Government's job is to protect our rights. They are our God-given rights
According to the Declaration of Independence, Governments exist for what purpose?
On condition that they would add a bill of rights. They wanted a listing of rights to protect the people from government infringing on their rights.
Several States ratified the U.S. Constitution on what condition or understanding?
Limits the power of the government on the people. Limited government: government is restricted from taking away the people's rights.
How do Individual Rights (Guarantees) illustrate the principle of LIMITED GOVERNMENT?
Absolute and relative. You can do whatever you want as long as it does not infringe on someone else's rights. All of our rights are relative except religious belief because you can believe whatever you want. each person's rights are relative to the rights
In what sense are Individual Rights relative to each other?
The Supreme Court decides which rights take precedence.
The role of the courts is to protect our rights and interpret them. The Supreme Court explain to us what our rights are.
When Rights of individuals conflict, who decides which rights take precedence?
The job of government is to protect our rights so they aren't taken away. Federal and state can take our rights away but what protects us from them doing that. The bill of rights protects us from the federal government. The 14th amendment and each state's
What is the relationship between Federalism and Individual Rights? (What protects our rights against the Federal Government? , against State Governments?)
The 9th Amendment declares that there are rights beyond those set out in so many words in the Constitution.
Two kinds of civil rights
1) Enumerated: rights written in the constitution
- Examples: freedom of speech
2) Unenumerated: not written in the Const
What the is the role of the 9th Amendment in relation to our Civil Rights?
The 1st and 14th amendments set out 2 guarantees of religious freedom. These guarantees prohibit (1) an "establishment of religion" (the Establishment Clause) and (2) any arbitrary interference by government in "the free exercise" of religion (the Free Ex
What are the two guarantees of Religious Freedom set out in the First Amendment?
The "Establishment Clause" separates church and state and is the establishment of religion. The Establishment Clause sets up "a wall of separation between church and state.
The establishment clause is part of the first amendment. Congress shall make no la
What is the "ESTABLISHMENT CLAUSE"? What does it set up?
1. All property of and contributions to religious sects are free from federal, state, and local taxation. (all church property are not taxed; contributions to church can be deducted from income tax)
2. Chaplains serve with each branch of the armed forces
The Government has done much to encourage Churches and Religion. Give FIVE examples.
the Court has held that public schools cannot sponsor religious exercises. It has not held that individuals cannot pray when and as they choose in schools or in any other place. Nor has it held that students cannot study the Bible in a literary or histori
Briefly summarize the Court's ruling involving the recitation of prayers in Public Schools?
The Supreme Court held that the Establishment Clause is designed to prevent 3 main evils: "sponsorship of religion, government's financial support of religion, and active involvement of the sovereign in religious activity.
The Supreme Court held that the Establishment Clause is designed to prevent what THREE Main Evils of Government in religious activities.
Free exercise clause nor prohibit the exercise of. To believe whatever he or she believes in. guarantees the absolute(no restrictions) right of religious belief, the relative right of practice.
What is the "FREE EXERCISE CLAUSE"? What basic right does it guarantee?
(1) The Purpose of the aid must be clearly secular, not religious
(2) its primary effect must neither advance nor inhibit religion
(3) it must avoid an "excessive entanglement of government with religion
To be constitutional, a State's School Aid Law must meet what THREE requirements?(The Lemon Test)
1. To guarantee to each person a right of free expression, in the spoken and the written word, and by all other means of communication, as well
2. To guarantee to all persons a full, wide ranging discussion of public affairs
- The 1st and 14th amendments
The First Amendment's protection of Free Speech and Free Press serves what TWO fundamentally important purposes?
� If its true its not libel or slander, but the defense against libel and slander claims is the truth
� Libel is the false and malicious(hurt someone's reputation) use of printed words
� Slander is the false and malicious use of spoken words
The law prohi
What is Libel and Slander? What is generally an absolute defense against libel and slander claims?
Obscenity is illegal, it is not protected by the 1st amendment. Too much discretion about what is obscene and what isn't. A trial dealing with obscenity is figuring out if it is obscene or not.
1) A thing must be prurient in nature
2) A thing must be comp
How has the Supreme Court defined OBSCENITY?
Prior Restraint- The government cannot curb ideas before they are expressed
The court held that the guarantee of a free press does not allow a prior restraint on publication, except in such extreme cases as (1)wartime, or when a (2)publication is obscene
What is Prior Restraint? What are the extreme situations when it is allowed?
This expression by conduct is know as a symbolic speech- freedom of expression.
What is Symbolic Speech?
Guarantee of association
the right to associate with others to promote political, economic, and other social causes
Content Neutral
the government may not regulate assemblies on the basis on what might be said
They can regulate assemblies on time place and manner but the requirements must be content neutral..cannot limit what one can say
Assemble
to gather with one another in order to express views on public matters
a. Right to form political parties and interest groups
1. Freedom of speech
2. Religion
3. Press
4. Petition
5. Assembly
What are the 5 basic rights of the first amendment?
� How much can the government keep guns from criminals and youth?
� In order to keep guns away from criminals, does that limit the right of law abiding citizens?
