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1st Amendment
Protects freedoms of religion, speech, press, assembly, and petition. It prohibits Congress from making laws that infringe on these rights.
Establishment Clause
Prohibits the government from establishing an official religion.
Location: First Amendment.
Free Exercise Clause
Protects individuals’ rights to practice their religion freely.
Location: First Amendment.
Prior Restraint
Refers to government actions that prevent speech or publication before it occurs, generally considered a violation of the First Amendment.
Near v. Minnesota
Supreme Court ruled that prior restraints on the press are unconstitutional, affirming freedom of the press.
New York Times v. United States
Upheld the right of the press to publish classified documents (Pentagon Papers), reinforcing free press.
DeJonge v Oregon
Affirmed that peaceful political assembly is protected under the First Amendment.
Skokie, Illinois
Known for a legal case involving a Nazi parade and free speech rights.
Feiner v New York
Case involving the limits of free speech, asserting that public safety can outweigh First Amendment rights.
Reynolds v United States
Supreme Court case that upheld the federal law prohibiting polygamy, ruling that religious practices cannot make an individual exempt from general laws.
Schenck v United States
Supreme Court case that established the "clear and present danger" test, ruling that free speech can be limited during wartime if it poses a threat to national security.
Lemon v Kurtzman
Supreme Court case that established the "Lemon test" for determining violations of the Establishment Clause, focusing on government funding for religious schools.
Texas v Johnson
Supreme Court case that ruled burning the American flag is a form of protected free speech under the First Amendment.
Lemon Test
A three-pronged standard used by courts to evaluate whether a law violates the Establishment Clause regarding government interaction with religion.
Francis Bellamy
Author of the original Pledge of Allegiance.
The Youth’s Companion
A magazine that published the original Pledge of Allegiance.
Equal Access Act (1984)
A law that requires public schools to provide equal access to extracurricular activities for all student groups, regardless of their religious, political, or philosophical views.
Charles Oakman (R-Michigan)
Co-sponsored legislation related to religious freedom or free speech.
FACE (Fellowship of Christian Athletes)
Organization promoting Christian values in sports.
Engel v Vitale
Ruled that school-sponsored prayer in public schools violates the Establishment Clause.
Hazelwood School District v Kuhlmeier
Allowed schools to censor student newspapers if content is inappropriate.
Slander
Spoken false statements that damage someone's reputation.
Libel
Written false statements that damage someone's reputation.
Fighting Words
Words that incite violence or retaliation, not protected by the First Amendment.
Pure Speech
Verbal expression of thoughts and opinions protected by the First Amendment.
Symbolic Speech
Nonverbal conduct that expresses ideas, such as flag burning or protesting.
Parochial Schools
Religious private schools.
Freedom of Assembly
Right to gather peacefully for protests, demonstrations, or meetings.
Heckler’s Veto
When authorities suppress speech out of concern that hecklers will cause violence or disorder.
Preferred Position Doctrine
The idea that First Amendment rights are more fundamental than other rights because they form the basis of liberty.
Defamatory Speech
False statements that harm a person's reputation.
Seditious Speech
Speech that advocates for rebellion against authority or government.
Bad Tendency Doctrine
Legal principle allowing suppression of speech that might lead to illegal acts.
Clear and Present Danger
Standard for restricting speech if it poses an immediate threat.
Secular
Non-religious; not affiliated with any religion.
Gag Order
Court order restricting parties from speaking publicly about a case.
Shield Laws
Laws that protect journalists from revealing sources or confidential information.
Picketing
Standing outside a place of business to protest or promote a cause.
Four Purposes of Government
* Maintaining Order
* Providing Security
* Providing Services
* Guiding the Community
Greek Influence
Democracy (Athens)
Roman Influence
Republic (Rome)
Thomas Hobbes' Beliefs
People are naturally selfish and need a strong ruler to maintain order. He believed in an absolute monarchy.
John Locke's Beliefs
People have natural rights (life, liberty, and property). Government's power is limited and derives from the consent of the governed.
Baron de Montesquieu's Beliefs
Separation of powers (legislative, executive, judicial) is crucial to prevent tyranny.
Jean-Jacques Rousseau's Beliefs & Book
Social Contract Theory; The Social Contract. He believed that government should be based on the general will of the people.
