chapter 4.2

exclusionary rule

a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

Explain the difference between the collective rights and individual rights views of the Second Amendment. Which of these views did the Supreme Court's decision in District of Columbia v. Heller reflect?

collective rights are like rights that are for the people of the united states(religion, free press) individual rights citizens have right to bear arms to protect themselves. The courts decisions reflected individual rights.

Establishment Clause

the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

Which of the following provisions is not part of the First Amendment

the right to keep and bear arms the right to peaceably assemble the right to free speech the protection of freedom of religion A

Third Amendment

NO CITIZEN SHOULD BE FORCED TO QUARTER SOLDIERS IN THEIR HOMES

Fourth Amendment

Protects against unreasonable search and seizure

Explain the difference between the establishment clause and the free exercise clause, and explain how these two clauses work together to guarantee religious freedoms.

The two clauses together protect religious liberty but from opposite directions. The establishment clause prevents governments from having an official religion (thus giving all religions a chance to flourish), while the free exercise clause clearly empowers individuals to practice as they wish.

prior restraint

a government action that stops someone from doing something before they are able to do it (e.g., forbidding someone to publish a book he or she plans to release)

blue law

a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays

conscientious objector

a person who refuses on moral grounds to participate in warfare

common law right

a right of the people rooted in legal tradition and past court rulings, rather than the Constitution

sherbert test

a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a "compelling governmental interest" at stake and it accomplishes its goal by the "least restrictive means" possible

The Fourth Amendment's requirement for a warrant _____

applies only to searches of the home applies only to the seizure of property as evidence does not protect people who rent or lease property does not apply when there is a serious risk that evidence will be destroyed before a warrant can be issued D

The Third Amendment can be thought of as

forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments