AP GOV
Be familiar with some of the vague parts of Amendments 1-8 of the Bill of Rights
Ex : Congress shall make no law respecting an establishment of religion
How does the Bill of Rights attempt to limit the power of government?
They put limits on the government's right to control specific civil liberties and rights, many of which were already protected by some of the state constitutions. Liberties protected included freedom of speech, press, religion, and assembly
Why might the government's interests in interpreting the Bill of Rights conflict with the interests of citizens?
The government may interpret the bill of rights in a certain way that could restrict the rights of citizens due to the vague wording found in the bill of rights, leading it to interpretation. (Someone check)
What is meant when it is said that the Bill of Rights is a list of competing rights?
This means a conflict over when a person asserts a constitutional right and the other person asserts a different one. For example: The funeral of a marine that was picketed by a local church that brought signs praising the death of the marine and other outrageous remarks. The father of the marine sued as it causes emotional distress. Freedom of speech vs Emotional Distress
What is the due process clause? How did application of the due process clause apply some of the Bill of Rights to the states? When did this application begin?
The due process Clause denies the government the right, without due process, to deprive people of life, liberty, and property. Beginning in 1897, the Supreme Court said that no state could take private property without paying just compensation, and then in 1925 held, in the Gitlow case, that the federal guarantees of free speech and free press also applied to the states. In 1937, it went much further and said in Palko v. Connecticut that certain rights should be applied to the states
What parts of the Bill of Rights have not been incorporated by the Courts?
The right not to have soldiers forcibly quartered in private homes (Third Amendment)
The right to be indicted by a grand jury before being tried for a serious crime (Fifth Amendment)
The right to a jury trial in civil cases (Seventh Amendment)
The ban on excessive bail and fines (Eighth Amendment)
What is pure speech?
Ideas expressed verbally, using words or emotion to sway a voluntary audience.
What is meant by prior restraint? Are the media generally free from prior restraint? When not?
Censorship, or rules telling a newspaper in advance what it can publish. The news are generally free from prior restraint however in cases that it calls for an illegal act
What did Charles Schenck do? What law did he violate? What did the Court rule in Schenck? (clear and present danger test)
Charles schneck printed and mailed 15,000 fliers to draft-age men arguing that conscription was unconstitutional and urging them to resist. By doing so, Schenck had violated the espionage act. The court ruled that schenck speech was a clear and present danger to the efforts of the government to conscript people for the war.
What was decided in Tinker v. Des Moines?
What was decided in Tinker v. Des moines was that students retain their constitutional right to freedom of speech while in public schools. They said that wearing the armbands or any form of non verbal/non disruptive movement was a form of speech, because they were intended to express the wearer’s views about the Vietnam War.
What is libel and slander? What must be proven in these cases? Why is it harder for public figures to win in libel?
Libel is a written statement that defames the character of another person. If it is oral then it is slander. People must prove that the libelous statement was false. For a public figure , not only that the publication was false and damaging but also that the words were published with actual malice.
What is symbolic speech? How does this affect flag burning? What did the Supreme Court rule?
Symbolic speech is a non-verbal expression that makes a statement. This affects flag burning as the Supreme court ruled that banning flag-burning is to restrict this form of speech, and that would make such a restriction improper. However you can ban acts of symbolic speech if it perpetuates an illegal act.
Why does symbolic speech have less protection than pure speech?
The Court reasoned that giving such symbolic speech the same protection as real speech would open the door to permitting all manner of illegal actions (murder, arson, rape) if the perpetrator meant thereby to send a message.
What speech has no protection?
Speech which one pays to have the public hear. Government can impose a total ban on this speech (example - all tobacco ads on TV were banned decades ago.)
What is the difference between the free exercise clause and the establishment clause?
The free exercise clause means that congress cannot restrict exercising religion with the establishment clauses to mean that the Constitution erects a "wall of separation" between church and state.
How did Engel v. Vitale restricts government from religious involvement?
The Court ruled that the school-sponsored prayer was unconstitutional because it violated the Establishment Clause. The Court also said that preventing the government from sponsoring prayer does not indicate hostility toward religion. TLDR: cannot sponsor religion
Why has the establishment clause provoked so many disputes?
