Studied by 9 people
Explain The Due Process Clause
Found in both the 5th and 14 amendments, applying to federal and state governments respectively, the government must act fairly and in accord with established rules at all times. And no person shall be deprived of life, liberty, or property without due process of law.
Explain the Establishment Clause
part of the first amendment, makes it so that the government cannot establish a national religion or impress it upon it you.
Explain the Free Exercise Clause
Part of the first amendment, makes it so that the government cannot interfere with any exercise of any religion (without breaking laws) basically you can practice whatever religion you want. (or not at all)
What is the Lemon Test?
Used by the supreme court to determine what public funding is allowed to parochial schools.
What are the 3 requirements of the Lemon Test
The purpose of the aid must be non religious the aid cannot enhance nor prohibit religion the aid cannot excessively entangle the government with religion
Explain the word Parochial
Religiously based or sponsored schools
Explain the word Espionage
The practice of spying or using spies in order to obtain political and military information of ones government and giving it to another government in order to hurt the original government or show their wrongdoings. Same thing as Treason but during times of peace instead of war.
What is the difference between Libel and Slander?
Libel is the use of false and malicious written words, while slander is the use of false and malicious spoken words.
What is the concept of prior restraint?
idea of the government to curb ideas before they are expressed, This is not allowed in most cases and the government can only punish people after ideas are expressed.
What is symbolic speech
Expression by conduct, Ex picketing, or wearing certain clothes
What is Police Power?
power of the local state government to act to safeguard the well-being of its people. To promote health, safety, morals, general welfare.
What is procedural due process
the fairness of the procedures used to enforce the laws
What is a warrant?
required most of the time in order to search private property except in cases of automobiles if there is probable cause and only in open areas (not the trunk or glovebox) A document issued by the court or government official allowing for police to make an arrest or search private property
What is substantive due process
the fairness of the laws themselves
What did the 14th amendment do to the 5th amendment?
Extended the restriction to the states, provided by the 5th amendment saying that "no person shall be deprived of life, liberty, or property, without due process of law."
What falls under a states police power of health?
states can limit the sale of alcohol and tobacco, make laws to combat pollution, and require vaccination of school children
What falls under a states police power of safety?
states can forbid concealed weapons, require the use of seat belts, and punish drunk drivers
What falls under a states police power of morals?
states can outlaw gambling, the sale of obscene material, and prostitution.
What falls under a states police power of general welfare?
States can enact compulsory education laws, provide help to the needy, and limit profits of public utilities
The constitutional guarantees of ____ ________ create a right to ________
due process, privacy
What did the 13th amendment do?
Ratified in 1865 it ended slavery in this country, it also protects against involuntary servitude or forced labor.
What cant be classified as involuntary servitude?
the draft or imprisonment
What do many people believe that the 2nd amendment says about an individual right?
there is a right of an individual to keep and bear arms
has the 2nd amendment been extended to the states through the 14 amendment?
No
Why dont we ever use the 3rd amendment anymore?
Its primary use was to keep soldiers out of civilian houses because the framers of the constitution didnt want a repeat of the redcoats. We havent had any wars were something like this would have happened so theres been no need to use the amendment
What are writs of assistance?
blanket search warrants that are unreasonable, these are protected against in the 4th amendment
When can the government limit free exercise of religion?
anytime it will endanger people or violate a law or infringe on others civil liberties
When does the government limit freedom of speech?
When the speech is considered libel or slander, or its obscenity in public, any words that incite others to commit crimes. You also cannot say seditious things. The government can also limit Commerical speech if it is false and misleading, or if it has the promotion of tobacco products on the radio or television.
When can the government restrict the right to assemble and protest?
They can make and enforce rules regarding the time, place, and manner of assemblies. places such as near a public school or courthouse are restricted for assembly and protest because it can disrupt the public areas, however the government cannot control the subject matter of the assembly. You also need a permit in order to hold a parade on a public speech and there are rules set in place that make it so there are buffer zones around abortion clinics so that people are free from harrassment when entering or leaving them. They can also restrict it if its on private property
What is the shield law?
gives reporters protection against having to reveal their sources, keeping confidentiality. They dont have to reveal these sources even under Oath
What can a school do/not do when it comes to religion?
