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Gov #10
| Question | Answer |
|---|---|
| What are civil liberties? | Protections from arbitrary government interference. |
| What is selective incorporation? | Process by which the courts use the due process clause to limit states' abilities to regulate civil liberties. It is the nationalization of the Bill of Rights, done using the 14th due process clause. |
| What are the parts of the first amendment? | Freedom of religion, freedom of speech, and freedom of the press. |
| What is the establishment clause? | No law can mention a religion, and they cannot discriminate against a religion. |
| What is Engel v. Vitale? | A court case where New York's Board of Regents wrote and approved a non-denominational prayer to be read in schools. It dealt with the first amendment establishment clause, and ruled that school sponsored prayer is unconstitutional. |
| What is the lemon test? | It determines if a law violates the establishment clause. |
| What is the Free Exercise Clause? | The government can't interfere with religious practices. |
| What is Wisconsin v. Yoder? | A religious group wanted to end education for their children after 8th grade despite a state law requiring attendance until age 16. First amendment free Exercise clause, and ruled the state interest in school is not absolute, religious practices outweigh. |
| What is protected speech? | The ability to criticize the government / society without fear of government action against you. |
| What are time, place, and manner restrictions? What are some examples? | The government limits (within reason) speech for the public good. They can restrict if it is content neutral, has significant governmental interests, it's narrowly tailored, or provides for alternative ways of expression. |
| What are examples of unprotected speech? | Obscenity, Defamation (words spoken to hurt someone's reputation), Fraud, and Threats. There's also the Clear and Present Danger Doctrine, and the Imminent Lawless Action Doctrine. |
| What are types of protected speech? | Political speech and symbolic speech. |
| What is prior restraint? | The government prevents a story from being published. |
| What are the court cases dealing with prior restraint? | Near v. Minnesota - Public officials can't stop a story before it's published. NYT v. US - Pentagon papers and wondering if it would harm national security. |
| What are the freedoms in the First Amendment? | Freedom of religion, freedom of speech, freedom of press, and freedom of assembly, freedom to petition. |
| What is the second amendment? | The right to bear arms |
| What is the fourth amendment? | Protection against government engaging in unwarranted searches and seizures. Requires a warrant and warrants need probable cause. |
| What is the eighth amendment? | Protection against excessive bail or fines as well as cruel and unusual punishment. |
| What is the exclusionary rule? | Says illegally obtained evidence cannot be used in court. |
| What is the fifth amendment? | Indictment by a grand jury, protection from double jeopardy, protection from self incrimination, and Miranda rights (some of these rights are also in 6th amendment) |
| What is the sixth amendment? | Speedy public trial by a jury of peers, witnesses and evidence, and right to an attorney. |
| What is procedural due process? | Requirements on government officials to use methods that are not arbitrary when making or carrying out decisions that affect protected rights. |
| What is substantive Due Process? | Protection against violations of life, liberty, or property in which the "substance" of the law prevents people from exercising unenumerated rights without substantial purpose. |
| Although privacy is not explicitly listed in the constitution, what amendments have privacy implied? | 1st, 3rd, 4th, 5th, and 9th amendments. |
| What are civil rights? | Preventing institutional discrimination based on characteristics such as race, gender, age, religion, etc. |
| What are the 2 amendments that have the Miranda rights? | 5th and 6th. |
| What is the case that deals with guns? | McDonald v. Chicago. |
| What is the case dealing with the right to an attorney? | Man was arrested, couldn't afford an attorney, represented himself, and lost. Deals with 6th amendments and 14th amendment due process clause. Resulted in incorporation of the right to an attorney to the states. |
| What is a writ of assistance? | A court order instructing a law enforcement official to enforce a judgment, such as seizing items or evicting someone from property. |
| What is Title IX? | Prohibits sex based discrimination in education programs or activities receiving federal funding. Ensures equal opportunity in academics. |
| What is Obergefell v. Hodges? | Gay marriage is allowed. |
| What is the Defense of Marriage Act? | Said the definition of marriage is a union between one man and one woman. |
| What is Tinker v. Des Monies? | Students were suspended from school for wearing black armbands in protest of Vietnam War. Dealt with first amendment freedom of speech (symbolic). Symbolic speech is protected as long as there is no significant disruption of the educational process. |
| What is the case Baker v. Carr? | Tennessee failed to redistrict for decades despite shifts in population which created unequal legislative districts, dealt with 14th amendment equal protection clause, said restricting is a justifiable issue and established "one person, one vote" doctrine |
| What case dealt with Pentagon papers? | NYT v. US. |
| What was US v. Lopez? | A kid was charged for violating the Gun Free School Zones Act, a law passed to reduce gun violence, dealt with necessary and proper clause and commerce clause, and restricted congress's ability to use commerce clause to justify legislation. |
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