b/c it did not list specific rights for the people (so the gov. couldn't take away things they wanted -no question to what their rights were) |
| how do individual rights illustrate a limited government? | gov. doesn't have complete power over people (restricts on government) |
| how are Individual rights relative to each other? | -our rights cannot be taken away unless we violate someone else's rights |
| what individual rights conflict, who decides who is right? | The Supreme Court |
| what protects our rights from the Federal Government? | Bill of rights |
| what protects our rights from the State government? | 14th amendment and state constitution |
| what amendment says we have rights that are beyond what is written in the Constitution? | 9th Amendment |
| what is restricted power? | relative |
| what is not restricted power? | absolute |
| what is the role of the courts? | 1.guardian of right 2.interpret and apply |
| ___ means it is listed in the Constitution | Enumerated |
| what are types of Enumerated rights? | free speech, free press, right to bare arms |
| ___ means it is not listen in the Constitution | unenumerated |
| what are types of unenumerated rights? | government can't interfere with women's choice; right to an education; right to a home; right to health care |
| what are two guarantees for Religion freedom in the first amendment? | 1.right to create our own religion 2.right to practice what ever religion we choose |
| what is the Establishment Clause? | Congress shall make no law respecting the establishment of a religion |
| what does the Establishment Clause set up? | -set up a separation of church and state |
| how does the Government encourage churches and religion? (5) | 1.free from property tax 2.chaplains can serve in the armed forces 3.oath of office uses God 4.sessions of congress open with prayer 5.national anthem and coins make a reference to god |
| what does the court say about Prayer in public schools? | -they cannot sponsor religious exercises, but groups can meet before or after school hours if they allow |
| In order to get State's School Aid what 3 requirements must it meet (Lemon test) | 1.aid must be secular, not religious (must benefit student not school) 2.primary effect must help not hurt religious 3.must avoid excess mix b/t gov. and religion |
| what are actions that are allowed in the Lemon test? (dealing with school aid) | 1.fund standardized tests 2.grants to aid agencies with adolescents with sex and pregnancy |
| what are actions that are prohibited in the Lemon test? (dealing with school aid) | 1.can't pay salaries of parochial teachers 2.can't go towards religious textbooks or materials |
| what 3 main evils does the establishment clause prevent? | 1.sponsorship of religion 2.financial support of religion 3.active involvement of the sovereign (gov) in religious activity |
| what is the "Free Exercise Clause" | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... |
| what basic rights does the Free Exercise Clause guarantee? | 1.absolute right of religious belief 2.relative right of religious practice |
| Give 2 examples of how the Free Exercise Clause is allows certain actions? | 1.states can't forbid ministers from holding elected public office 2.businesses closed on Sundays 3.Amish cannot be forced to go to school beyond 8th grade |
| give 2 examples of how the Free Exercise clause prohibits certain actions? | 1.cannot use poisonous snakes in religious rites 2.religious groups have to have a permit to hold a parade on the streets |
| what is the purpose of the protection of Free speech and free press | 1.to free expression in spoken and written word 2.to guarantee all people the right to a wide range of discussions dealing with public affairs |
| _____ is false and malicious use of printed words | libel |
| ____ is false and malicious use of spoken words | slander |
| what is the defense against libel and slander? | the truth |
| t/f criticizing a performance is not slander | true (personal life is) |
| how does the Supreme court define Obscenity? | 1.if it intends to excite lust (avg.Jury person applying compenerary community standards) 2.is in the form of sexual conduct (goes against anti-obscenity laws) 3.if it lacks serious literally, artistic, political or scientific value |
| ____ is to stop something before it happens | Prior Restraint |
| what are the exceptions to when Prior restraint is allowed? | 1.war time 2.obscene 3.incites violence |
| ___ is the expression through conduct | symbolic speech |
| 3 examples of when Protected Speech is allowed | 1.wearing armbands to protest war 2.campaign contributions 3.commercial speech |
| 3 examples of when Protected Speech is not allowed | 1.burning cross (in someones yard) 2.burning draft cards 3.killing someone |
| ___ amendment guarantees the right of people to assemble, peaceably and petition the gov. for redress of grievance | 1st |
| ___ amendment extends the right to assemble and petition to state and local gov. | 14th |
| ___ reasonable limits on the right to petition and assemble | Time-Place Manner |
| why can't parades be held by a court house if it is in session? | if they are intended to influence a decision |
| the government's regulation of the right to assemble must be precisely drawn and ____ | fairly administered |
| what can't the gov. regulate at assembly? | what is said (subject matter) |
| why do people protest in public? | they want to reach the public |
| what two things do people need to demonstrate in public places? | 1.permit 2.advance notice |
| why can't people be charged with disorderly conduct in a protest | if they act peacefully (they can't be charged); if they act violently then they can |
| where are most demonstrations done now a days? | abortion clinics |
| where can't demonstrations be done? | private property (unless given permission) |
| ____ gather together to express views on public matter | assemble |
| ____ gov. can regulate on time, place, and manner; not on what might be said | content neutral |
| ____ right to associate with others, promote political and economical and social clauses | guarantee of association |
| what two groups express the guarantee of association? | political parties and interest groups |
