U.S. Government

Explain what "Justice in Democracy" means

Justice in democracy means protecting the innocent from government police power as well as punishing the guilty.

Describe and give examples for suspect classification and fundamental rights.

A suspect classification is made on the basis of race or national origin. For example, a law that requires African Americans but not whites to ride in the back of the bus would be a suspect classification. The Court usually puts the burden of proving that a law is unreasonable on the people challenging the law. Fundamental rights got to the heart of the American system. The court looks at state laws dealing with fundamental rights very closely. For example, a stat law limits the right to travel freely between states would be ruled unconstitutional because freedom to move among states is fundamental.

Describe the 3 guarantees of the 14th amendment gives to all people in state. List one of the key cases that nationalized or incorporated the bill of rights.

According to the Supreme Court, the 14th amendment guarantees people in all states: 1.protection from unreasonably search and seizure 2. the right of the accused to have a lawyer 3.and protection from cruel and unusual punishment. The court cases are Everson,Lemon and Engel.

Explain the importance of : California v. Acevedo New Jersey v. TLO Katz v. United States

California v Acevedo - the Court established the pecedent that police are free to search an automobile if they have probable cause to believe in unlawful substances are hidden there New Jersey v. TLO - The Super Court ruled that schools officials do not need warrants or probable cause to search students or their property. Katz v. United Staes - the Court overruled an earlier decision by prohibiting wiretapping without a warrant. Since then Congress has passed two laws that practically prohibit all kinds of electronic eavesdropping without a warrant, even wiretapping and bugging for national security reasons.

Learning target #13 continued

Defamatory speech is any false speech that damages a person's good name, character, or reputation. This can either be slander - spoken words, or libel- written words. The court does allow some defamatory speech about public officials. In the Chaplinksy v. New Hampshire, the supreme court ruled that the first amendment does not protect words that are so insulting that they lead to immediate violence. In Bethel School District v Fraser, the supreme court ruled that the first amendment does not prevent school officials form suspending students who use indecent language at school events. In Hazelwood School District v. Kuhlmeier, the court held that school officials have the right to regulate students speech in school sponsored newspapers, stage production and other activities.

Illustrate what the court ruled in police department of Chicago v. Mosely.

For instance, in Police Department of Chicago v. Mosely, the Court voided a law the banned demonstrations around schools, except for picketing by labor unions. Picketing is patrolling an establishment to persuade workers and the public not to enter it.

Explain why parades and demonstrations are subject to greater government control

Freedom of assembly includes the right to parade and demonstrate in public. These forms of assembly may interfere with the rights of others because they usually occur in parks, streets, or on sidewalks. Verbal and physical clashes might occur when the parades and demonstrations advocate unpopular causes. As a result, parades and demonstrations are subject to greater government control than exercises of pure speech and other kinds of assembly.

Explain why the supreme court overturned a conviction in Sheppard v. Maxwell List the 5 measures a judge can take a restrain press coverage of a trial

In 1954, Sheppard was accused of killing his wife. Pretrial news reports practically called Sheppard guilty. In Sheppard v. Maxwell, the Court ruled that press coverage had interfered with Sheppard's right to a fair trial. To restrain press coverage of a trial, the court suggested that the following measures: A. Moving the trial to reduce pretrial publicity B. Limiting the number of reporters in the courtroom C. Placing controls on reporters conduct in the courtroom D. Isolating witnesses and jurors from the press E. Having the jury sequestered, or kept isolated, until the trial is over A gag order bars the press from publishing certain types of information about a pending court case.

Recall what the court specifically permited in Westside Community Schools v Mergens. Name and Explain the act that influenced the court's ruling in Westside Community Schools v. Mergens.

In 1990, the court ruled the Equal Act constitutional. This law allows student religions groups to hold meetings for Bible reading in public schools. According to the Court, a student-led religious club that meets after school like any other student group does not show state approval of a particular religion.

List the two important principles established in the Dejonge case

In DeJonge v. Oregon, the Supreme Court established the following two principles: A. The right assembly was as important as the rights of free speech and free pass B. The due process clause of the 14th Amendment protects freedom of assembly from state and local governments.

Name the Court case that issued a ruling on the matter of obscenity

In Miller v. California, the Court ruled that the communities should set up their own standards for obscenity in speech, pictures, and written material. However, the Court has since stepped in to overrule specific local acts, making it clear that ta community's rights to censor is limited.

Illustrate what the court ruled in Reno v. American Civil Liberties Union.

In Reno v. American Civil Liberties Union, the Court ruled that the Internet speech deserves the same free speech protection as ate other print media.

Explain when the state(government) can limit personal privacy.

In many later decisions, the court has recognized the right to privacy in areas of personal behavior, such as child rearing and abortion. However, the court also has held that the right to personal privacy is limited when the state has a "compelling need" to protect society.

Define the act congress passed after the September 11,2001 terrorist attacks and concerns about the act's infringement on privacy.

