American Government Chapter 9

According to William Blackstone, what does freedom of the press involve?

"consists in laying no previous restraints upon publication, and not in freedom from censure for criminal matter when published"

What are the two dominant ideas of the Second Amendment?

(1) Militias are necessary to the security of a free state, (2) The right to keep and bear arms cannot be infringed (violated).

What are the three purposes of the establishment and the free exercise clauses?

(1) to prevent the establishment of a national religion or state church or the granting to any church or denomination a preferred legal status; (2) to safeguard the right to freedom of religion and liberty of conscie3nce against invasion by the federal government; and (3) to permit the individual states to deal with religious establishments or institutions as they saw fit without federal interference

How long did Prohibition last? What benefits did it bring to the nation?

13 years; crime related to the use of alcohol decreased considerably, broken homes were mended family relationships were restored, public health improved, and American industry was less wasteful, less inefficient, and less accident-prone

Which amendment abolished slavery in the United States? Which one granted former slaves citizenship? Which one established their right to vote?

13th Amendment; 14th Amendment; 15th Amendment

What is the source of federal civil rights legislation?

14th Amendment

Which amendment established national prohibition? What act provided the means to enforce the amendments?

18th amendment; Volstead Act (National Prohibition Act)

Which amendment repealed Prohibition?

21st Amendment

What are the three purposes of the establishment clause and the free-exercise clause of the bill of rights?

(1) to prevent the establishment of a national religion or state church or the granting to any church or denomination a preferred legal status; (2) to safeguard the right to freedom of religion and liberty of conscience against invasion by the federal government; and (3) to permit the individual states to deal with religious establishments or institutions as they saw fit without federal interference

Discuss the relationship between rights and responsibilities

For every right there is a corresponding responsibility. Rights must be set within the framework of Christian morality; without this framework, men's passions go unchecked and the very rights that make them "free" eventually make them prisoners.

Explain the relationship between rights and responsibilities.

For every right, there is a corresponding responsibility; for every privilege, there is a corresponding duty.

What prohibitions has the Court made against a total "free exercise of religion"?

It is limited in scope; common standards of decency, law and order may not be violated. It also must not be dangerous.

How is freedom of speech a limited right? What types of speech are not protected in the Bill of Rights?

It was never intended to permit the public use of abusive, vulgar, profane, or offensive language or language that could cause physical harm to others; slander, libel, and treason are not protected

State the importance of the following cases: Lemon v. Kurtzman (1971), Reynolds v. United States (1879), Chaplinksky v. New Hampshire (1942), Roth v. United States (1957), Miller v. Caifornia (1973).

Lemon v. Kurtzman-gave the Court the Lemon Test to use in deciding establishment clause cases; Reynolds v. United States-first free exercise case; Chaplinsky v. New Hampshire-the right of free speech does not include the use of lewd, obscene, profane, and libelous expressions or words which by their very utterance inflict injury or tend to incite an immediate break of the peace; Roth v. United States-the Supreme Court defined obscenity as anything "utterly without redeeming social importance"; Miller v. California-the Court rejected the previous test of "utterly without redeeming social value" and allowed for debauchery and immorality to permeate American society.

What rights does the Fifth Amendment guarantee?

No ordinary citizen can be accused of a capital or other serious crime before a grand jury considers the evidence and decides if it is sufficient for the person to stand trial

What are some good indications that absolute separation of religion and government was not intended in the First Amendment? What did the Founding Fathers intend?

The other acts and writings of the Founding Fathers are good indicators that absolute separation was not intended. They intended that Congress may not establish a state church or give legal reference to any church of denomination.

What is the reason many states insisted that a bill of rights be added to the Constitution?

They wanted a guarantee of certain individual rights.

What was the reason many states insisted a bill of rights be added to the Constitution?

They wanted a guarantee of certain individual rights.

What is a bill of rights?

a statement of an individual citizen's legal privileges

What is the Lemon Test?

a test used in deciding establishment clause cases; test came from the court case Lemon v. Kurtzman (1971) in which the Court gave three criteria in deciding establishment clause cases: (1) the law must have a secular purpose, (2) the law's primary effect must be neutral toward religion, and (3) the law must not foster an excessive entanglement of government with religion

Why did the Founders refuse to support an established religion?

because they believed that true religion is a matter of the heart and will and cannot be forced upon an individual

According to the 26th Amendment, who may vote in federal elections?

citizens eighteen years of age or older

What does the Eighth Amendment prohibit?

excessive punishments

What right is guaranteed in the Fourth Amendment?

freedom from unreasonable search and seizure

What are the four freedoms that are described in the First Amendment and define each.

freedom of religion (freedom to worship in and support a church of one's choice rather than a state church); freedom of speech (freedom to freely voice one's opinion on matters pertaining to religion, politics, ethics, and economics); freedom of the press (the legal right to publish or disseminate one's beliefs or opinions); and freedom of assembly and redress of grievances (liberty to publicly assemble and demonstrate or protest concerning political or social problems)

What is provided by the Seventh Amendment?

jury trial for lawsuits where the sum of money in dispute exceeds $20

What limits did the 22nd Amendment place on the Presidency? Whose exceptionally long tenure as President prompted the adoption of this Amendment?

limited a presidential tenure to two terms and a maximum of ten years; President Franklin D. Roosevelt

What right does the Third Amendment guarantee one in regard to his home?

property right

What right is guaranteed in the Sixth Amendment?

right to a fair, public trial

What did the Supreme Court decide about Capital punishment in Furman v. Georgia (1972)? In Gregg v. Georgia (1976)?

that the implementation of capital punishment by several states was arbitrary and constituted "cruel and unusual punishment"; that the "punishment of death does not invariably violate the Constitution"

What three documents form the background to our Bill of Rights?

the Massachusetts Body of Liberties, the English Bill of Rights, and the Virginia Declaration of Rights

What three documents form the historical background of the bill of rights?

the Massachusetts body of liberties, the English Bill of Rights, and the Virginia Declaration of Rights

What does the final section of the First Amendment protect?

the right of the people peaceably to assemble and to petition the government for a redress of grievances

What was the purpose of the 19th Amendment?

to make women's suffrage a part of the United States Constitution

What, according to journalist Walter Williams, is the most "human" right of all?

to private property

What protections are guaranteed in the Ninth Amendment?

unenumerated rights of the people

What is the Lemon Test?

used to decide establishment clause cases; contains the following criteria: (1) the law must have a secular purpose, (2) the law's primary effect must be neutral toward religion, and (3) the law must not foster an excessive entanglement of government with religion

What group lent final support for ratification of the Constitution in Virginia?

Baptists