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Why did the Framers of the Constitution want a Bill of Rights?
they didn’t want to rewrite the Constitution
What is the 1st Amendment?
Freedom of religion, speech, press, assembly, petition
What is the 2nd amendment?
right to bear arms
What is the 3rd amendment?
No quartering of soldiers
What is the 4th Amendment?
Freedom from unreasonable search and seizure
What is the 5th amendment?
Right to due process of law, freedom from self-incrimination, double jeopardy
What is the 6th amendment?
Right to a speedy and public trial
What is the 7th amendment?
Right of trial by jury in civil cases
What is the 8th amendment?
Freedom from excessive bail, cruel and unusual punishment
What is the 9th amendment?
Other rights to the people
What is the 10th amendment?
rights reserved to the states
LIBERTIES OR RIGHTS:
freedom from
liberties
LIBERTIES OR RIGHTS:
freedom of
rights
LIBERTIES OR RIGHTS:
voting
right
LIBERTIES OR RIGHTS:
bear arms
liberty
Are non- residents protected under the Constitution at all times? When would they not be?
yes; if they’re an alien
How are the states affected by the Constitution? Which amendment set that up?
Any powers not listed in Constitution either go to the people or states; 10
What does separation of church and state mean?
can’t influence or interfere with one another
What is the lemon test?
test used by Congress to see if the law interferes with religion
What are the three prongs of the lemon test?
Entanglement Prong, Effect Prong, Purpose Prong
In the lemon test, describe the entanglement prong.
law can’t have excessive government entanglement with religious affairs
In the lemon test, describe the effect prong.
can’t advance or prevent religions
In the lemon test, describe the purpose prong.
must have a secular legislative purpose
Does the US support religion?
yes
What are the 2 parts of Free exercise of religion?
everyone has right to believe whatever they choose to believe
doesn’t give right to violate criminal law
What are the two purposes of Freedom of Speech?
guarantee each person a right of free expression in spoken and written words
guarantee to all people wide-ranging discussion
What are the 3 instances where Free Speech is not protected?
libel
slander
sedition
What is symbolic speech and what are examples of it?
expressing yourself with your behavior
body language
carrying a sign
to organize to influence public policy
assemble
bring views to the attention of public officials
petition
right to join with others to promote political, economic, and social causes
freedom of association
government isn’t allowed to take away people’s rights with ______
due process
How does the 13th Amendment affect society?
ended all forms of slavery
How does the state use police power to keep the community safe?
authority of each state to act to protect
type of government where it is limited to things they can and cannot do
limited government
type of government where there are no means of restraining power
unlimited government
What are examples when the police power conflicts with Civil Liberties?
drunk driving
Having to do with police power protecting the public, what are examples of them protecting HEALTH?
limit sales of alcohol and tobacco
Having to do with police power protecting the public, what are examples of them protecting SAFETY?
seat belts, weapon laws
Having to do with police power protecting the public, what are examples of them protecting MORALS?
gambling laws
Having to do with police power protecting the public, what are examples of them protecting WELFARE?
education laws, help medically needy
rule that says that evidence obtained illegally cannot be used against a person in court
exclusionary rule
Miranda rights (4)
right to remain silent
anything you say can be used against you
right to a lawyer
“take the 5th”
What are defined as cruel and unusual punishments?
drawing and quartering, crucifixion, burning at the stake
Is the death penalty considered cruel and unusual punishment?
no
levying war against the USA or helping their enemies
treason
How is treason punished during wartime?
sentenced
How is treason punished during time of peace?
charged with sabotage
What are the two ways to become a US citizen?
birth and naturalization
Can you lose citizenship? If so, how?
Yes, by renouncing it
What are the rights and responsibilities of a US citizen?
vote
respect individual rights
pay taxes
legal process by which a person can become a citizen of another country some time after birth
naturalization
court order can take away a naturalized citizenship if you gained citizenship through fraud
denaturalization
false and malicious use of printed words
libel
false and malicious use of spoken words
slander
crime of attempting to overthrow the government by force or disrupt its lawful activities by violence
sedition
prevents unjust arrests and imprisonents
Writ of Habeas Corpus
example of this law is….
drinking age is raised to 25 tomorrow; can’t arrest people drinking at 21 today
ex post facto law
“no person can be twice put in jeopardy of life or limb”
double jeopardy
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Flashcard (25)