DE Government Unit 5

Due Process

requires the government follow fair procedures before depriving anyone of life, liberty, or property

Procedural Due Process

procedures and methods that the government must follow before it can take away an individual's life, liberty, or property.

Substantive Due Process

The actual policies and laws themselves and whether they infringe upon fundamental rights

Unreasonable Search + Seizure Clause

Protects individuals from government intrusions into their privacy without justification

Warrants Clause

Establishes that warrants must be based on probable cause, supported by oath or affirmation, and specifically describe the place to be searched and items to be seized

Probable Cause

reasonable belief, based on facts, that a crime has been or is being committed

4th amendment

right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

warrant

document issued by a judge or magistrate that authorizes law enforcement to perform specific actions

oath or affirmation

Officers must swear that the information they are providing is true

particularity requirement

Warrants must be very specific

reasonable suspicion

specific, articulable belief that criminal activity may be occurring

arrest warrant

Authorizes police to detain a specific person

search warrant

Authorizes police to search a specific place

plain view doctrine

warrants not needed when illegal items are clearly visible

exingent circumstances

warrants not needed when there is an emergency

stop and frisk

warrant not needed when based on reasonable suspicion from Terry v. Ohio

exclusionary rule

prohibits evidence obtained illegally from being used in a trial

5th amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

grand jury

Requires serious criminal charges to be initiated by a grand jury indictment, except for military cases during wartime

takings clause

Prohibits the government from taking private property for public use without providing just compensation

self incrimination

Protects individuals from being compelled to testify against themselves in criminal cases

double jeopardy

Protects against being tried twice for the same offense after acquittal or conviction

speedy trial

Ensures that defendants are not subjected to prolonged incarceration or delays before trial

public trial

Requires trials to be open to the public to ensure fairness and accountability

impartial jury

Guarantees the right to a fair trial by an impartial jury in the district where the crime occurred

notice of association

Requires that defendants be informed of the charges and evidence against them

compulsory process

Provides the ability to compel witnesses to testify in the defendant’s favor

confrontation

Grants the right to confront and cross-examine witnesses testifying against the defendant

assistance of counsel

Ensures the right to legal representation, even if the defendant cannot afford an attorney

excessive bail

government cannot set excessively high bail amounts that would be unreasonable or used as a punishment before trial

excessive fines

government cannot impose overly large fines, ensuring that monetary penalties are fair and proportionate to the offense

cruel and unusual punishment

Punishments for crimes cannot be barbaric, inhumane, or grossly disproportionate to the crime committed

1st amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

establishment clause

government cannot establish an official religion or favor one religion over others so to ensure the separation of church and state

separationist

argues for a strict "wall of separation" between church and state

accommodationist

the government is permitted to support or interact with religion, provided it does not show preference to one religion over another or favor religion over non-religion

lemon v kurtzman

Does the law have a secular (non-religious) purpose?

Does it help or hurt religion?

Does it create too much government “entanglement” with religion?

If the answer fails any, the law is unconstitutional.

Kennedy v. Bremerton School District

Focus less on strict rules, more on whether the government is coercing people or punishing religious activity….

Government can’t stop someone from expressing their faith privately or in certain public settings, but it still can’t force religion on others.

This makes it more flexible than the old Lemon Test in determining the constitutionality of a law

Sherbert v. Verner

If a law burdens someone’s religious practice, the government has to show a “compelling interest” (a very strong reason) and that the law is the least restrictive way to do it.

Protected religious practices strongly

Oregon v Smith

If a law is neutral and generally applies to everyone, it doesn’t have to make exceptions for religious reasons.

Ex: If everyone has to follow a drug law, even for religious reasons, the law still applies.

This weakened protections for religious practices unless Congress or states create exemptions

Freedom of Expression

paramount to a democratic society especially in regards to speech, assembly, and press

Pure Speech

Spoken or written words expressing ideas, opinions, or beliefs

Symbolic Speech

Nonverbal actions or symbols that communicate a message or idea

Speech+

Speech accompanied by conduct, such as protesting or marching

Commercial Speech

Speech intended to promote a product, service, or business

Prior Restraint

government cannot censor or prevent the publication of information before it is released to the public

Shield Laws

Legal protections for reporters

Actual Malice Standard

requires public officials and figures in libel cases to prove a statement was made with knowledge of its falsity or reckless disregard for the truth

Alien + Sedition Acts

four laws passed by a Federalist Congress and signed by President John Adams to restrict the political power of immigrants and stifle Democratic-Republican opposition. They increased citizenship requirements, authorized the deportation of foreign nationals, and criminalized false, scandalous writing against the government

Peter Zenger Trial

Zenger, a printer, was acquitted of seditious libel for criticizing colonial Governor William Cosby, establishing the principle that truth is a defense against libel and affirming the right of juries to decide both law and fact.

Freedom of Assembly

protects the ability of people to gather together peacefully to express their views on matters of public concern

Freedom/Right to Petition

allows individuals and groups to express their views and concerns to government officials and to seek changes in government policies or actions

Time, Place, + Manner Restriction

content-neutral, legally permissible government limitations on when, where, and how speech occurs in public spaces. These regulations balance First Amendment rights with public order, requiring they be narrowly tailored to serve significant interests and leave open alternative communication methods.

Imminent Lawless Action

Speech is unprotected if it is intended to, and likely to, incite immediate illegal acts. It distinguishes mere advocacy of violence (protected) from inciting immediate riot or crime (unprotected).

Freedom of the Press

hallmark of democracy since the invention of the printing press

Women’s rights

began at the Seneca Falls conference in 1848 by leaders such as Lucretia Mott, Susan B. Anthony and Elizabeth Cady Stanton

19th amendment

legally guaranteed American women the right to vote by prohibiting the denial of voting rights based on sex

Equal Rights Amendment

written by Alice Paul that stated that the tenants of the 14th amendment applied to women as well…not passed until 1972…failed to be ratified by the states

National Organization for Women (NOW)

highlighting the women's rights movement and the use of the 14th Amendment's Equal Protection Clause to push for equality. NOW lobbies for legislation (e.g., ERA), litigates against discrimination, and uses protest to influence policy on reproductive rights and workplace equality

Reed v. Reed

discrimination on gender

Craig v. Boren

sets medium scrutiny

Roe v. Wade

Upheld the legality of abortion

Dobbs v. Jackson

overturned roe v wade, left abortion legality to the states

Title IX

added as an amendment to the Civil Rights Act prohibited gender discrimination in any school or education program receiving federal money

Comparable Worth

Wage discrimination and salary gaps (women are paid $.81 for every $1.00 earned by a man)

Bowers v. Hardwick

allowed states to ban homosexual relationships)...overturned by Lawrence v. Texas

Obergefell v. Hodges

has legalized same sex marriage (now codified with the Respect for Marriage Act)

Respect for Marriage Act

requires the U.S. federal government and states to recognize valid same-sex and interracial marriages performed in other states. While it does not codify a nationwide right to marry, it ensures federal benefits for married couples regardless of sex, race, ethnicity, or national origin

American with Disabilities Act

Requires employers and administrators of public facilities to make “reasonable accommodations”, cannot discriminate against qualified individuals with disabilities in hiring, promotions, job assignments, training, or firing, State and local governments must provide equal access to programs, services, and activities, Phone and internet companies must provide relay services for individuals with hearing and speech disabilities, tv public service announcements must include closed captioning