Studied by 40 people
Relative
In the US, Civil and Criminal rights are considered...
Absolute
In the US, Natural Rights are considered...
Civil Law
Deals with the private rights of the citizens
Criminal Law
Deals with the social contract and the rights of society
Liability
Civil Law is based on a plaintiff suing a defendant for...
Guilt
Criminal Law is based on a government indicting a defendant with...
Tort
Violation of Civil Law
Monetary Payment and/or Injunction
Punishment for Civil Law
Crime
Violation of Criminal Law
Loss of Liberty and Life
Punishment for Criminal Law
Penal
Punishment is also called...
Injunction
court order to cease an activity
a listing of negative liberties
The Bill of Rights is called...
Amendments 1-8
Specific Civil and Criminal Protections from the Federal Government
Amendment 9
Unenumerated Rights - The right to potential additional rights in the future
Amendment 10
Reserved Powers for the States
Amendment 14
A guarantee of due process protection from STATE government
Due Process
The fair legal procedures government must follow when dealing with its citizens
Reasonable Person Standard
the standard that the US Courts use
Incorportation
applying the bill of rights to the state government
Gitlow v New York - 1920
1st Incorporation Case over Free Speech
Honorary Member
the 14th Amendment is considered a ___ ___ of the Bill of Rights
5 Basic Freedoms
How many freedoms are covered in the 1st Amendment?
Freedom of Religion
The First Freedom of the First Amendment is...
Freedom of AND from religion
Specifically the 1st Amendment covers...
Secular
Non-religious
The Establishment Clause
Congress shall make no law respecting an establishment of religion
The Free Exercise Clause
Nor prohibiting the free exercise there off
No Mandatory National Religion
Original Intent of the Establishment Clause
Separation of Church and State
Today's SCOTUS Interpretation of the Establishment Clause
Church
any religious expression
State
any area paid for by tax payer dollars
Natural Law based Religion
Original Intent of the Free Exercise Clause
Any Belief System
Today's SCOTUS Interpretation of the Free Exercise Clause
Precedent
legal 1st which sets the standard for future cases
Public Education
A plurality of SCOTUS cases regarding religion have involved...
Ye Olde Deluder Satan Act
the 1st law that required public education for religious instruction
Northwest Ordinance
Governed the territories before they became states for purposes of "Knowledge and Religion/Morality"
Everson v Board of Education - 1947
Established the modern separation of church and state
Engel v Vitale
SCOTUS ruled that the reading of a nondenominational and voluntary prayer at the beginning of a public school day violated the Establishment clause
Abington School District v Schempp
SCOTUS ruled that Bible reading as part of the school day violated the Establishment Clause
Academic Purpose and Student Discretion
Abington School District v Schempp EXECPTIONS
Lemon v Kurtzman
Established the "Excessive Entanglement Standard" regarding the Government and Religion
Excessive Entanglement Standard
Gov Involvement must have a secular purpose
Gov Involvement must not help or hinder religion
Gov and Religion must not excessively entangle
Wisconsin v Yoder
SCOTUS ruled that state mandated compulsory attendance laws for public education violated the Free Exercise Clause
Stone v Graham
SCOTUS ruled that the posting of the 10 commandments in public schools violated the Establishment Clause
Van Orden v Perry
The 10 Commandments may be posted in public courthouses due to historical context
Wallace v Jaffree
SCOTUS ruled that moments of silence in public schools violate the Establishment Clause - if they suggest the use of prayer
Westside v Mergens
SCOTUS ruled that public school bans before/after hours bible clubs violate the Free Exercise Clause
Equal Access Act
Bans discrimination in public schools on religion and politics
Lee v Weisman
SCOTUS ruled that prayer at graduation ceremonies violates the Establishment Clause - UNLESS it is student led
Santa Fe School District v Doe
SCOTUS Ruled that loudspeaker prayer at public school events violated the Establishment Clause - unless it is student-led and student-initiated
Zelman v Simmons
SCOTUS ruled that tax vouchers are constitutional payments for private religious school tuition
Greece, NY v Galloway
SCOTUS upheld the right of inmates to violate prison dress codes in the name of religious expression
Cutter v Wilkinson
SCOTUS upholds prisoner rights to practice Satanism
Kennedy v Bremerton School District
SCOTUS upheld the right of public school sports coaches to lead their teams in prayer on the field of play after coaching
Epperson v Arkansas
SCOTUS denies state to not teach Evolution
Edwards v Agiullara
SCOTUS says the state cannot be required to teach creationism AND evolution
Note 
Flashcard (24)