Civics- Judiscak Ch. 4 Bill of Rights

2 Reasons Bill of Rights were Added?

1. to encourage Anti-Federalists to ratify the Constitution
2. Protect Civil Liberties

Two Steps to Create the Bill of Rights?

1. Propose (1789)
2. Ratify (1791)

How many amendments were proposed for the Bill of Rights?

12

How many of the proposed Bill of Rights amendments were eventually ratified?

--11 of 12
--ten in BOR, one later

Civil Liberties

Freedom to think and act how you want without government interference

Five Freedoms of the First Amendments

P-Press
R-Religion
A-Assembly
S-Speech
P-Petition

Establishment Clause

--Congress cannot establish an official religion
--Congress cannot favor one religion over another

Free Exercise

--Congress cannot prohibit the free exercise of any religion
--people can practice whatever religion they choose

Engel v. Vitale

(1962) No government sponsored prayer in school

Wisconsin v. Yoder

(1972) No forced high school if it violates your religion

Free Exercise Exceptions

Cannot violate any law or risk the safety of people, minors, or the community

Pure Speech

The verbal expression of thought in front of an audience that is listening

Symbolic Speech

The use of actions and signs to express a persons' opinion

Seditious Speech

Urging resistance to or promoting the overthrow of the government

Defamation

False speech that damages a person's reputation or character

Brandenburg v. Ohio

(1969) limits the ability to incitement---KKK member can not say things that encourage violence

Tinker v Des Moines

--(1969) students are allowed free speech up to a point
--disruption test
--symbolic speech

Texas v. Johnson

--(1989) flag burning is acceptable form of free speech
--no one can pass a law banning flag burning

Prior Restraint

The censorship of information before it has been published or broadcast

Freedom of Press Exceptions

Materials that are obscene, seditious, libelous, and student press

Miller v California

--(1973) Set guidelines for obscene materials
--Created a test to determine whether materials are obscene
--deals w/ freedom of speech issues

Hazelwood v Kuhlmeier

--(1988) School administrators can censor school newspapers
--deals w/ freedom of the Press

Cox v New Hampshire

--(1941) Government can not ban free assembly, but can limit free assembly w/ time, place and permit restrictions
--deals w/ Freedom of Assembly issues

Picketing

Patrolling an establishment to convince workers and people not to enter

What is the main drawback to Freedom of Petition?

While you can request something or an action from the gov't, they do not have to take action

Amendment 2

The Right to Bear Arms

National Firearms Act

(1934) Regulated and taxed certain types of weapons

Gun Control Act of 1968

(1968) Denies certain groups of people from owning a gun including
1. felons
2. fugitives
3. drug addicts

Brady Handgun Act

(1993) Requires a federal background check before purchasing a handgun

ATF

Alcohol, Tobacco and Firearms--Agency that oversees gun laws

Amendment Three

Congress can not force citizens to quarter soldiers in times of peace (can in times of war). Least Used BOR.

Amendment Four

No unreasonable search and seisure

Warrant

Written permission from a judge to search citizens, their belonging, or homes

3 Things needed in a warrant

1. what police are looking for
2. where they are looking
3. probable cause

Exceptions to the need for a warrant

1. Frisks
2. vehicles
3.If a crime is taking place

Exclusionary Rule

Anything collected in violation to a person's rights cannot be used in court

Mapp v Ohio

--Extablished the Exclusionary rule
--Applies to the 4th Amendment

Grandy Jury

Group of people that examine evidence and decide if a trial should take place

Felony

Any type of crime in which the maximum punishment is over one year in jail

Eminent Domain

The ability of the government to take private property for public use

Double Jeopardy

Putting a person found not guilty on trial again for the same crime

Self-Incrimination

Testifying against yourself or having to admit guilt for a crime

Miranda v Arizaona

--Deals w/ 4th and 5th Amendment Rights
--Court case that established the requirement that a person must be told their rights when arrested

Immunity

Freedom from prosecution given to a person in exchange for their testimony

Due Process

Established legal procedures that must be followed in trials and arrests

Amendment 5--5 parts

1. Right to indictment by a grand jury
2. Protection from Double Jeopardy
3. Right to remain silent
4. Right to due process
5. Limits eminant domain

Indictment

A formal charge brought against a person in a serious crime by a grand jury

Amendment 6--5 parts

1. Right to know the charges against him/her
2. Right to a jury trial
3. Right to a speedy public trial
4. Right to question and call witnesses
5. Right to an attorney

Amendment 7

Right to a jury trial in a civil case

Amendment 8

1. No cruel or unusual punishment
2. excessive bails or fines

Roper v Simmons

Executing persons under age 18 is unconstitutional

Amendment 9

Indicates citizens have rights outside of those listed in the Constitution

Amendment 10

Powers not given to the national government are left to states

Reserved Powers

--Powers of the state governments
--From Amendment 10

Probable Cause

A good reason to believe a person has committed a crime

Who proposed the Bill of Rights?

Congress

Which state was the final one necessary for the ratification of the BOR?

Virginia

Disruption Test

--Applies to freedom of speech in schools
--established by Tinker v Desmoines

Most important Amendment?

1st Amendment

Libel

--Applies to Freedom of the Press
--Limits the ability to say something that damages or misrepresents another person

Prepared Militia

The initial intent of the Second Amendment

Amendment Three

One of the least used amendments!

Fruit of a Poisoned Tree

--From Amendment 4
-- if the source of the evidence (tree) is tainted, so is anything gained (fruit) from it

Civil Case

--Cases dealing with disputes among individuals or groups
--compensation is determined (suing for money)
--Have the right to a jury trial

New Jersey v. T.L.O.

the right to privacy is limited when in school

Gideon v. Wainwright

Right to an attorney