front 1 Civil Liberties v/s Civil Rights | back 1 Civil Liberties- Protections of citizens from unwarranted government action Civil Rights- Describes a governments responsibility to protect citizens |
front 2 Bill of Rights – What is it? What liberties does it contain? Supporters and Opponents? Why did some oppose? | back 2 First 10 amendments of the US Constitution. Contains freedom of speech, press, and religion. Supporters are antifederalists. Opposers are federalists because they thought it would be unnecessary and dangerous |
front 3 Bill of Rights – Year? Why adopted? | back 3 Adopted in 1791; adopted because the anti federalists saw potential abuses of power without it. |
front 4 1 st Amendment – What? Role with national government? | back 4 Freedom of religion, freedom of speech/press, and freedom of assembly and petition. Role with national government is "Congress shall make no law." |
front 5 Establishment Clause v/s Free Exercise Clause – What? Examples? | back 5 Establishment clause- Sets up a wall of separation between church and state. Examples: Prayer, religious objects, funding, pledge, money Free exercise clause- Right to believe and practice religion of your choice or to a nonbeliever. Examples: Native Americans smoking peyote, Hobby Lobby, COVID religious services |
front 6 Free Speech – Guarantees? Types protected and not protected. Why important for democracy? | back 6 Protects speech even when the ideas put forth are thought to be illogical, offensive, immoral, or hateful. Protected speech- Political speech, truth, and symbolic speech. Unprotected speech- Speech that is intended and likely to provoke imminent unlawful action. Important for a democracy because it helps us develop better laws and policies through challenge, rebuttal, and debate. |
front 7 Slander v/s Libel | back 7 Slander- Spoken Libel- Written |
front 8 Speech Plus – What? Examples? | back 8 Private action restricting speech Examples- Picketing and distributing leaflets |
front 9 Clear and Present Danger? | back 9 Political speech |
front 10 Absolutely v/s Conditionally Protected Speech – which is the most protected type of speech? | back 10 Absolutely protected speech- Political speech Conditionally protected speech- Expressive speech Absolutely protected speech is more protected |
front 11 Fighting Words – What? Protected? | back 11 Expressive speech that directly incites physical conflict. No it is not protected |
front 12 Obscenity and Pornography – how defined? | back 12 Obscenity- Speech or writing that appeals to the "prurient interest" Pornography- Hard to define, "I know it when I see it." |
front 13 Rights to Assembly and Petition & Freedom of Press & Prior Restraint | back 13 Rights to assembly and petition: The right of the people peaceably to assemble, and petition the government for a redress of grievances Freedom of press & prior restraint: Government cannot prevent the media from publishing information. Protected against prior restraint |
front 14 Due Process of Law – What? Where is it found? | back 14 Rights of the accused. In the 4th, 5th, 6th, and 8th amendments |
front 15 2 nd Amendment – what? Controversies? Main reason for it? | back 15 Right to bear arms Controversies- Limits, cannot ban in homes, can regulate firearm access Main reason- Gun control |
front 16 3rd Amendment | back 16 Cannot quarter soldiers in someone's home without the home owners consent |
front 17 Fourth – 6 th Amendments – Protections? Guarantees? | back 17 4th amendment: Protects against unreasonable searches and seizures. 5th amendment: Right to a grand jury- Evidence for a trial. Protection against Double Jeopardy and self incrimination 6th amendment: Right to councel, right to a speedy trial, and right to an impartial jury |
front 18 Exclusionary Rule, Anticipatory warrants, Miranda Rights | back 18 Exclusionary Rule- Evidence obtained illegally is not admissible Anticipatory Warrants- Warrants issued when the police know that incriminating material is not yet present at a particular location but have reason to believe that it will eventually arrive Miranda Right- Right to remain silent |
front 19 Self-Incrimination | back 19 Miranda Rule |
front 20 Grand Jury | back 20 A body of citizens that must agree that a prosecutor has sufficient evidence to being criminal charges against a suspect |
front 21 Double Jeopardy | back 21 Established the principle of selective incorporation of the Bill of Rights. |
front 22 Eminent Domain and Takings Clause | back 22 Eminent Domain and Takings Clause- Government can take private property for public use |
front 23 8th Amendment – Protections? Role of states? | back 23 Protects against cruel and unusual punishment. Restricts punishments and fines that can be imposed on those accused or convicted of crimes |
front 24 Right to Privacy – What issues fall under here? Cases? Supreme Court’s decisions? | back 24 Issues: Not expressed, implied power via 1, 4, and 9th amendments. Cases: Birth control, abortion, homosexuality, and right to die. Supreme Courts decision: Argued that a relationship between privacy and freedom of political expression lies at the heart of the 4th amendments prohibition of unreasonable searches |