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Civil Liberties 2
| Question | Answer |
|---|---|
| what are civil liberties? | legal and constitutional rights given to people |
| civil rights? | policies designed to protect people against discriminatory treatments by government officials of the government |
| did the BOR originally apply to the states? | no!! it was originally just for the federal government |
| were the original state BOR meant to limit new gov, or fed gov? | the new government |
| 14th amendment? | all people have equal protection under the federal government |
| incorporation? | taking the BOR and applying it to the state government |
| establishment clause created what? | a wall between Church and state |
| free exercise clause? | each person has the right to believe what they want |
| who was Charles Schneck? | a man who was dicouraging potential drafts in WW1. |
| libel? | a written defamination that fasly attacks a person & their good name |
| what did Schneck say to his readers? | to "assert their rights" and resist the military draft |
| slander? | spoken defamination that fasely attacks a persons good name and reputation |
| obscenity? | not within the areas of protected speech or press |
| symbolic speech? | includes forms of nonverbal communication: such as....carrying signs, wearing armbands, and burning flags |
| what does the establishment clause prohibit? | an establishment of religion |
| what did the supreme court say about school prayer | that it was unconstitutional violation of the establishment clause |
| what happened in Oregon vs. smith? | the supreme court banned the use of illegal drugs in religious ceremonies |
| what was said about Reynolds vs. Us? | the court cant restrict what a person believes that "lies between a man and his God", however society has a right to legislate against religious activities that violate the laws of the land |
| what happened in Engel vs Vitale? | new york state board of regents approved the prayer for recital each morning un new york public schools, but supreme court ruled that state sponsored prayer in public schools was unconstitutional |
| what does the first amendment state? | "congress should make no law, abridging the freedom of speech or of the press" |
| what is the espionage act of 1917? | it prohibited forms of dissent deemed to be harmful to the nations war effort in WW1 |
| what happened in texas vs johnson? | texas state authorities prosecuted Johnson for violating a state law forbidding the "desecration of a venerated object" |
| ex post facto law? | a law applied to an act committed before the law was enacted |
| what does the fourth amendment declare? | the right of people to be secure in their own person, home, etc against unreasonable searches and seizures |
| what is the exclusionary rule? | prohibits evidence a=obtained by illegal searches or seizures from being admitted in court |
| what does the sixth amendment declare? | the accused should enjoy the right to have the assistenace of counsel for his defense. it is important to note that when the sixth amendment was ratified, this right did not apply to people tried in the state courts |
| what does the fifth amendment declare? | forbids self incrimination stating that no person should be compelled to be a witness against himself |
| miranda vs. Arizona? | ernesto miranda was a mentally challenged drifter accused of kidnapping and raping an 18 year old woman near Phoenix. |
| what did Justice Brandeis declare privacy as? | the right to be left alone |
| roe vs wade? | jane roe challenged the constitution lzw allowing abortions only to be aloud to save the life of a mother |
| where was roe vs wade? | texas |
| what did the court decide about roe vs wade? | that the mothers health was in danger. 3rd trimster only allowed if the mothers life was in danger |
| what happened in Gutonma Bay? | there they keep soldiers, and interrogate soldiers that the U.S. believes are terrorists. |
| where is Gutonma Bay located? | in cuba |
| who is Gutonma Bay owned by? | its a navy base owned by the U.S. |
| what are civil liberties? | constitutional and other legal protections against government actions. our civil liberties are formally set down in the BOR |
| bill of rights? | first 10 amnedments to the U.S. constitution, which define basic liberties as freedom of religion, speech, and press, and guarantee defendants rights |
| Barron vs Baltimore? | the 1833 supreme court decision holding that the BOR restrained only the national government not the states &cities |
| due process clause? | part of the 14th amendment guaranteeing that people cannot be deprived of life, liberty, or property by the U.S. or state governments without due process of law |
| incorporation doctrine? | legal concept under which the supreme court has nationalized the BOR by making most of its provisions applicable to the states through the 14th amendment |
| lemon vs kurtzman? | 1971 supreme court decision that setablished that aid to church related schools must have a secular legislative purpose |
| Zelman vs Simmons-Harris? | 2002 supreme court decision that upheld a state program providing families with vouchers that could be used to pay for tuition at religious schools |
| what was the feca? | a limit to how much $ you could give to a candidate |
| when was it made? | 1971 |
| donation of money to a candidate was classified under what? | freedom of speech |
| what was the bcra? | 2002 |
| right to associate? | rights to be with people who believe the same thing as you |
| naap? | national association for the advancement of colored people |
| what is a search warrant? | a written form signed by the courts that gave authority the right to search you |
| can a cop take you to jail if finding something without a search warrant? | no, because he had no permission to be looking for it |
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1314cianaowens
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