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Civil liberties outlined in the constitution (1)
Limits on punishment for treason
Trial by jury in federal courts for criminal cases
Equal protection of the laws
Natural rights
Describe the 1st amendment (2)
Establishment clause: Congress shall make no law respecting an establishment of religion.
Free exercise: Congress shall make no law prohibiting the free exercise of the people.
Three parts of the lemon test (3)
Secular Purpose: The law or government action must have a non-religious purpose.
Primary Effect: The primary effect of the law or action must neither advance nor inhibit religion.
Entanglement: The law or action must not foster excessive entanglement between government and religion.
Exceptions to 1st amendment (4)
Emotional Distress: If speech inflicts emotional distess
Threats: Threats of violence
Speech owned by others: copyrights or trademarks
Procedual due process and substantive due process (5)
Procedual due process: Requires gov. to follow fair procedures during trials.
Substantive due process: Protects certain rights that the government cannot prohibit.
How are the two due processes different? (5)
Procedural due process ensures fairness, while substantive due process protects rights
14th amendment clauses (6)
Citizenship clause: This clause defines citizenship
Due process clause: This clause prohibits states from depriving any person of life, liberty, or property, without due process of law.
Equal protection clause: This clause guarantees that no state shall deny to any person within its jurisdiction the equal protection of the laws.
Difference between civil liberty and civil rights (7)
Civil liberties - legal freedoms that citizens possess
Civil rights- rights that guarantee individuals freedom from discrimination
Diffrence between de jure and de facto segregation (8)
De jure - refers to segregation by law or legal
de facto - segregation that exists in reality, it is not legally mandated.
The role bussing attempted to play in adresing de facto segregation (9)
With de jure segregation ended, busing sought to end de facto segregation.
How 24th amendment (1964) and the Voting Rights Act (1965) tried to increase acess voting for minorities (9)
24th Amendment: Banned poll taxes
Voting Rights Act of 1965: Outlawed literacy tests and federal officials can register voters in a state
Why the surpreme court applied the 14th amendment equal protection clause differently to people based on race and sex (10)
Due to the history of racial discrimination and the Court's view of gender as a less "suspect" classification.
Supreme Court as can be seen from looking at the Supreme Court’s ruling in one of the 1st Amendment cases studied and presented in groups and then seeing how the Court ruled differently in a later, second 1st Amendment case studied and presented in groups.
Engel v Vitale - State cant hold prayer in public schools
but then,
Zelman v Simmons- Vouchers that went to religous school did not violate establishment clause