FOG unit 2

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?

1. everyone has right to believe whatever they choose to believe

2. doesn’t give right to violate criminal law

What are the two purposes of Freedom of Speech?

1. guarantee each person a right of free expression in spoken and written words

2. guarantee to all people wide-ranging discussion

What are the 3 instances where Free Speech is not protected?

1. libel

2. slander

3. 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)

1. right to remain silent

2. anything you say can be used against you

3. right to a lawyer

   1. “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