Another Name for the Magna Carta
The Great Charter
Rule of Law
Everyone, including those in government, must follow the law. No one is above the law.
Purpose of the Petition of Rights
Limited the king's power by preventing him from collecting taxes without Parliament's consent, quartering troops in private homes without consent, and imprisoning people without due process of law.
Purpose of the English Bill of Rights
Further limited the monarchy, guaranteed basic rights to citizens, including freedom of speech in Parliament and the right to a fair trial.
Purpose of the Mayflower Compact:
Established a self-governing body among the Pilgrims in Plymouth Colony, laying the groundwork for a democratic system.
Define direct democracy
A form of government where citizens directly participate in decision-making and laws are made by the people themselves.
What is a representative democracy?
A system of government where citizens elect representatives to make decisions and pass laws on their behalf.
Who is Adam Smith?
An economist known as the father of capitalism; he wrote The Wealth of Nations and advocated for free markets and limited government intervention.
Define Unitary System
A government system where most of the political power is held by a central authority, with limited power given to local governments.
Define Federal System
A government system where power is divided between a national (federal) government and smaller political units like states or provinces.
Define Traditional Economy
An economy based on customs, traditions, and barter rather than modern technology or market forces.
Define Market Economy
An economy where supply and demand determine prices, production, and distribution of goods and services with minimal government interference.
Define Command Economy
An economy where the government controls all major aspects of economic activity, including production and distribution.
What is the Mayflower Compact?
An agreement signed by the Pilgrims in 1620 establishing self-governance and majority rule in Plymouth Colony.
Name the two chambers of Congress
The House of Representatives and the Senate.
What is the term of a Congress member in the House?
Two years.
How old must a person be to serve in the House?
At least 25 years old.
Must a representative in the House be a resident of the state they represent?
Yes, they must be a resident of the state they represent.
What is the number of representatives in the House for each state based upon?
The population of the state.
How many representatives are there in the House?
There are 435 representatives.
If there is a vacancy in the House, who is responsible for filling it?
The state governor appoints a replacement or a special election is held.
Define “Impeachment.”
The process of charging a government official with misconduct; it is the formal process of accusing an official of wrongdoings.
Who has the sole power to impeach?
The House of Representatives.
How many senators are there in Congress?
100 senators (2 per state).
How many senators per state?
Two senators per state.
What is the length of a senator’s term?
Six years.
How old must a senator be to serve in Congress?
At least 30 years old.
Who is the President of the Senate?
The Vice President of the United States.
Who has the sole power to try all impeachments? What fraction is needed to convict?
The Senate; two-thirds of the Senators present.
Who presides over all impeachments?
The Chief Justice of the Supreme Court.
Which house can propose any revenue bills?
The House of Representatives.
In order for a bill to become law, what fraction of approval is needed in both houses?
A majority (more than half) in both the House and Senate.
What is the meaning of “necessary and proper” in clause 18 (elastic clause)?
Congress can make all laws needed to carry out its powers, giving it flexibility to pass laws not specifically listed.
List and briefly explain one power denied to the states.
States cannot coin money, make treaties, or impair contracts.
What is the length of a term for the President and Vice President?
Four years.
Who must approve cabinet members?
The President appoints them, but they must be confirmed by the Senate.
What is the president required to do from time to time?
Give the State of the Union address.
How long can a judge serve on the Supreme Court?
For life, during good behavior.
Define treason according to the Constitution
Levying war against the U.S. or giving aid and comfort to its enemies, with proof from at least two witnesses or a confession in court.
Define “extradeition.”
The process of returning a person accused or convicted of a crime to the state where the crime was committed.
How many amendments are there in the Constitution?
27 amendments.
Explain the “supremacy clause.”
The Constitution, federal laws, and treaties are the supreme law of the land, overriding state laws.
Know the following amendments:
1st, 4th, 5th, 21st, 26th
- 1st: Freedom of speech, religion, press, assembly, petition.
- 4th: Protection against unreasonable searches and seizures.
- 5th: Rights against self-incrimination, double jeopardy, and due process.
- 21st: Repealed Prohibition (ended alcohol bans).
- 26th: Lowered the voting age to 18.
How a Bill Becomes a Law
A bill is introduced, assigned to a committee, debated, voted on in both houses, sent to the President, who can sign it into law or veto it. Congress can override a veto with a two-thirds vote.