It has provoked many disputes due to constantly changing efforts to determine the establishment clause's meaning. The court has narrowed it down into three ways Religion and government can intersect. It has a strictly secular purpose. 2. Its primary effect neither advances nor inhibits Religion. 3. It does not foster an excessive government entanglement with Religion.
Where did the phrase "wall of separation" come from? Why have there been disputes about this "wall?"
The Supreme Court had to decide what the establishment clause meant. It has declared that these words do not simply mean no national religion but mean as well no government involvement with religion at all. They meant erecting a "wall of separation" between church and state. There's been disputes as many wanted to integrate things like prayer in schools but the court has decided otherwise.
What is the "three part test" the Court has developed regarding religious activities (the Lemon test)
1. It has a strictly secular purpose.
2. Its primary effect neither advances nor inhibits religion.
3. It does not foster an excessive government entanglement with religion.
When are religious beliefs not protected by the First Amendment?
Actions that violate social duties or laws binding other citizens, even when the law goes against your religious beliefs
What were the competing interests in Yoder? What was decided?
The views of the state vs exercise of religion. The Supreme Court held that the Free Exercise Clause of the First Amendment, as incorporated by the 14th Amendment, prevented the state of Wisconsin from compelling the respondents to send their children to formal secondary school beyond the age of 14.
How do the 4th, 5th, 6th and 8th Amendments protect the rights of those arrested?
Fourth Amendment: Protects against unreasonable searches and seizures. Requires search and arrest warrants to be based on probable cause. Ensures that warrants describe specifically what is to be searched or seized.
Fifth Amendment: Protects against self-incrimination, meaning individuals cannot be compelled to testify against themselves. Guarantees the right to due process, ensuring fair treatment through legal proceedings. Prohibits double jeopardy, preventing a person from being tried twice for the same offense.
Sixth Amendment: Ensures the right to a speedy and public trial by an impartial jury. Guarantees the right to be informed of the nature and cause of the accusation. Provides the right to confront witnesses and to have legal representation.
Eighth Amendment: Prohibits cruel and unusual punishment.
(Mapp, Gideon, Miranda, Furman, and Roper v. Simmons)
Mapp v. Ohio (1961): Evidence illegally gathered by the police may not be used in a criminal trial.
Gideon v. Wainwright (1964): Persons charged with a crime have a right to an attorney even if they cannot afford one.
Miranda v. Arizona (1966): Court describes warning that police must give to arrested persons.
Furman v. Georgia: The death penalty is unconstitutional under the Eighth Amendment prohibition against cruel and unusual punishment
Roper v. Simmons: It is unconstitutional to impose the death penalty for a crime committed by a child under the age of 18
Do these make the government's job of prosecuting criminals easier? harder? Explain.
These do not make it easier for the government to prosecute criminals as they must do it perfectly legally or the criminal would have an out to escape punishment if fit by a good lawyer. Things like warrants and evidence must be gathered correctly or the entire cause is invalid.
What is the exclusionary rule? Are there exceptions? (good faith, plain view, public safety)
Improperly gathered evidence may not be introduced in a criminal trial. There are exceptions with good faith (error in gathering evidence sufficiently minor that it may be used in a trial), plain view ( unrelated evidence found in plane view during an investigation) and public safety ( police can question an un-Mirandized suspect if there is an urgent concern for public safety)
What must be included in a search warrant? When can your house be searched without a warrant?
A search warrant must contain the name of the issuing court, specify whether it has been obtained through an oral application, include the name of the police officer to whom it is addressed, provide a description of the property subject to the search, and designate or describe the place, premises, or person to be searched. Your house can be searched without a warrant if deemed someone's life is in imminent danger or illegal activity is clearly deduced ie: a gunshot
How did the decision in Miranda change police procedure? When must the Miranda warning be given?
Rights must be read before questioning and you must be informed in your language about those rights and with a lawyer instead of you prior being forced or coerced to give information without a lawyer present
Can a suspect waive his/her rights?
Yes they can
Is the Second Amendment a “fundamental” right?
Yes it is the right to bear arms and has been defended through mcdonald vs chicago and DC vs Heller