Chapter 4a

amsykes's version from 2015-11-11 13:25

Section 1

Question Answer
Intend to protect the civil liberties of AmericansThe Bill of Rights
What ammendment made the Bill of Rights applicable to not only the federal government, but also to the states?The 14th Ammendment
The Bill of Rights was intended to limit the power of the national government to prevent civil liberties Incorporation Doctrine
Selective Incorporation
Guaranteed due process of law to all citizens The 14th Ammendment

Section 2

Question Answer
The first amendment concerns..Relgion
Establishment Clause
Free Exercise Clase
Banned School PrayerEngel vs Vitale
"Aid to Religion''=unconstitutional; paying secular (religion) teachersLemon vs Kurtzman
Allows religious groups to use school to meet after school hours1990 Equal Access Act

Section 3

Question Answer
Struck down a New York law that created a public school district specifically for Orthodox JewsMinersville School District vs Gobitus
Court reversed Gobitus; firmly established free exercises of religion as protected against the stateWest Virginia vs Barnette
True or False: The first ammendment protects religious observances, but not actions that cause harm based on one's beliefsTrue

Section 4

Question Answer
Why did Shneck get into trouble?Compared the draft to slavery; arrested under the Espionage Act of 1917
Government has the right to restrict freedom of speech when public order is threatnedClear and Present Danger Clause
Fighting words do not enjoy first ammendment rightsChaplinsky vs New Hampshire
Gitlow published a paper advocating communismGitlow vs New York
Made Freedom of Speech applicable to all statesGitlow vs New York

Section 5

Question Answer
You have the right to advocate oa position unless it incites a lawless actionBrandenburg vs Ohio
Who won cases where college institutions punished students who didn't use politically correct speech?American Civil Liberties Union
Non-verbal behavior has been upheld by the Court; less protected than free speechSymbolic Expression
Court overtunred the suspension of three students who wore black arm bands to protest the Vietman War?Tinker vs Des Moines

Section 6

Question Answer
Case protected the expression of emotions and the expression of ideasCohen vs California
Court cases that dealt with expression of political ideas (i.e flag bunring)U.S. vs Eichman; Texas vs Johnson
Court case that reaffirms people deserve protection from hate crimes (crimes of discrimination)Wisconsin vs Mitchell
The Court held that to be considered obscene, the questionable material must be "utterly without redeeming social importance"; pornographyRoth vs the U.S.
The Court deemed a work obscene if it appeals to prurient interest, portrays sexual conduct in an offensive way, and lacks serious literary, artistic, political or scientific valueMiller vs California

Section 7

Question Answer
Case dealing witht the Freedom of the Press; Silence the the criticism of the government and any publication of false, scandelous writings against the governmentAlien vs Sedition Acts
Case dealing with Freedom of the Press; A Mississippi editor was jailed because he criticised the Union occupationEx Part McCardle
Freedom of Press takes precedence over the rights of public officials suing for writen (libel) or oral (slander)New York Times vs Sullivan
The Court Rules the U.S. govt. could block publications of secret Defense Documents illegally furnished by anti-war activistsNew York Times vs U.S.

Section 8

Question Answer
The right to bear arms.The Second Ammendment
Prior to the civil war, where were wepons predominately found?in armories
Court case that uphelp you can't use evidence obtained in warrent-less/ illegal search and seizureMap vs Ohio
Good faith exception; Exception to the Eclusionary RulingProsecutors may intoduce evidence obtained illegally if they can show that the police relied on an warrant that appeared valid; U.S. vs Leon
Court allowed prosecutors to unse evidence obtained in illegal searches if the other evidence is unrelated the legal evidence would have justified the search warrantMurray vs the U.S.

Section 9

Question Answer
The police may search without a warrant if there is an imminent threat of violence or destruction of evidence, if consent is obtained, or if it is in an automobileThe Fourth Ammendment
Protects and individual from self incrimination The Fifth Ammendment
Prosecutors may not use statements of confesions in trial that were not voluntaryThe Fifth Ammendment
Prior to questioning, a suspect must understand their ritghs (to remain silent and to an attorney)Miranda vs Arizona
Prisoner's Dilemma1. Admit the truth 2. Say you don't know 3. Rat on your friend

Section 10

Question Answer
The right to legal counsel in cases that could result in jail time; right ti a speedy and public trial with an impartial jury 6th Amendment
Prohibits discrimination in jury selection on the basis of race or gender Equal Protection Clause of the 14th Amendment
Cruel and unusual punishment 8th Amendment
The Court ruled individuals must show that racism played a role in their specific case (race of the accuser and the race of the accused) McCleskey vs Kemp
The Court allowed the execution of a convicted murderer who had the intelligence level of a 7 year old Penry vs Lenaugh

Section 11

Question Answer
The Court allowed the execution of a minor who had been convicted of murder Sanford vs Kentucky
Capital punishment was unconstitutional under cruel and unusual punishment; vague, arbitrary state laws=a disproportionate number of minorities on death row Furman vs Georgia
The right to privacy The 9th Amendment
Protects the rights not enumerated in the Constitution, has been used by the Supreme Court to define the limits of government encroachment on personal autonomy Griswald vs Connecticut
Concerning birth control, the Connecticut statute was ruled unconstitutional as a violation of marital privacy Griswald vs Connecticut

Section 12

Question Answer
Lawrence and Garner vs Texas was heard under the 9th amendment what two consenting adults do in their own home is their own business
The Supreme Court has been unwilling to expand the right of privacy to invalidate state laws criminalizing homosexual behavior Bowers vs Hardwick

Section 10