Unit 3: 3.1-3.9

studied byStudied by 111 people
5.0(1)
get a hint
hint

Bill of Rights

1 / 63

Tags & Description

Studying Progress

0%
New cards
64
Still learning
0
Almost done
0
Mastered
0
64 Terms
1
New cards

Bill of Rights

The first ten amendments to the Constitution

New cards
2
New cards

Civil Liberties

Constitutional freedoms guaranteed to all citizens

New cards
3
New cards

public interest

The best interests of the overall community; the national good, rather than the narrow interests of a particular group.

New cards
4
New cards

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

New cards
5
New cards

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

New cards
6
New cards

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

New cards
7
New cards

Seventh Amendment

Right to a trial by jury in civil cases

New cards
8
New cards

Ninth Amendment

states that people's rights are not limited to just those listed in the Constitution.

New cards
9
New cards

Tenth Amendment

Amendment stating that the powers not delegated to the federal government are reserved to the states

New cards
10
New cards

Engel v. Vitale (1962)

Struck down state-sponsored prayer in public schools. Ruled that the Regents' prayer was an unconstitutional violation of the Establishment Clause.

New cards
11
New cards

Wisconsin v. Yoder (1972)

Compelling Amish students to attend school past the eighth grade violates the free exercise clause

New cards
12
New cards

Vouchers

Money government provides to parents to pay their children's tuition in a public or private school of their choice.

New cards
13
New cards

Everson v. Board of Education (1947)

The Supreme Court upheld a local government program that provided free transportation to parochial school students as it was not in violation of the establishment clause.

New cards
14
New cards

Establishment Clause

A First Amendment provision stating that "Congress shall make no law respecting an establishment of religion."

New cards
15
New cards

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

New cards
16
New cards

Religion Freedom Restoration Act (RFRA) of 1993

U.S. legislation that originally prohibited the federal government and the states from "substantially burden[ing] a person's exercise of religion" unless "application of the burden...is in furtherance of a compelling governmental interest" and "is the least restrictive means of furthering that...interest."

New cards
17
New cards

Lemon v. Kurtzman (1971)

Three tests gleaned from the Supreme Court Establishment Clause cases are: first, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster an excessive government entanglement with religion. In order to determine whether the government entanglement with religion is excessive, a court must examine the character and purposes of the institutions that are benefited, the nature of the aid that the state provides, and the resulting relationship between the government and the religious authority.

New cards
18
New cards

"Wall of Separation"

An interpretation of the establishment clause embraced by the Supreme Court that allows no government involvement with religion, even on a non-preferential basis.

New cards
19
New cards

"Clear and Present Danger" Test

test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society

New cards
20
New cards

"Time, Place, and Manner" Test

Regulation of where and when the expression is made as opposed to what is said. First Amendment doctrine is more tolerant of time, place, and manner restrictions than of content regulations.

New cards
21
New cards

Miller v. California (1973)

Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value

New cards
22
New cards

Obscene Speech

Speech that (1) appeals to the prurient interest, (2) depicts sexual conduct in a patently offensive way, and (3) lacks serious literary, artistic, political, or scientific value.

New cards
23
New cards

Schenck v. United States (1919)

Speech creating a "clear and present danger" is not protected by the First Amendment

New cards
24
New cards

Symbolic Speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

New cards
25
New cards

Tinker v. Des Moines Independent School District (1969)

Students in an Iowa school were suspended for wearing black armbands to protest the Vietnam war. Ruled that this suspension was unconstitutional, and that public school students do not "shed their constitutional rights at the schoolhouse door."

New cards
26
New cards

"Breathing Space"

Government officials should not create an atmosphere or pass laws where individuals are chilled from speaking out and expressing their ideas. Oftentimes, more questionable speech is protected in order to provide "breathing space" for other expression.

New cards
27
New cards

Libel

A written defamation of a person's character, reputation, business, or property rights.

New cards
28
New cards

Malicious Intent

behavior of knowingly and deliberately causing harm

New cards
29
New cards

Near v. Minnesota (1931)

The Supreme Court decision holding that the First Amendment protects newspapers from prior restraint.

New cards
30
New cards

New York Times v. United States (1971)

"Pentagon Papers;" government must prove actual harm to national security if it seeks prior restraint to censor the press

New cards
31
New cards

New York Times v. Sullivan (1964)

To sustain a claim of defamation or libel, the First Amendment requires that the plaintiff show that the defendant knew that a statement was false or was reckless in deciding to publish the information without investigating whether it was accurate.

New cards
32
New cards

Prior Restraint

government censorship of information before it is published or broadcast

New cards
33
New cards

Brady Handgun Violence Prevention Act (1993)

Also known as the Brady Law, this legislation imposes a waiting period of 5 days after a person applies to purchase a gun. The waiting period is designed to give the FBI time to ensure that the person is eligible to buy a gun and that there is no reason to oppose it.

New cards
34
New cards

Prevention Act (1993)

On November 30, 1993, the Brady Handgun Violence Prevention Act was enacted, amending the Gun Control Act of 1968. The Brady Law imposed as an interim measure a waiting period of 5 days before a licensed importer, manufacturer, or dealer may sell, deliver, or transfer a handgun to an unlicensed individual.

