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