Unit 4 Study Guide Set #1

Define double jeopardy

A person found not guilty of a crime cannot be tried for that same crime again.

Even though the 4th amendment does not specifically state this, what right does it give us?

It gives us the right to privacy

What does freedom of religion mean? Can the government interfere with this freedom?

It means we are free to worship however we please and the government cannot interfere with how people worship.

Based on the 4th amendment what rights cannot be violated?

People cannot be subjected to unreasonable search and seizure. This means that police must have probable cause or a search warrant to search someone or their property.

What are the rights of the accused outlined in the 5th amendment? What does the right to no self-incrimination mean?

Rights to a grand jury, no double jeopardy, no self-incrimination, due process and eminent domain.
No self-incrimination means that an accused person does not have to say anything to police during an interview nor do they have to take the stand during a c

What does the right to legal counsel mean?

It means that a person has a right to have a lawyer if they are accused of a crime to aid or assist with his/her defense

Can the government deny a person or a group of people a permit in order to hold a protest? Explain why or why not.

No they cannot because it is a violation of their first amendment right to assemble.

Define habeas corpus. Why is this important to democracy?

It requires that a person accused of a crime to be brought before a judge and show cause for keeping that person in jail. It is important to democracy because it protects due process.

Give examples of limiting freedom of speech.

Fighting words--Will this act of speech create a violent situation?
Clear and present danger�Will this act of speech create a dangerous situation?
Libel�Is this information false?
Obscene material�Is this material inappropriate for adults and children to

Why does a school have the right to limit your freedom of speech?

If the speech disrupts school by creating a disturbance than they can limit your speech.

During WW II, how did the United States justify putting the Japanese Americans in internment camps?

By saying that the Japanese Americans could damage national security so sacrificing the individual rights of the Japanese American would protect the common interests of the rest of the people in the United States.

During WW I, the government limited individual rights by rationing certain goods such as sugar, butter and meat. Why did they do this?

They did this to control the use of supplies to make sure everyone got their fair share because these items were in short supply.

The government may be allowed to limit freedom some freedoms when there is conflict with government issues. Explain what this means.

It means that during times of war if national security is at risk then the government may limit people's freedoms in order to protect the security of the nation.

How does Eminent Domain help promote economic freedom?

It ensures that private property that is purchased for public use is for the betterment of the common good of the people and the person who the land is purchased from is free to spend the money they received for their land however they please.

Can the right to bear arms be limited?

Yes. Each state has the right to make their own laws regarding restricted or lax gun control as long as the laws are carefully written.

In Korematsu V. United States, the Supreme Court found that the government was within their rights to place the Japanese Americans in Internment Camps. Which of the first 10 amendments would be limited by this decision?

Amendment 4 (the right from illegal seizure)

What is the 14th amendment?

Equal protection under the law

According the Supreme Court decision in Texas V. Johnson, which constitutional right upheld the action of flag-burning as a protest?

Right to free expression under the 1st amendment right of free speech

Police cannot search you or your car unless they have what?

Probable cause

Why does not allowing prayer in school expand the right to freedom of religion?

Because a public run school cannot favor one religion over another. By not allowing prayer, freedom of religion is expanded to all people of different religions and to people who choose not to believe in a religion. Everyone is free to choose.