Rights

why are there two "Due Process" Clauses in the Constitution?

the due process of law clause ensures that the government, both state and federal, will act justly. the 5th- federal: the 14th- state

due process

the government must act fairly and in accord with established rules in all that it does

the law under which the government act must be fair

substantive due process

the ways under which the government act must be fair

procedural due process

a court authorizing a search

search warrant

what four factors are necessary to make a warrant valid

1. signed by the judge
2. what they are looking for
3. where they are looking
4. probable cause

the right to be free, except n very limited circumstances, from unwanted governmental intrusions

right of privacy

reasonable suspicion for a crime

probable cause

evidence gained illegally cannot be used

exclusionary rule

a legislative act that inflicts punishment without a court trial

bill of attainder

a court order commanding the police to charge a person with a crime or release him

writ of habeas corpus

a law applied to an act committed before its passage

exporto facto law

a group of persons who accuse a person of a serious crime

grand jury

once a person has been tried for a crime, he cannot be tried again for the same crime

double jepordy

what does a speedy and public trial mean

reasonable time without undue delay and for the trial to be in public

petit jury

trial jury

no person can be compelled in any criminal case to be a witness against himself" this is the right against

self incrimination

the police must inform a suspect of his rights before questionng

miranda rule

what two rights do the police state in the miranda rights

right to be silent and right to an attorney

payment for crime committed

fine

what does the judge determine the fine amount on?

the severity of the crime

punishment that does not fit the crime

cruel and unusual punishment

what is capitol punishment

punishment by death

a sum of money that the accused deposits as a guarantee he will appear in court

bail

under what circumstances does a judge deny the right to bail?

if the accused is suspected to commit a serious crime before trial or not show up the day of trial

to be held without bail

preventive detention

what is the two stage process?

1. trial to settle the issue of guilt or innocence
2. for those convicted, a second hearing to decide whether the circumstances justifies a sentence of death

what is the only crime defined in the constitution

treason

treason

levying war against the US or adhering to their enemies giving them aid and comfort

the crime of obstructing the lawful process of government

contempt

what is the equal protection clause

no state shall...deny any person within its jurisdiction the equal protection of the laws

what amendment is the equal protection clause in

14th amendment

segregation in fact, even if no law requires it

de facto segregation

segregation by law

de jure segregation

positive steps to make up for past discrimination

affirmative action

discrimination against the majority groups

reverse discrimination

what has the supreme court ruled on various sex discrimination cases?

1. allow women to be lawyers
2. allow women to serve on jury
3. cannot deprive women to public places
4. women cannot serve as guards at all male prisons
5. excludes women from the draft

what are the 3 ways of acquiring american citizenship

1. by birth- jus sanguis
2. by land- jus soli
3. naturalization

what are the five rights in the 1st amendment

petition, speech, press, assembly, religion

tainted evidence

evidence gained illegally

what 2 factors are bails based from

the crime and ability to pay

unencumbered rights

rights not listed in the constitution

slavery

subjection to a master who owns one's person and may treat one as property

involuntary servitude

forced labor

compulsory service

jury, draft

all persons born or naturalized and subject to jurisdiction of United states

citizenship

segregation

isolation of a group

unfair treatment attitude or treatment of a group

discrimination

what is the free exercise clause

prohibiting the free exercise thereof

what does the free exercise clause guarantee

it guarantees to each person the right to believe whatever he/she chooses to believe in matters of religion

the first amendments protection of free speech and free press serves what two purposes?

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
2. guarantee to all persons a full, wide-ranging discussion of public affairs

libel

the false and malicious use of printed words

slander

the false and malicious use of spoken words

prior restraint

the government cannot curb ideas before they are expressed

when are the two times prior restraint is allowed

wartime or when a publication is obscene or incites its readers to violence

how does the supreme court define obscenity

1. the average person applying contemporary community standards, finds the work, taken as a whole, excites lust
2. the work depicts or describes in a patently offensive way a form of sexual conduct specifically dealt with in an anti obscenity law
3. the w

symbolic speech

expression by conduct communicating ideas through facial expression, body language, or by carrying a sign or wearing an item

what are the guarantees of religious freedom

1. the establishment of religion
2. an arbitrary interference by government in the free exercise clause of religion

what is the establishment clause

congress shall make no law respecting an establishment of religion

what does the establishment clause set up

separation from church and state

5 examples of government encouraging religion

1. released time for public school students to pray
2. prayer and the bible allowed to be read in public schools
3. student religious groups
4. evolution
5. give money to private schools

what is the courts recitation of prayers in public schools

the court has summarized that public schools cannot sponsor religious exercises. individuals can pray when they want to in school or anywhere

what are three requirements of the lemon test

1. the purpose of the aid must be secular, not religious
2. its primary effects must neither advance not inhibit religion
3. it must avoid an excessive entanglement of government with religion

the supreme court held that the establishment clause is designed to prvent what three main evils of government in relgious activities

1. seasonal displays
2. chaplains
3. 10 commandments

why was government created

to preserve the rights of the people

several states ratified the US constitution on what condition or understanding?

with the understanding that a list of rights for us citizens would be created right away

how do individual rights illustrate the principle of limited government?

each individual right or guarantee illustrates the principle of limited government because every right is a direct restriction on what government is allowed to do

in what sense are individual rights relative to each other?

every persons rights are relative to each other because one can only have rights if it doesn't take away the rights of another person

what is the relationship between federalism and individual rights?

the bill of rights protects against the national government
the 14th amendment protects against the states with the "due process of law

what is the role of the 9th amendment in relation to our civil rights?

the 9th amendment states that there are other rights that people have that are not written directly in the constitution

the court has allowed government to place reasonable limits on these rights in the form of

time-place-manner

government cannot regulate on the basis of

what might be said there

why do most demonstrations take place in the public

because it is the public they want to reach

the government may not regulate assemblies on the basis on what is being said

content neutral

the right to associate with others to promote politics, economic and other social causes

guarantee of association

what must demonstrators do before demonstrating in public

1 give advance notice
2 acquire permits