New cards
35
New cards

Gun Control Act of 1968

Signed into law by LBJ following the assassination of JFK, this federal law regulates the firearms industry and firearms owners. It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers, and importers in order to disarm "the criminal, and the careless, and the insane."

New cards
36
New cards

National Firearms Act of 1934

Written in order to curb the "gangland crimes" this act imposed a tax on the making and transfer of firearms defined by the Act, as well as a special (occupational) tax on persons and entities engaged in the business of importing, manufacturing, and dealing in NFA firearms. The law also required the registration of all NFA firearms with the Secretary of the Treasury. Firearms subject to the 1934 Act included shotguns and rifles having barrels less than 18 inches in length, certain firearms described as "any other weapons," machine guns, and firearm mufflers and silencers.

New cards
37
New cards

Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

New cards
38
New cards

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

New cards
39
New cards

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

New cards
40
New cards

Writs of Assistance

It was part of the Townshend Acts. It said that the customs officers could inspect a ship's cargo without giving a reason. Colonists protested that the Writs violated their rights as British citizens.

New cards
41
New cards

Furman v. Georgia (1972)

State death penalties (as then applied) are arbitrary and violate equal protection of 14th Amendment.

New cards
42
New cards

Gregg v. Georgia (1976)

Established that the death penalty does not necessarily violate the Constitution

New cards
43
New cards

Selective Incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

New cards
44
New cards

Due Process

fair treatment through the normal judicial system, especially as a citizen's entitlement.

New cards
45
New cards

Fourteenth Amendment

A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians.

New cards
46
New cards

"Just Compensation" Clause

The purpose of __________________ is to return the owner of the taken property to the original financial position they had been in prior to the government's taking, as though there had been no governmental taking at all.

New cards
47
New cards

McDonald v. Chicago (2010)

The Second Amendment right to keep and bear arms for self-defense is applicable to the states

New cards
48
New cards

District of Columbia v. Heller (2008)

Ruled the 2nd Amendment protects an individual's right to possess a firearm for lawful, private use (Roberts Court)

New cards
49
New cards

Procedural Due Process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

New cards
50
New cards

"Search and Seizure"

the process by which the police or other authorities who suspect that a crime has been committed do a search of a person's property and collect any relevant evidence to the crime

New cards
51
New cards

Exclusionary Rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

New cards
52
New cards

Weeks v. United States (1914)

Established the exclusionary rule in federal cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in court.

New cards
53
New cards

Mapp v. Ohio (1961)

Extended the Exclusionary Rule to the states, increasing the protections for defendants

New cards
54
New cards

New Jersey v. TLO (1985)

addresses the constitutionality of a search of a public high school student for contraband after she was caught smoking. A subsequent search of her purse revealed drug paraphernalia, marijuana, and documentation of drug sales. The U.S. Supreme Court, in a 6-3 ruling, held that the search was reasonable under the Fourth Amendment.

New cards
55
New cards

USA Freedom Act (2015)

replaced patriot act when it expired on June 1, 2015. banned bulk collection of data, new reporting requirements, extended the expiration of roving wiretaps and lone wolf surveillance authority to Dec. 2019

New cards
56
New cards

Miranda v. Arizona (1966)

The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent.

New cards
57
New cards

"Public Safety" Exception

An exception to Miranda requirements that permits police to immediately question a suspect in custody without providing any warnings, when public safety would be jeopardized by their taking the time to supply the warnings.

New cards
58
New cards

Metadata

data that describes other data

New cards
59
New cards

Gideon v. Wainwright (1963)

Supreme Court case in which the Court ruled that a defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one.

New cards
60
New cards

Substantive Due Process

De process guarantees of the Fifth and Fourteenth Amendments to protect certain rights that are not listed (or "enumerated") in the Constitution. The idea is that certain liberties are so important that they cannot be infringed without a compelling reason no matter how much process is given.

New cards
61
New cards

Griswold v. Connecticut (1965)

Supreme Court decision in which the Court ruled that the Constitution implicitly guarantees citizens' right to privacy. A right to privacy can be inferred from several amendments in the Bill of Rights, and this right prevents states from making the use of contraception by married couples illegal.

New cards
62
New cards

Right to Privacy

The right to a private personal life free from the intrusion of government.

New cards
63
New cards

Roe v. Wade (1973)

The court legalized abortion by ruling that state laws could not restrict it during the first three months of pregnancy. Based on 4th Amendment rights of a person to be secure in their persons.

New cards
64
New cards

Hyde Amendment (1976)

excludes abortion from the comprehensive health care services provided to low-income people by the federal government through Medicaid

New cards

Explore top notes

note Note
studied byStudied by 38 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 14 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 75 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 4 people
Updated ... ago
4.0 Stars(1)
note Note
studied byStudied by 3 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 11 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 10 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 1591 people
Updated ... ago
4.7 Stars(14)

Explore top flashcards

flashcards Flashcard36 terms
studied byStudied by 15 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard75 terms
studied byStudied by 6 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard56 terms
studied byStudied by 12 people
Updated ... ago
5.0 Stars(3)
flashcards Flashcard37 terms
studied byStudied by 3 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard67 terms
studied byStudied by 5 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard71 terms
studied byStudied by 99 people
Updated ... ago
5.0 Stars(2)
flashcards Flashcard47 terms
studied byStudied by 22 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard66 terms
studied byStudied by 208 people
Updated ... ago
5.0 Stars(2)