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Unit 4

QuestionAnswer
Amendment 1? Free speech, press, relgion, and the right to assemble.
Amendment 2? The right to bear arms.
Amendment 3? Quartering of soldiers-cannot be forced to allow soldiers to take residence in your home.
Amendment 4? No unreasonable searches or seizures.
Amendment 5? Grand Jury, Double Jeopardy, Self-incrimination, Due Process, Eminent Domain
Amendment 6? Procedures in a court of law
Amendment 7? Trial by Jury
Amendment 8? Bails, fines, and punishment
Amendment 9? Rights reserved by the people.
Amendment 10? Rights reserved to the states.
Civil Liberties? Rights granted by the constitution that protect citizens form governmental actions.
Civil Rights? Policies designed to portect people against discriminatory acts by government officials or officials.
BoR? Specific rights and and restrictions of the governments authority-10 amendments
What group of individuals rallied for a bill of rights? Anti-Federalists
Who led the amendments' ratification? and when? James Madison-1791
What did every state constitution have in 1791 ? It's own BoR.
Were the orginal rights in the BoR applied to the states? Nope. They just resticted the federal government.
Barron v. Baltimore (1833) Story? Balitmore harbor- too shallow because of a construction project to run Barron's boats. Argued 5th amend. gave him the right to just compensation.
Barron v. Baltimore (1833) Ruling? Rationale? No compensation-Supreme Court ruled that the BoR "contains no expression indicating an intention to apply them to state governments. "
The 14th Amendment? (1833) The Due Process Clause and The Equal Protection Clause
Gitlow v. New York (1925) Story? Pamphlet-"The Revolutionary Age" encouraged industrial workers to join and overthrow the organized government. He was arrested and convicted due to a state law on the subject. He argued his rights to free speech and free press were violated.
Gitlow v. New York (1925) Ruling? His conviction was upheld-The court did say that those rights were among the liberties protected by the Due Process Clause.
Incorporation Doctrine? The slow act of incorporating the BoR into the state and local governments-Barron v. Baltimore Gitlow v. New York
Freedom of Relgion-The First Amendment? Establishment Clause and Free Exercise Clause-Extended to the states by the 14th amendment
Establishment Clause? Prohibits an establishment of an official religion.
Free Exercise Clause? Freedom to worship or to not worship how one wishes.
What did Thomas Jefferson argue that the First Amendment created? "A wall of separation between chruch and state"
Engel v. Vitale (1962) Story? (School prayer) New York prayer before school-Steven Engel objected, using the Establishment Clause and the Fourteenth Amendment.
Engel v. Vitale (1962) Ruling? The Supreme Court ruled that state sponsored prayer was unconstitutional.
Lemon v. Kurtzman (1971) Story? (Aid to parochial schools) Pennsylvania act reimbursed church-related schools with secular items.
Lemon v. Kurtzman (1971) Ruling? Three tests-1.)Secular purpose 2.)May not advance or inhibit religion 3.)May not encourage governmental entanglement with religion.
Free Exercise Clause-Exception? Religion cannot make an illigal act legal.
Oregon v. Smith (1990) Banned use of illegal drugs in religious ceremonies.
Reynolds v. United States (1879) Reynolds-Morman church member married two women-convicted for polygamy-argued it was his religious duty
Reynolds v. United States (1879) Ruling? Court ruled that they cannot restrict what "lies soley between a man and his God". Allowing his polygamy to slide would imply that a religious belief can be higher than the law of they land, therefore he was convicted.
Defense of Free Speech-First Amendment? "Congress shall make no law abriging the freedom of speech or of the press."
What kind of views are protected by this Amendment? Unpopular views
Why are "wrong" doctrines not always silenced? They sharpen our views.
What was the Espionage Act of 1917? An act that prohibited forms of disssent that would impair the war effort for WW1.
What did Charles Schenck do? Mailed fliers that encouraged men not to sign up for the raft.
What happened with Schenck? He was arrested for vioation of the Espionage Act. He argued that it violated his freedom ofspeech.
What did Schenck give? The "clear and present danger" test.
What is the "clear and present danger" test? Free speech wouldnt protect someone that falsely shouted fire in a theatre. "If it presents clear danger to people.
Brandenburg v. Ohio (1969) Gov can punish advocacy of illegal action if it intices such action on purpose.
Libel? Written defamation against someone and their reputaion.
Slander? Spoken defamation against someone and their reputation.
Obscenity? What the society agrees is bad.
Roth v. United States (1957) Obscenity is not within the area of constitutionally protected speech or press.
Miller v. California (1973) Test for obscenity are up to the community.
New York Times v. Sullivan (1964) Statements about public figures are only libelous if they are false and malicious on purpose.
Symbolic Speech? Nonverbal communication-signs, burning flags, armbands...ect.
Tinker v. Des Moines (1969) Armbands that protested the Vietnam War-Sent home-Court ruled the ban on armbands violated the 1st and 14th amendments.
Created by: 1314ryanmartin