Ap Gov Unit 2: The bill of rights and civil liberties

study guide

define civil liberties

constitutional rights and freedoms that protect americans from the government

What part of the U.S constitution lists most of the civil liberties americans are entitled to?

The Bill of Rights

Which branch of the federal government is responsible for interpreting the Bill of Rights and settling disputes regarding civil liberties?

Judicial Branch

“The Establishment Clause” and “The Free Exercise Clause” deal with which freedom in the first amendment?

freedom of religion

Explain the first amendment’s “Establishment Clause”

Prohibit sthe government from taking actions that favor one religion over another

Explain the first amendments “Free Exercise Clause”

Prohibits the government from passing laws that limit an individuals right to personal religious beliefs.

Which U.S. Supreme court case declared school sponsored religious activities such as school led prayer violates the first amendment’s establishment clause?

Engel V. Vitale

Which U.S. Supreme court case declared that forcing amish students to go to school past the 8th grade violated the first amendment’s free exercise clause

Yonder V. Wisconsin

Name the three categories of speech protected by the first amendment

Public area, political statements and symbolic speech

Three examples of speech not protected by the 1st amendment

Obscenity, defamation and threats

Which U.S. Supreme court case declared that a speech which created a “clear and present danger” was not protected by the first amendment

Schenck V. United States

Which U.S. Supreme court case declared that school students have free speech rights including the right to symbolically express their political views

Tinker V. De Moines

Freedom of the press is guaranteed by which amendment in the Bill of Rights

first amendment

In regards ot freedom of the press, Which U.S. Supreme court case established a “heavy presumption against prior restraint” and what does this mean?

New York Times V. United States- the government cannot censor news before it is published

The right to ask the government for change is guaranteed by which freedom in the first amendment?

Right to petition the government

Explain what time, place and manner restrictions are in relation to civil liberties

The limitations placed on all forms of free expression.

Explain what time, place and manner restrictions are must be “content neutral” means

The limitations apply to all forms of expression regardless of subject- cannot single out certain ideas to suppress them.

Which amendment deals with the “right to bear arms”

The second amendment

Which Amendment from the Bill of Rights prevents the government from "QUARTERING SOLDIERS" in private homes during peacetime?

3rd amendment

The right to FORM GROUPS and CONDUCT PEACEFUL PUBLIC DEMONSTRATIONS is guaranteed by pited which FREEDOM in THE FIRST AMENDMENT?

freedom of assembly

From WHOM and from WHAT does THE FOURTH AMENDMENT protect citizens?

The police and protects against unreasonable searches and seizures

According to the FOURTH AMENDMENT what must police possess before they can search a person, their home, or their effects?

search warrant

Under what scenarios would police NOT need a search warrant?

exigent circumstances, in plain view, consent is given or you are in school

In regards to the Fourth Amendment and EVIDENCE, explain what "THE EXCLUSIONARY RULE" is

Evidence that is gathered in a way that violates the 4th amendment cannot be used

According to the FIFTH AMENDMENT a person cannot be deprived of life, liberty, or property without DUF PROCESS OF LAW"; WHAT IS due process?

Legal procedures the government must follow before depriving citizen of life liberty and the pursuit of happens (charging with crime)

What does it mean to be INDICTED AND according to THE FITH AMENDMENT WHO indicts an individual

Charged with a crime and a grand jury

What is "DOUBLE JEOPARDY" AND what does THE FIFTH AMENDMENT say about double jeopardy?

If any individual is found not guilty of an offense they cannot be tried again for the same crime

What is "SELF-INCRIMINATION" AND what does THE FIFTH AMENDMENT say about self-incrimination?

Testifying against yourself- 5th says you cannot be forced to self incriminate

What are the due process rights

Speedy trial, right to an attorney, public trial, impartial jury, to know charges, know who is testifying, right to call witnesses, local trial

7th amendment says citizens have the right to what kind of trial

jury trial

what is capital punishment and what amendment goes with this

death penalty and 8th amendment

how is capital punishment a states rights issue

each state can decide if they have the death penalty or not

explain meaning of the 9th amendment

citizens have implied rights that are not directly listed in the bill of rights

what is incorporated freedoms and selective incorporation of freedoms

incorporated is that it protects citizens freedoms from the national AND state government selective incorporation is when they apply freedoms from the bill of rights amendment by amendment

U.S supreme court case about the right to bear arms

Mcdonald V. Chicago

which case incorporated the 6th amendments right to an attorney

Gideon V. WainWright