A school can allow for released time, where kids are released during the school day to attend religious classes off campus. A school can prohibit the forced use of the bible and prayer in a religous way. The school requires that evolution be taught. the government can provide financial aid to parochial schools if they pass the lemon test. Clubs are allowed for religious practices aslong as they are outside school hours.
Why is TV/Radio regulated so heavily by the government?
because it is relayed on a public wavelength, therefore anyone can listen to it… they might turn on the radio and they shouldnt be able to hear something obscene that they didnt consent to hearing, hence why radio and television is so regulated. anyone has access to it, they cannot choose to listen to something if they just turn on the radio.
What is the right of association?
ability to join any clubs you want, the government cannot stop you from doing this.
Individuals in the US have the right to do as they please until when?
it breaks a law or harms the rights of others
Why can states require vaccination of school children?
because of police powers, state have the ability to promote the health of their state power to police, the government can create rules and laws around protecting your health for the public good.
What did the court case Roe v. Wade deal with?
A womans right to an abortion as well as the use of contraceptives. It also solidified the right to privacy.
What is the goal of the Patriot Act?
To strengthen measures to prevent use of the U.S. financial system for personal gain by corrupt foreign officals and facilitate repatriation of stolen assets to the citizens of countries to whom such assests belongs. Helps protect U.S. Citizens against terrorists because it got rid of the wall between police officers and government officials so that they could share information and work together to prevent terrorist attacks Governments ability to moniter emails, look into phone records, etc in the name of preventing terrorism. They need to be able to monitor communications
When can the police conduct searches with no warrant?
Only with open spaces of an automobile, and only if they have probably cause. If they are witnesses a crime or chasing someone.
What is an ex post facto law? Are they common?
. A law that was created after the fact and applies to events before the law was created, .They are not common considering the fact that they are illegal, new laws cannot apply to things that happened in the past
What did the Speedy Trial Act of 1974 establish?
made sure that the beginning of a person federal criminal trial must take place no more than 100 days after the arrest.
What is the Miranda rule?
law enforcement officials must advise a suspect interrogated in custody his or hers rights under the 5th amendment. These right warning must be given before there is any questioning initiated by law enforcement. police read you your basic rights
What is considered “Cruel and Unusual Punishment”?
barbaric tortures and other excessively cruel punishments, however it has to be unusual aswell, so the punishment has to fit the crime.
What is considered “Treason”?
levying war against the United States or giving aid and comfort to the enemies of the United States. Treason happens during times of war. If we are not at war with someone but they are till aiding an enemy it is considered espionage.
What does it mean for police to have “Probably Cause”?
it means they have reasonable suspicion of a crime more likely than not a crime was committed.
What is the difference between a bench trail and a jury trial?
A bench trial is where the judge decides your case and a jury trials is where a jury of 12 people decide your case.
In what type of case can a death penalty be used as a sentence?
A case in which the victim has died, capital murder, the victim died because the person who killed them did it on purpose, it was premeditated. Treason and Espionage can also be punished by death.
What does a police officer need to try and get a warrant to search your house?
Probable Cause, belief that you may have committed a crime in order to get the warrant with the probably cause they can ask for a specific warrant.
What are preventative detention laws?
If a judge believes that a potential criminal could go out and commit a crime such as murder if they were given bail, they are allowed to resend bail if the person is a danger to society, commit another crime, or try to flee the country.
On what reasoning does a state have to pass laws to ban gambling?
Police power, right to promote morals Ensuring things like fraud dont happen
When is evidence not allowed in court?
if the evidence was gained as a result of a illegal search
What are writs of assistance?
blanket search warrants, these are not protected under the constitution and are considered unreasonable to the 4th amendment. Warrants are very specific so that a 4th amendment is not violated more than it needs to be, they cannot be vague like a writ of assistance.
What is the exclusionary rule?
Evidence gained as a result of an illegal search cannot be used in court.
can drug testing be conducted without a warrant or probable cause?
Yes
What is a Writ of habeas Corpus
A court order which prevents unjust arrests and imprisonment
what are Bills of attainder
laws passed by congress that inflict punishment without a court trial, these are not allowed.
Why did founders put double jeopardy into the constitution?
They wanted to prevent harassment and oppression because otherwise a person could be tried over and over again until there was a conviction
What is the difference between civil liberties and civil rights?
Civil liberties protect you from the government, while civil rights are positive acts of government that seek to promote equality and make sure the constitution is guaranteed for all people
Note 
Flashcard (25)