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bill of rights
| Question | Answer |
|---|---|
| first amendment | religious freedom |
| 2 clauses of first amendment | establishment cause and few exercise clause |
| establishment clause | freedom from religion, ensures government doesn't sponsor or favor any religions |
| free exercise clause | freedom of religion, right to practice |
| letter to Hebrew congregation | written before first amendment by George Washington, stepping stone to first amendment, "to bigotry no sanction, to persecution no assistance. |
| virginia statue for religious freedom | Thomas Jefferson wrote this, and James Madison introduced bill to Virginia assembly |
| letter to pantry baptists | written by Jefferson, separated church and state 11 years after ratification of first amendment |
| Engel v vitale (1962) | 1st amendment, even voluntary school-led prayer violates establishment clause |
| Abington V Schempp (1963) | having voluntary prayer is still promoting religion for school age kids |
| Santa Fe v doe (2000) | even voluntary school-led prayer violates first amendment-students never lost right to pray |
| chadchurri v state of Tennessee | universities can have public religious practices |
| lemon v kurtzman (1971) | public funds improperly used to support religious schools, established lemon test |
| lemon test | decides whether something violates establishment clause |
| Lynch v Donnelly (1984) | permissible display of nativity with secular elements |
| sherbert v verner (1963) | person must show sincere religious belief for first amendment exemptions |
| Wisconsin v yoder (1972) | sided that amish can withhold education in accordance with religion |
| employment division v smith (1990) | laws that apply to everyone can restrict religious practices |
| Freedom restoration act (1993) | to protect religion from general laws |
| city of Boerne v Flores (1997) | congress cannot redefine or expand the scope of constitutional rights |
| John Peter Zenger (1735) | spoke against royal governer and gov refused to convict him, landmark case |
| schneck v United States (1919) | distributing anti-draft pamphlets, convicted bc it created clear and present danger, no yelling fire |
| chaplinsky v New Hampshire (1942) | fighting words doctrine, certain speech is unprotected |
| bradenburg v ohio (1969) | kkk member convicted for violence threatening speech |
| New York times Co. v Sullivan (1964) | public official must prove actual malice to win libel case |
| National firearms act (1934) | first major federal gun law regulated guns particularly associated with organized crime |
| 2nd amendment | right to keep and bear arms |
| gun control act of 1968 | prohibited ownership by felons, mentally ill etc.., required a license to sell |
| 3rd amendment | no quartering soldiers |
| two cases associated with 3rd amendment | Engblom v Carey (1982), Us court of appeals for the second circuit (1982) |
| 4th amendment | protection against search and seizure, cannot randomly search your house or belongings, warrant called for and must be specific |
| 5th amendment | due process, protection against self incrimination, double jeopardy, serious federal crimes must be convicted from grand jury, cannot be tried for same crime twice, must compensate for land seized |
| 6th amendment | right to a speedy trial, |
| fair trial rights | Escobedo v Illinois, pointer v texas, crawford v Washington |
| 7th amendment | enumerates the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact |
| 8th amendment | no excessive bail, no excessive fines, no cruel and unusual punishment, limits on death penalty |
| limits on death penalty | furman v georgia, gregg v georgia, atkins v virginia, roper v Simmons, Timbs v indiana |
| 9th amendment | enumerated rights |
| 10th amendment | unenumerated rights |
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burgia