unit 2 test gov

anti-federalists oppositions

lack of protections for ppl from gov - too centralized

bill of rights appeased for anti feds

guaranteed protections through outlining rights

selective incorporation

used by supreme court to ensure states don’t remove rights

applies due process and others

rights not selectively incorporated to the states

5th - right to indictment by grand jury

7th - right to jury trial in civil lawsuits

when civil rights/liberties may be denied

some get in the way of others and some are ignored for safety of society

ex. WWII japanese Americans being moved west

establishment clause

‘congress shall make no law respecting the establishment of religion’

ex. all religious places exempt from taxes

free exercise clause

1st amendment. ‘congress shall make no law prohibiting the free exercise of religion’

ex. Amish still have to pay social security taxes

lemon test

1. entanglement - must not cause ‘excessive gov entanglement’ w/ religious affairs

2. effect - cant advance/prevent religious practice

3. purpose - must have a secular legislative purpose

1st amendment protections

speech, relig, press, assembly, petition

speech in 1st

guaranteed self expression in spoken/written word and communication, wide ranging discussion of affairs. does not apply to malicious intent

relig in 1st

free exercise and establishment clauses

press in 1st

unfiltered and uncensored by gov

assembly in 1st

organize to influence public policy in parties, interest groups, or other organizations. freedom of association

petition in 1st

bring views to attention of public officials by written petitions, letters, ads, parades, lobbying or marches

freedom of speech

protects view of minority

slander

false/malicious spoken words

libel

false/malicious printed words

symbolic speech

expressing yourself with your conduct (body language, signs, clothing)

civil disobedience

when you purposely, but peacefully, violate the law

ex. civil rights movement, Gandhi in India for their independence movement

non violent protests

allows people to see meaning and not look at violence involved

more successful than violent protests

procedural due process

methods/the how of gov action must be fair

substantive due process

meaning/the what of what the law or action must be fair

protects in 2nd amendment

• right to own and use weapons

• fed ban on guns in school and fed buildings

  • felons and mentally ill not allowed to own guns

miranda v Arizona

miranda convicted of kidnap and rape and not told right before interrogated

called for violation of 5th amendment and not overturned. convicted

warrant

doc granting search and seizure of evidence passed on probable cause or evidence of a crime

exclusionary rule

Evidence gained as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized.

applied to states with mapp v Ohio (1961)

writ of habeas corpus

protects innocent people from being convicted

capital punishment

death penalty

decided by states

ex post facto laws

law applied to an act committed before passing of that law

cannot be convicted

treason

levying war against USA/helping enemies

sabotage in peace times

double jeopardy

once a person has been tried for a crime, they cannot be tried again for that same crime

affect the price of bail

• reputation

• financial state

• flight risk

  • severity of alleged crime

2 ways for citizenship

natural born

naturalization

lose citizenship

fraud

civic duties of US citizens

• obey laws of US

• promptly declare taxes

• enroll in selective service program (18-25)