Bill of Rights and the Constitution Flashcards

Flashcards covering the Bill of Rights and the Constitution for US Government Honors.

What are the freedoms guaranteed in the First Amendment?

Speech and Press, Religion, Assembly and Petition

Name key limitations of the First Amendment regarding speech.

Seditious Speech, Obscenity, Fighting Words, Libel, Slander, False Advertising, and Perjury

What is the Clear-and-Present Danger Test?

Deals with seditious speech and asks if the speech creates a clear and present danger.

What is Miller v. California?

Deals with obscenity.

What is Chaplinsky v. New Hampshire?

Deals with fighting words.

What is Texas v. Johnson?

Deals with symbolic speech.

What is Tinker v. Des Moines and Morse v. Frederick?

Deals with student speech.

What is a key limitation on the right to assemble?

Assembling cannot provoke others to violence.

What conditions must the legislature have to pass strict scrutiny?

The legislature must have a compelling government interest, the law must be narrowly tailored to achieve that interest, and the law must be the least restrictive means of achieving that interest.

What are the two key religious freedom clauses?

Establishment Clause and Free Exercise Clause

What is Engel v. Vitale (1962), Lee v. Weisman (1992), Wallace v. Jaffree (1985), and Santa Fe v. Doe (2000)?

Deals with school prayer and generally prohibits mandatory prayer in public schools.

What is Lemon v. Kurtzman (1971)?

Deals with aid to parochial (religious) schools.

What is Edwards v. Aguillard?

Deals with school content.

What does the 2nd Amendment guarantee?

Guarantees the right to bear arms.

What protection does the 4th Amendment provide?

Protects against unreasonable search and seizure.

What does the 5th Amendment guarantee?

Guarantees due process.

What rights are protected by the 6th Amendment?

Guarantees court rights, including a speedy trial, jury, witnesses, and representation.

What does the 7th Amendment address?

Guarantees civil court and juries.

What protection does the 8th Amendment provide?

Protects against cruel and unusual punishment.

What does the 9th Amendment address?

Addresses enumerated rights, stating that the rights of the people are not limited to just the rights listed in the Constitution.

What is the focus of the 10th Amendment?

Addresses rights for states (Federalism), stating that the federal government only has the powers that are listed in the Constitution, and any power that is not listed belongs to the states.

What did the 13th Amendment accomplish?

Abolished slavery.

What is guaranteed by the Fourteenth Amendment?

Guaranteed citizenship rights.

What did the 15th Amendment establish?

Guaranteed suffrage for all men regardless of race or national origin.

What did the 17th Amendment establish?

Established a direct election of Senators.

What did the 18th Amendment establish?

Established prohibition (no drinking).

What right did the 19th Amendment guarantee?

Guaranteed women's suffrage.

What did the 21st Amendment accomplish?

Repealed prohibition (yes drinking).

What did the 22nd Amendment establish?

Established term limits for the President.

What change did the 26th Amendment make?

Lowered the voting age to 18.

What is constitutionalism?

Adherence to a constitutional form of government.

What does the principle of majority rule and minority rights entail?

Constitutional and practical applications of majority rule while protecting minority rights.

What does equal protection mean?

Its meaning and practice under the Constitution and associated amendments.

What does the Bill of Rights and the protections of civil rights and liberties provide?

What the Bill of Rights looks like in historical and contemporary practice; reasons for and ways in which rights and liberties guaranteed may be limited.

What is the importance of elections in American democracy?

The importance of free, fair, and secure elections.

What are the first three articles of the US Constitution focus on?

Article I: The Legislative Branch, Article II: The Executive Branch, Article III: The Judicial Branch

Article IV of the US Constitution contains?

The Full Faith and Credit Clause and the admittance of new states

Article V of the US Constitution contains?

The Amendment Process

What is Article VI of the US Constitution about?

The Supremacy Clause

What is Article VII of the US Constitution about?

Ratification

What should students know about the clauses of the United States Constitution?

Knowing the significant clauses of the Constitution and how have they been interpreted and applied over time

What is the Social Contract according to Locke?

Locke and Consent of the Governed

Who is associated with Checks and Balances/Separation of Powers?

Montesquieu and limited government

What is Rule of Law?

Essential component of democratic government, limits on the use of power by government

What is Due Process?

Fair procedures within the boundaries of the law

What is Equality under the Law?

Equal treatment and equal protection without the guarantee of equal outcomes

What is Popular Sovereignty?

Government is created by and subject to the will of the people

What are Natural Rights and Natural Law?

As understood by the Founders and seen in our founding documents

What is Federalism?

What does federalism look like in theory and in practice

What is the significance of Individual Liberty?

The importance of political and religious liberty to the Founders

What is Republicanism and Representative Democratic Government?

The constitutional guarantee of a republican (representative) form of government for each state