| why are there 2 due processes? | one for the Federal government (5th amendment) and one for the state (14th amendment) |
| ____ the government will act fairly and in accord with established rules | due process |
| ____ Law under which the government act must be fair | substantive due process |
| ___ ways under which the government act must be fair | procedural due process |
| _____ a court order authorizing a search | search warrant |
| what 4 factors are necessary to make a warrant valid? | 1.probable cause 2.signed by judge 3.describe the place that is being searched 4.describe the persons or things being seized |
| ___ the right to be free, except in very limited circumstances, from unwanted governmental intrusions | privacy |
| ____ reasonable suspicion for a crime | probable cause |
| ___ evidence gained illegally cannot be used | exclusionary rule |
| ____ a legislative act the inflicts punishment without a court trial | bill of attainder |
| ____ a court order commanding the police to charge a person with a crime or release him | writ of habeas corpus |
| ____ a law applied to an act committed before its passage | ex post facto law |
| ____ a group of persons who accuse a person of a serious crime | grand jury |
| _____ once a person has been tried for a crime, he cannot be tried again for the same crime | double jeopardy |
| what does "Speedy and Public" trial mean? | the gov. has 100 days to try a person of a crime and it must be public |
| ___ the trial jury | petit jury |
| ____ is the right that "no person can be compelled in any criminal case to be a witness against himself" | self-incrimination |
| who has to prove their position in a criminal case? and why? | prosecution; because it prevents them from shifting the burden of proof onto the defendant |
| ____ the police must inform a suspect of his rights before questioning | Miranda rule |
| what two rights are stated in the Miranda rule? | 1.right to remain silent 2.right to an attorney |
| __ payment for a crime committed | fine |
| the amount of the fine is based on what? | the seriousness of the crime |
| ____ a sum of money that the accused deposits as a guarantee he will appear in court | bail |
| under what circumstances can a judge deny the right of bail? | if they pose a danger for the community |
| ____ to be held without bail | preventive detention |
| __ punishment that does not fit the crime | cruel and unusual punishment |
| what is capital punishment? | punishment by death |
| what is the two-stage process of Capital Punishment? | 1.trial to determine guilt or innocence 2.hearing to decide whether the crime is justified a sentence of death |
| ____ can only be used from crimes resulting in death of the victim | death penalty |
| ____ is the only crime defined in the Constitution | treason |
| what is treason? | 1.impose war against the US 2.giving aid to the enemies |
| ___ is the crime of obstructing the lawful process of the gov. | contempt |
| ___ no state shall deny to any person within its jurisdiction the equal protection of the law | Equal Protection Clause |
| t/f the government must be able to discriminate | true |
| t/f the government can discriminate unreasonably | false |
| ___ segregation in fact, even if no law required it | de facto |
| ___ segregation ny law | de jure |
| ___ positive steps to make up for past discrimination | affirmative action |
| ___ discrimination against the majority group | reverse discrimination |
| what has the court rules on various sex discrimination cases | 1.they protect the weaker sex (women cannot be excluded from service and club memberships; women are excluded from draft; men have to serve juries, women get the choice) |
| what are 3 ways to become a Citizen? | 1.born in the US 2.One parent american citizen 3.naturalization |
| what is the first amendment? | see notes |
| ___ amendment: freedom of religion, speech, press, assembly, petition | first |
| ___ amendment: right to bear arms | second |
| ___ amendment: right of each state to keep a militia (national guard) | second |
| ___ amendment: no quartering of troops | third |
| what does quartering of troops mean? | providing housing and food for troops (violates privacy and property laws) |
| how is the gov. limited with searches? (3) | 1.police have no general right to search/seizure 2.must have a search warrant |
| what are the exceptions to the search warrant? | 1.valid arrest 2.hot pursuit 3.automobile 4.emergency 5.consent 6.plain view 7.honest mistake |
| ___ evidence gained illegally (can't be used in trial) | tainted evidence |
| ___ says illegally seized evidence and cannot used in court | exclusion rule |
| ___ amendment: prohibits denial of life, liberty, property without due process | fifth |
| ___ amendment: protect eminent domain | fifth |
| what is eminent domain | taking private property for public use with just compensation |
| right to jury trial in federal suit where value exceed _____ | $20.00 |
| what is bail based on? | crime and ability to pay |
| rights not listed in the Constitution | unemumerated rights |
| powers reserved to the states | state's rights |
| subjection to a master who owns one's person and may treat one as property | slavery |
| forced service for the good of the society (jury duty, draft) | compulsory service |
| ____ all persons born or naturalize and subject to jurisdiction of the US | citizenship |
| ____ forced labor | involuntary servitude |
| what says "states cannot discriminate unreasonably" | Equal Protection of the law |
| state's cannot deny the right to vote based on | race, color, sex |
| ___ amendment:no poll tax | twenty-fourth |
| the twenty-six amendment voting age to ___ | 18 |
| what the the Supreme COurt determine the bill of rights on? | society and the individual |
| t/f laws can treat men and women differently if they meet certain criteria | true |
| 3 requirements of citizenship (formal titles) | 1.jus sanguins (blood) 2.jus soli (land) 3.naturalization |
| what are the 5 types of death Penalties? | 1.firing squad 2.lethal injection 3.electric chair 4.hanging 5.gas chambers |
| what circumstances can a person not be tried for the death penalty? | 1.under 18 2.mentally challenged |
Created by:
lax5