Gov: chpt 4

which right was the 1st to be incorporated

freedom of speech

Fifth Amendment

Burden of proof on prosecution

1st amendment

- Applied to federal government only - States had own bills of rights - Barron v. Baltimore (1833)

Belief versus practice

- Cannot violate rights of others - Example case of the Amish - Discrimination in employment

Strict scrutiny

- Compelling state interest - Narrowly tailored

Examples of symbolic speech

- Wearing an armband - Burning the U.S. flag - Marching in a parade

14th amendment

- due process clause - incorporation doctrine

what are 2 requirements in the freedom of assemble?

- right to assemble - right to associate

what does the establishment clause involve?

-Education -Religious Activities in Public Schools -School Prayer -Evolution -Public Displays

Fourth Amendment

-Probable cause -Search warrants -Various cases, lots of exceptions

Defendants' Rights

-Searches and Seizures -Self-Incrimination -The Right to Counsel -Trials -Cruel and Unusual Punishment

What sort of restrictions can be placed on freedom of assembly?

-Time -Place -Manner -All of the above

The constitution and the Stages of the Criminal Justice System

1)crime 2) arrest 3)prosecutions 4) trial 5) verdict

what is part of the lemon test?

A law must not impose costs on religious organizations.

How does the Constitution limit democratic rule?

By preventing the majority from restricting minority rights

What amendment protects against self-incrimination?

Fifth

What rights do accused persons enjoy? Where are protections for these rights found in the Constitution?

Miranda rights

4.5 Describe the right to bear arms protected by the Second Amendment and its limitations

Most people have a right to possess firearms and use them for traditionally lawful purposes. However, government may limit this right to a certain classes of people, certain areas, he certain weapons, and may require qualifications for purchasing firearms.

What famous Supreme Court case prevented states from outlawing abortion?

Roe v. Wade

4.8 Assess how civil liberties affect democratic government and how they both limit and expand the scope of governement

The rights of speech, press, and assembly are essential to democracy. So is majority rule. When any of the Bill of Rights, including defendants rights, conflicts with majority rule, rights prevail. There is a paradox about civil liberties and the scope of the government. Civil liberties, by definition, limit the scope of government action, yet substantial government efforts may be necessary to protect the exercise of rights.

When was the Second Amendment incorporated?

2008

4.3 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights

Americans enjoy a wide protections for expression, both spoken and written, including symbolic and commercial speech. Free expression is protected even when it clicks with other rights such as the right to a fair trial. However, the First Amendment does not protect some expression, such as libel, fraud, obscenity, and incitement to violence, and government has more leeway to regulate expression on the public airwaves.

4.7 Outline the evolution of a right to privacy and its application to the issue of abortion

Beginning in the 1960's, the Supreme Court articulated a right to privacy, as implied by the Bill of Rights. This right has been applied in various domains and is the basis for a woman's right to an abortion under most, but not all, circumstances.

What is the current standard for constitutionally protected speech?

The "imminent lawless violence" standard

4.6 Characterize defendants' rights and identify issues that arise in their implementation

The Bill of Rights provides descendants with many rights, including protections against unreasonable searches and seizures, self-incrimination, entrapment, and cruel and unusual punishment (although the death penalty is not inherently constitutionally acceptable). defendants also have a right to be brought before a judicial officer when arrested, to have the services of counsel, to receive a speedy and fair trial (including by an impartial jury), and to confront witnesses who testify against them. They also must be told of their rights. Nevertheless, the implementation of each of these rights requires judges to make nuanced decisions about the meaning of relevant provisions of the Constitution.

4.4 Describe the rights to assemble and associate protected by the First Amendment and their limitations

The First Amendment protects the rights of Americans to assemble to make a statement, although time, place, and manner restrictions on parades, picketing, and protests are permissible. Citizens also have the right to associate with others who share a common interest.

4.2 Distinguish the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

The establishment clause of the First Amendment prohibits government sponsorship of religion, religious exercises, or religious doctrine, but government may support religious related activities that have a secular purpose if this does not foster excessive entanglement with religion. The free exercise clause guarantees that people may hold any religious views they like, but government may at times limit practices related to those views.

4.1 Trace the process by which the Bill of Rights has been applied to the states

Under the incorporation doctrine, most of the freedoms outlined in the Bill of Rights limit the states as well as the national government. The due process clause of the Fourteenth Amendment provides the basis for the protection of rights.