Untitled Flashcards Set

Here are flashcards based on the content from the presentation:

Flashcard 1
Q: What is the "Compelling Interest" test?
A: A test used to determine if the government can regulate an individual’s constitutional rights when the government has a "paramount" or "substantial" interest that cannot be achieved through a less restrictive method. (Sherbert v. Verner, 1963)

Flashcard 2
Q: What are three justifications for protecting expression?
A:

1. Aids in the discovery of truth through competition in the marketplace of ideas.

2. Maintains democracy and self-governance by allowing critique of government officials.

3. Promotes self-fulfillment by allowing individuals to develop beliefs and opinions without government censorship.

Flashcard 3
Q: What does "Incorporation" refer to in Constitutional law?
A: The nationalization of the Bill of Rights through the Fourteenth Amendment, applied on a case-by-case basis.

Flashcard 4
Q: What is Judicial Review and which case created it?
A: Judicial Review is the ability of the Court to overturn laws or decisions made by Congress, state legislatures, and state courts. It was established in Marbury v. Madison, written by Justice Marshall. A critique of this practice is that it is anti-democratic.

Flashcard 5
Q: True or False: The Valid Secular Policy test is used to determine if there is a legitimate religious purpose attached to a regulation.
A: False. The test is for laws of a nonreligious nature.

Flashcard 6
Q: What legal issue did the Espionage Act of 1917 and the Sedition Act of 1918 address?
A: The ability of the government to prevent speech that could incite lawless activity or advocate for the forcible overthrow of the government.

Flashcard 7
Q: What is Selective Incorporation and when was it initiated?
A: Selective Incorporation is the process by which the Court applies provisions of the Bill of Rights to the states, initiated in Twining v. New Jersey (1908). It involves incorporating only those rights considered "fundamental."

Flashcard 8
Q: What does Stare Decisis mean?
A: The doctrine that the Court should honor past decisions and let them stand.

Flashcard 9
Q: What is the difference between Accommodationist and Separatist ideologies with respect to the Establishment Clause?
A: Separatists advocate strict separation of church and state, while Accommodationists allow for more intermingling between religious and political institutions.

Flashcard 10
Q: What was the test articulated in Brandenburg v. Ohio (1969)?
A: The Imminent Lawless Action test, which prohibited speech that incites immediate lawless action. Clarence Brandenburg of the KKK was the speaker in this case.

Flashcard 11
Q: True or False: Before the Civil War, state governments were expected to extend the same protections of rights and liberties as the Federal Government.
A: False.

Flashcard 12
Q: What is the difference between textualism and originalism?
A: Textualism emphasizes the literal language of the Constitution, while originalism asks what the Framers would have done in the same legal context in 1789.

Flashcard 13
Q: How did the Smith test differ from the Sherbert test?
A: The Sherbert test required the government to show a compelling interest and use the least restrictive means, while the Smith test ruled that a valid law, even if inconsistent with religious beliefs, doesn’t need to relieve individuals from complying.

Flashcard 14
Q: What are the four liberties of free expression referenced in the Bill of Rights?
A: Speech, Press, Petition, Assembly.

Flashcard 15
Q: When was the Freedom of Speech incorporated into the Due Process Clause of the Fourteenth Amendment?
A: In 1925, in the case of Gitlow v. New York.

Flashcard 16
Q: What is the "Preferred Freedoms" Doctrine?
A: This doctrine changes the burden of proof in cases where the Bill of Rights is at issue, particularly for rights essential to political processes or when laws target marginalized groups. (Carolene Products, 1938)

Flashcard 17
Q: What are the three elements of the Lemon (1971) test?
A:

1. The regulation must have a secular legislative purpose.

2. Its principal effect must neither advance nor inhibit religion.

3. It must not foster excessive government entanglement with religion.

Flashcard 18
Q: What types of speech are considered "unprotected"?
A: Libel and slander, obscenity, and true threats.

Flashcard 19
Q: What were the primary purposes of the Civil War Amendments (13th, 14th, 15th)?
A: To end slavery, ensure legal equality for newly freed black people, and enfranchise black men.

Flashcard 20
Q: What are the four ways the U.S. Constitution can be amended?
A:

1. Proposal by 2/3 vote in Congress, ratification by ¾ of states.

2. Proposal by 2/3 vote in Congress, ratification by ¾ of states in a ratifying convention.

3. Constitutional Convention called by 2/3 of states, ratification by ¾ of states.

4. Constitutional Convention called by 2/3 of states, ratification by ¾ of states in a ratifying convention.

Flashcard 21
Q: What is the "belief – action" dichotomy in religious practice?
A: The government cannot interfere with religious beliefs, but it can regulate religious actions that violate health, safety, or morality laws. An example is a religious practice involving child sacrifice that may be restricted due to health concerns.

These flashcards cover the key information from the presentation.