What is the debate with the right to bear arms?
deals with gun control laws (right to bear arms)
what does the second amendment deal with?
� Right to bear arms shall not be infringed
� A well regulated militia
� Certain gun control laws are permitted. These remain largely a state and Local responsibility
� Does this amendment:
? Protect individual rights to own guns or
? Spell out collective
2nd amendment
Quartering Troops
what does the 3rd amendment deal with?
� Housing the troops
� Government forces us to house the soldiers
� No quartering of troops in private homes
� This amendment has never been the subject of a Supreme Court
The government has never asked people to house troops, but it is an amendment becau
3rd amendment
Search and Seizures
what does the 4th amendment deal with?
Police Power v. Personal Liberties
Need police to protect us but how far can they go before they infringe on the rights of society?
Do they have the right to search us or seize us
Protection against unreasonable not reasonable search and seizures
3 statem
4th amendment
Warrant
Has to be signed by judge, probable cause(have a good reason), what(they are looking for), where(address)
Tainted evidence (4th amendment - exceptions to #2)
evidence gained illegally
- Can never be used
- Exclusionary Rule: illegally seized evidence cannot be used in a court law; no exceptions
Criminal Proceedings & Due Process
What does the 5th amendment deal with?
� Indictment by Grand Jury
� Protected against double jeopardy
? Can't be triad twice for the same crime: no exceptions
� Protection against Self-Incrimination
? Do not have to admit to the crime and you are protected against this; I refuse to testify on
5th Amendment- criminal proceedings
� "Nor be deprived of life, liberty, or property, without due process"
� Due process clause appears in the 5th and the 14th amendment
� Due process clause prohibits unfair, arbitrary action by the Federal government
� Government must act fairly and in acc
5th amendment- due process
criminal proceedings
what does the 6th amendment deal with?
� Speedy Trial- by time of the arrest and the beginning of the trial cannot exceed 100 days (without undue delay: 100 days)
� Public trial: cannot be triad in secret
� Impartial jury: right to trial by jury (no specific class is deliberately excluded)
� T
6th amendment
Civil Suits
what does the 7th amendment deal with?
� Civil Suit: dispute: no one goes to jail
� Have a right to jury trial in federal suit where value exceeds $20.00
It is such a low amount because back then that was a lot of money
7th amendment
Punishments
what does the 8th amendment deal with?
� No excessive Bail (sum of money accused deposits as a guarantee he will appear in court; based on crime and ability to pay)
? They have bail because they feel the person can better prepare their defense outside of jail than in jail
? Bail is based on cr
8th amendment
� Is not cruel and unusual punishment
? Crimes that entail automatic death, those laws are cruel and unusual
� Death Penalty
� "Two Stage" Process
1) They determine guilt or innocence
2) Whether circumstances justify death
- (if jury recommends death the
What is Capital Punishment?
� Enumerated rights not mentioned in the constitution
9th amendment
� Powers reserved to the states (State's rights amendment)
� Defines principle of federalism(Dual system between federal and state governments)
- Powers not delegated to Federal Government or prohibited to states, belong to the states
10th amendment
� Prohibited slavery: subjection to a master who owns one's person and may treat one as property
� Prohibits INVOLUNTARY SERVITUDE
- Forced labor can only be used as a punishment for a crime
- Forced labor
Some forms of COMPULSORY SERVICE are allowed (exa
13th amendment
rights of citizens
what does the 14th amendment deal with?
� Defines citizenship
- People who are born in the U.S., naturalized, born outside the U.S. if one parents is born in the U.S.
- Birth:
- Jus Sanguinis (Blood): One parent born in the U.S.
- Just Soli (Land): diplomats; subject to the jurisdiction to gove
14th amendment
Jus Sanguinis(blood)
One parent born in the US (Blood)
Just Soli(land)
diplomats; subject to the jurisdiction to govt; born in the US (Land)
appears in the 5th & 14th amendment; it appears twice because of the federal govt and the state govt
What does the due process clause appear twice?
Equal Protection Clause
No state shall deny to any person within its jurisdiction the equal protection of the law
Segregation
isolation of a group (based on sex, race, religion, etc.) from the rest of the population
- Segregation is not permitted
- 2 types of segregation:
� De Jure: by law: if law is passed that only whites can go to this school that is De Jure by law, it is ill
1) De Jure: by law: if law is passed that only whites can go to this school that is De Jure by law, it is illegal
2) De Facto: by circumstances: there is no law, it just happens; this is also unconstitutional
What are the 2 types of segregation
Discrimination
unfair attitude or treatment of a particular group or person
- Is unconstitutional, is not permitted
Reverse Discrimination
preferential treatment that favors a previously victimized minority to the disadvantage of the majority
- Is not permitted; not legal
Affirmative Action
positive steps taken to remedy the effects of past discrimination
- Is permitted; legal
- Programs that make up for past discrimination
- The courts have said: Sex and Race can be a factor, but it cannot be the only factor
- Not all sex-based distinctions
Voting Rights
� State government sets voting rights, but they are restricted by the federal government
- Example of how State govt is restriction: Register for the first time, has to be 18 on election day, Ohio resident for 30 days, U.S. citizen
� 15th: race, color
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