gov unit 3

The U.S. Constitution includes a __________________________ specifically designed to protect individual liberties and rights.

bill of rights

The Bill of Rights consists of ______________________________________________________,

which enumerate the liberties and rights of individuals.

first 10 amendments

The interpretation and application of the First Amendment’s establishment and free exercise clauses reflect an ongoing tension between government power to _______ ____________ and an individual’s right to ______________ __________________.

power of gov to make laws; religious freedom

Efforts to balance _________ _____________ and ________________ _______________ are reflected in interpretations of the First Amendment that limit speech, including:

social order; individual freedom

1. Time, place, and manner regulations

2. Limits on some obscene and offensive communication

3. Protections against defamation (libel, slander)

4. Restrictions on speech that creates a “clear and present danger”

Civil Liberties

individual rights protected by law from governmental interference, ensuring personal freedoms and the protection of citizens against abuses of power.

Defamation:

any false information that harms the reputation of a person, business, or organization

Libel:

a published false statement that is damaging to a person's reputation; a written defamation.

Slander:

The Supreme Court bolstered freedom of the press, affirming support for a heavy presumption against __________ ___________________ even in cases involving national security.

prior restraint

The Supreme Court’s decisions on the Second Amendment rest upon its constitutional

interpretation of the right to ____________ _________________.

bear arms

Court decisions defining cruel and unusual punishment involve interpretation of the ________ Amendment and its application to __________ ______________ statutes.

Eighth Amendment; death penalty

The debate about the ___________ and _____________ Amendments involves concerns about public safety and whether or not the government regulation of firearms or collection of digital meta data promotes or interferes with ________ _________ and ___________ ____________.

Second and Fourth Amendments

public safety, individual rights

The doctrine of ________________ _____________________ has imposed limitations on state regulation of civil rights and liberties by extending select protections of the Bill of Rights to the states through the _____ ____________ Clause of the _____________________ Amendment.

selective incorporation; Due Process; 14th

The _________ and __________________ Amendments include clauses which state that the government may not infringe on a person’s right to life, liberty, or property without due process of law.

5th, 14th

The Due Process Clause in the ________ Amendment applies to the ________________

government and the Due Process Clause in the ___________ Amendment applies to ________.

5th - national

14th - state governments

Some _________________ _________________ may justify the restriction of individual rights.

government interests (when presents danger to public safety)

__________________ due process requires that government officials use methods that are not arbitrary when making and carrying out decisions affecting constitutionally protected rights.

Procedural

The ____________________ rule requires accused persons’ to be informed of some procedural protections found in the __________ and _____________ Amendments prior to interrogation.

Miranda; 5th + 6th

A ____________ _________________ exception has been sanctioned by the Court that allows unwarned interrogation to stand as direct evidence in court.

“public safety”

Procedural rights of the accused and the prohibition of unreasonable searches and seizures are intended to ensure that citizen liberties are not eclipsed by the need for social order and security, including:

i. The right to legal counsel, speedy and public trial, and an impartial jury

ii. Protection against warrantless searches of cell phone data under the Fourth Amendment

iii. Limitations placed on bulk collection of telecommunication metadata (Patriot & USA Freedom Acts)

The __________________________ rule, as decided by the Supreme Court, stipulates that

evidence illegally seized by law enforcement officers in violation of the suspect’s __________ Amendment rights (including the right to be free from unreasonable searches and seizures) cannot be used against that suspect in criminal prosecution.

exclusionary; 4th

Over time, the Supreme Court has recognized constitutionally protected rights that are not

explicitly listed in the Bill of Rights. These unenumerated rights include the right to ________.

privacy

In a range of cases, the Supreme Court has used _________________________ due process to examine whether government laws and actions are arbitrary infringements of individual rights.

substantive

Civil Rights:

the rights of individuals to receive equal treatment and protection under the law, regardless of characteristics like race, gender, or religion.

Social movements supported and motivated by the Equal Protection Clause of the 14 Amendment include:

Civil Rights, women’s rights, pro-life, pro-choice

Court rulings and government policies that have come in response to social movements

include:

• Brown v Board; Civil Rights Act of 1964

• Title IX of Education Act Amendment of

  1972

• Votings Rights Act of 1965

Affirmative Action:

policies and practices designed to promote equal opportunity in education and employment for historically marginalized groups, particularly racial minorities and women.