In response to the September 11, 2001 terrorist attacks, congress passed the USA Patriot Act, which greatly increased the federal government's power to detain, investigate, and prosecute people suspected of terrorism. For example, it allows the government to seize a person's private records without showing probable cause. The Act also broadens the scope of who could be considered a terrorist, allowed the FBI to share evidence collected in criminal probes, and gave the attorney general sweeping new powers to detain and deport people. Concerns later arose over whether the Act poses a threat to civil liberties.

Name the amendment and clause which the Supreme Court used to make its decision in Engel v. Vitale. In Engel v Vitale, the court ruled that prayer created by the New York board of regents unconstitutional. Give an example of another practice in school that may be held unconstitutional.

In the Engel v. Vitale case, the Court ruled that a nondenominational prayer used in New York public schools was unconstitutional. In two cases, the Court banned school sponsored Bible reading and saying the Lord's prayer in public schools. The court reasoned these acts violated the first amendment because tax paid teachers led the activities in public buildings.

Define discrimination Clarify the importance of Washington v. Davis

Laws that classify people unfairly are said to discriminate. Discrimination exists when the individuals are treated unfairly solely because of their race, gender, ethnic group, physical disability, or religion. In Washington v. Davis, the supreme court ruled that to prove a state guilty of discrimination, one must prove that the state intended to discriminate.

Explain the issue that comes up when a citizen challenges a law because it violates the equal protection clause

Many laws classify or draw distinctions among people. For example, a cigarette tax taxes smokers but not nonsmokers. When a citizen challenges a law because it violates the equal protection clause, the issue is not whether a distinction has been made. The issue is whether the distinction is reasonable.

Describe the importance of Weeks v. The United States(1914)

Police may arrest and search anyone who commits a crime in their presence. In Weeks v. The unites States, the supreme court established the exuclusionary rule - the illegally obtained evidence cannot be used in federal court.

Define prior restraint

Prior restraint is censorship of information before it is published. It is a common way for governments in many nations to control information and limit freedom. In the U.S. however, the supreme court has ruled that the press may be censored in advance only in cases relating directly to national security.

Define pure speech and symbolic speech. List the three reasons when the government can restrict symbolic speech.

Pure speech is the spoken expression of thought an opinion before and audience that has chosen to listen. It is the most common form of speech. Traditionally, the supreme court has provided the strongest protection of pure speech against government control.(ex: speaking in your house) In the United States v. O'Brien, the court ruled that a government can regulate or forbid symbolic speech if the regulation: A. falls within an the constitutional power of the government. B. furthers an important government interest that is unrelated to limiting free speech, and C. leaves open other ways to communicate.

Name the court case that "set up" the test to determine whether federal aid to parochial schools violates the first amendment's establishment clause. List the three determinates of the test.

Since the 1971 case of Lemon v. Kurtzman, the Court decides whether such aid violates the establishment clause by using a three part test. To be constitutional, state aid to church schools must: A. have a clear secular, non religious purpose. B. neither advance a religion nor discourage the practice of a religion C. avoid "excessive government entanglement with religion."

List the four freedoms guaranteed by the first amendment

Speech, press, assembly and religion

Define double jepoardy

The 5th amendment protects against double jeopardy. This means a person may not be tried twice for the same crime. In 1989, the supreme court ruled that a civil penalty could not be imposed after a criminal penalty for the same crime. However, in 1997, the court also ruled that people who paid civil fines for violating regulations could also face criminal charges.

Name the amendment that protects against the right of self incrimination and forced confessions. List the 2 cases that have reinforced this amendment.

The 5th amendment that no one can forced to testify against himself or herself. The courts have interpreted this amendments protection against self incrimination. The 5th amendment protects defendants against forced confessions. The Supreme Court under Chief Justice Earl Warren expanded protection against self incrimination in the following cases: Escobedo v. Illinois: the Court ruled that a confession or other incriminating statement that an accused person makes without access to a lawyer many not be used in trial. Miranda v. Arizona: The court decided that suspects must be clearly informed of their rights before police question them. Their statements statements may not be used in court if they are not so informed. In several cases after 1966, the court relaxed its Miranda and Escobedo rules. However, in Dickerson v. United Staes, the court strengthened Miranda. The justices insisted that whether or not Miranda warnings were given was a the standard for admitting self incriminating statements as evidence at a a trial.

Name the amendment that provides a guarantee of counsel(lawyer) and explain the court case that ruled in favor of this.

The 6th amendment guarantees a defendant the right to counsel., or an attorney. For years, people could be tried in state courts without a lawyer. in Gideon v. Wainright, the Court ruled that every accused person had the right to an attorney.

Explain what the 8th amendment forbids Describe how Gregg v. Georgia applies to the 8th amendment

The 8th amendment forbids cruel and unusual punishments. The court rarely uses this provision. However,there is a debate over how this protection applies to the death penalty. In Gregg v. Georgia, the supreme court ruled that the death penalty does not make up cruel and unusual punishment when imposed under adequate guidelines.

Identify the case in which the Supreme Court tackled the controversial issue of "separation of Church and State" when dealing with state and to parochial schools.

The Everson v. Board of Education involved a challenge to a New Jersey law allowing the state to pay for busing students to parochial schools. . Parochial schools are operated by a church or religious order. The Court ruled the law constitutional because the law benefited students rather than a religion directly.

