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Unit 4
| Question | Answer |
|---|---|
| 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
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