POSI TEST 1 STUDY GUIDE PT 1 CIVIL LIBERTIES

US Constitution does what

Outlines the structure of the US federal government

How does amending work?

2/3 of the members of the US house and Senate and 3/4 of the states can amend the US constitution

What is the Bill of Rights?

The first 10 amendments to the US Constitution

When was the US Constitution established?

1787

The first amendment protects what

Speech Association, religion, press, and assembly

The 14th amendment in 1868 did what?

Protected individuals from state governments. Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

John Milton

wrote Aeropagitica in 1644

Jon Stuart Mill

Wrote on liberty in 1859

Both of these authors did what?

Defended the right of individuals to freely express their thoughts

Free speech can be limited if

It is libel, which is false or defamation. Obscene which is indecent. Or poses imminent danger, which is immediate danger.

Chaplinsky

Established fighting words doctrine

Schenk versus US

Established clear and present danger

Texas versus Johnson

Said burning the US flag is protected speech

New York Times V US

Establish prior restraint

New York Times V Sullivan

established actual malice as a libel standard

Roe v. Wade

Said the Bill of Rights protected the right to an abortion

Lemon v. Kurtzman

Said aid to religion must have a secular purpose

Masterpiece bake shop

Said Baker's had to bake a wedding cake for gay couples

Fourth amendment

Prohibits, unreasonable, searches and seizures. Except with probable cause.

Fifth amendment

Protect you from testifying against yourself

Sixth amendment

Guarantees the right to a speedy public trial with an impartial jury

Seventh amendment

Protect your right to a trial by jury of your peers

Eighth amendment

Prohibits, cruel, and unusual punishment

What are the fourth amendment cases?

Mapp v Ohio, Miranda, Riley

How are Texas judges, elected

Partisan or by voters

How are federal judges, elected

They are appointed by the president and confirmed by the Senate

Crimes

Misdemeanor crimes are the least serious

Felonies are serious

Capital Felony is the most serious