Explain how the First Amendment protects freedom of assembly

The First Amendment freedom of assembly applies to meetings in private homes and in public place. It also protects the right to make views known to public officials through petitions, letters, lobbying, and carrying signs in parades, and marching. Freedom of assembly is closely related to freedom of speech because most gatherings involve some form of unprotected speech. Political parties and interest groups that influence government would be impossible without freedom of assembly.

Define incorporation Explain the importance of the due process clause of the 14th amendment.

The addition of the 14th amendment in 1868 started a process called incorporation. This process extended the bill of rights to protect persons from all levels of government in the U.S. Over the years the Supreme Court had interpreted the due process clause of the 14th amendment to apply the guarantees of the bill of rights to state and local governments. As a result no state can deprive any person of their 1st Amendment rights: freedom of speech, press, religion and assembly. The incorporation for the bill of rights means that the U.S. Citizens in every part of the country have the same basic rights. Before incorporation, state governments sometimes ignored individual rights.

Clarify the importance of Griswold v. Connecticut, Dealing with the right to privacy.

The constitution does not mention a specific right to privacy. However, in Griswold v Connecticut, the supreme court ruled that personal privacy is one of the rights protected by amendments to the constitution.

Explain what part of the Constitution guarantees US citizens basic rights.

The constitution guarantees basic rights in the Bill of Rights- the first 10 amendments- and in several other amendments. The Bill of Rights was originally intended to protect people against the actions of the federal government.

Clarify the meaning of "equal protection" and list 2 amendments that contain equal protection laws.

The democratic ideal of equality means people are entitled to equal rights and treatment before the law. Both the 5th and 14th amendments include equal protection clauses. They forbid state and local governments from drawing unreasonable distinctions among different groups of people.

Name the clause in the first amendment which guarantees the government will not favor one religion over another.

The establishment clause in the 1st amendment states that congress shall make no law respecting an establishment of religion.

List, explain and give examples of cases that have regulated speech.

The first amendment does not protect speech that clearly presents an immediate danger. In the Schneck v. United states, Schneck was convicted for printing and distributing leaflets that urges soldiers to obstruct the war effort during WW1. Oridnarily, the first amendment would protect Schneck's speech. During wartime, however, his actions threatened the well being of the nation. In Gitlow v. New York, the supreme court ruled that speech could be restricted even if it had only a tendency to lead to illegal action. But this law has lost support from the supreme court. (the bad tendency doctrine) The proffered position doctrine holds that the first amendment freedoms are more basic than other freedoms. So any law limiting these freedoms should be ruled unconstitutional unless the government can show the law is absolutely necessary. Seditious speech(sedition laws) is any speech urging resistance to lawful authority or advocating the overthrow of the government. But the court has distinguished between urging people to believe in an action and urging them to take action. In the Brandenburg v. Ohio, the court ruled in favor of a Ku Klux Klan leader who refused a police order to end rally and cross burning. The court explained that talking about the use of force may not be forbidden unless the speaker is trying to provoke immediate acts of violence.

Name the amendment and clause which the supreme court used to make its decision in Reynolds v. United States 1879. Name the case in which the supreme court ruled that an Amish family's free exercise rights were violated.

The first amendment forbids laws prohibiting the free exercise of religion. However, the supreme court has never permitted religious freedom to justify any behavior. In Reynolds v. United States, the court upheld Reynold's conviction. The court explained that people are not free to worship in ways that violate laws protecting the health safety, and morals of the community. In the Wisconsin v. Yoder, the court decided that the state could not require Amish parents to send their children to public school beyond the eighth grade. To do so, the court determined, would threaten to undermine the Amish community.

Define free exercise clause.

The free exercise clause prohibits government from interfering with the free exercise of religion. The interpretations of these clauses have led to a continuing debate in American politics.

Explain what a Heckler's veto is

The many Jewish residents of Shokie were outraged. Many were survivors of the Holocaust. The city required the Nazis to pay a $30,000 bond to get a parade permit. The Nazis claimed the high bond interfered with fee speech and assembly. A federal appeals court ruled that no community could use parade permits to interfere with free speech and assembly. The Shokie case is and example of heckler's veto. The public vetoes the free speech and assembly rights of unpopular groups by claiming demonstrations will end end up in violence.

Name the Amendment that guards against undreasonable searches and seizures. Explain what police today generally name to search for evidence

The police need evidence to accuse people of committing crimes. Getting evidence requires searching people or their homes, cars, or offices. The 4th amendment guards against unreasonable searches and seizures. Today police generally need a warrant to search for evidence or make an arrest. However, in many situations, police may conduct a search without a warrant.

Define the rational basis test

The rational basis test provides that the Supreme court will uphold a state law when the state can a good reason for the classification applied in the law. The Court usually puts the burden of proving that a law unreasonable on the people challenging the law.

Explain how the internet has created challenges the rights to privacy.

Widespread use of internet is creating many new challenges to the right to privacy. One concern is online surveillance by the government. Online privacy is also being threatened by the ability of web sites, hackers and marketers to gather personal information about people as they "surf" the web and store it in data warehouses, where it becomes available to nearly anyone anyone willing to pay for it.