Homework 3

In what ways is the second amendment different from the first amendment?

First amendment: allows for the freedom of the press, allows for the freedom of speech Second amendment: allows for the right to bear arms

What does the free exercise clause allow?

The clause allows individuals to abstain from religion. The clause allows citizens to believe and practice whatever religion they choose.

the concept of "public forum doctrine" under the first amendment...

The government cannot prohibit speech and assembly in places used for that purpose, apart from its interest in maintaining security. it involves protection of public spaces traditionally used for assembly.

the right to bear arms is found in which amendment?

The right to bear arms has been one of the most contentious of our civil liberties in the twenty-first century. it is found in the second amendment

Which of the following best describes the pattern of court cases dealing with the right to bear arms over the course of our nation's history?

the court didnt deal with these cases until the 21st century. The Court heard only four cases related to the Second Amendment before 2007.

Which of the following best describes the Supreme Court's stance on public displays of religious symbols?

the courts rulings have been inconsistent.

What role does the grand jury serve?

(first clause of the fifth amendment) the right to a grand jury to determine whether a trial is warranted, is considered "the oldest institution known to the Constitution." the grand jury determines if satisfactory evidence is accessible to warrant a trial.

from the group with the largest percentage of the U.S. population to the group with the smallest.

1. Christians 2. non religious 3. other major world religions

the three parts of the Lemon test?

1. Does the practice have a secular legislative purpose? 2. Does the practice have a secular legislative purpose? 3. Does the practice foster an excessive government entanglement with religion?

Why has the "stop and frisk" police tactic been a topic of controversy?

1. The "stop and frisk" tactic is used primarily in minority communities. This tactic has been linked to racial profiling. 2. This tactic has become routine for some police departments. In some police units, officers are given the green light to check thousands of individuals whom they think look "suspicious." 3. This tactic leaves a lot of discretion to a police officer to determine probable cause. Probable cause is extremely subjective. It is supposed to be used only when a police officer believes an individual is armed.

How does the "wall of separation" apply to the establishment clause?

1. The "wall of separation" refers to the dissociation between church and state. The government cannot establish an official church or favor a state-sponsored religion over others. 2.

How has the Supreme Court influenced privacy rights?

1. The Court expanded privacy rights when it ruled that women have a right to seek an abortion. 2. The Court expanded privacy rights when it ruled that states cannot make homosexual conduct a crime. 3. The Court expanded privacy rights when it ruled that people have "privacy in one's association."

The evolution of privacy rights in order from oldest to most recent

1. The supreme court ruled in favor of martial privacy, 2. the supreme court expanded the right to privacy with regard to abortions, 3. the supreme court ruled that gays did not have a right to privacy, 4. the supreme court ruled that gays have a right to privacy

Which of the following rights appeared in the original text of the Constitution, before the addition of the Bill of Rights?

1. This right can be found in Article I, Section 9, of the Constitution. Habeas corpus refers to an order by a judge for a person in custody to appear in court for an explanation of why he or she is being held. 2. right to trial by jury in the state where a crime was committed (Article 3)

the __________ is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the ______________ has to do with Congress prohibiting or interfering with the practice of religion.

1. establishment clause, prohibits the government from making any law "respecting an establishment of religion." This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. 2. free exercise clause, "shall make no law ... prohibiting the free exercise of religion."

Which of the following terms are associated with freedom of religion?

1. free exercise clause 2. Lemon test 3. establishment clause

Order these types of speech from most protected to least protected.

1. freedom of the press 2. speech plus 3. commercial speech 4. fighting words.

Article 3 of the Constitution

1. garuntee by trial of jury in state where crime was committed 2. treason defined and limited to the life of the person convicted, not to the person heirs

Article 1, section 9

1. guarantee of hebeas corpus 2. prohibition of bills of attainder 3. prohibition of ex post facto laws 4. prohibition against acceptance of titles of nobility from foreign states 5.

The Fourth Amendment protects citizens from unreasonable __________. It does this by guaranteeing citizens due process of law and by applying the ________ , which makes evidence from illegal searches inadmissible.

1. searches and seizures 2. exclusionary rule The exclusionary rule came about as a result of a 1961 court case.th

What parts of the Constitution have been used to expand the right to privacy?

1. the fourth amenedment, The Fourth Amendment prohibition against unreasonable searches has been interpreted as being part of a right to privacy. 2. the first amendment, The Supreme Court ruled that the right to be left alone is part of the free speech clause.

Judicial branch, corresponding amendment, which serves as a check on their power

5th, 6th, 7th, and 8th amendments. This group of amendments establishes basic procedural requirements for the judiciary to follow as well as protections for citizens brought before it.

The Bill of Rights was adopted as part of the Constitution as a concession to which political faction?

Antifederalists distrusted a stronger central government and demanded that certain limitations be built into the Constitution. federalists did not think the Bill of Rights was necessary.

How has the government protected the right to privacy?

Court cases regarding birth control and abortions have expanded the right to privacy. various supreme court cases have recognized the right to privacy.

The right to privacy was formally established in which case?

Griswold v. Connecticut established a right to privacy as a constitutional protection.

Which case did the Supreme Court apply Second Amendment protections to the states?

McDonald vs Chicago, This case overturned a Chicago law that made it difficult to obtain a handgun.

Fifth Amendment

The Fifth Amendment deals with the consequences of a trial's verdict, protects citizens from being tried twice for the same alleged crime (double jeopardy)

First amendment vs second amendment

The First Amendment deals with freedoms of religion, speech, assembly, press, and petitioning. The Second Amendment has a much narrower focus, as it deals with the right to bear arms. Both amendments are within the Bill of Rights, which limits government power so that individuals can be protected. Civil liberties (found in the first ten amendments) specifically limit the power the government has over its citizens.

Legislative branch, corresponding amendment, which serves as a check on their power

The First Amendment establishes restrictions on the sorts of activities that Congress can prohibit and prohibits the establishment of a national religion. congress cannot make any law establishing a religion or abridging freedoms of religious exercise, speech, assembly, or petition.

the concept of "speech plus" under the first amendment...

The term "speech plus" refers to speech combined with some action such as picketing or sit-ins. speech accompanied by actions such as protesting.

the concept of "prior restraint" under the first amendment...

With the exception of the broadcast media, which are subject to federal regulation, the press is protected under the doctrine against prior restraint. government efforts to block the publication of material.

Executive Branch. corresponding amendment, which serves as a check on their power

amendments 2, 3 and 4. These amendments codify the limits of executive power regarding how it interacts with citizens, their persons, and their property. the executive branch cannot infringe on the right of the people to keep arms (2), cannot search or seize evidence without a court warrant swearing to a probable existence of a crime (4).

Which of the following falls under the exclusionary rule?

exclusionary rule has to do with the fourth amendment. prohibits evidence obtained during an illegal search from being introduced in a trial. Illegally or unconstitutionally acquired evidence cannot be used in a trial. Suspect confessions given without proper reading of the Miranda rights cannot be used at trial.

true or false, The Supreme Court has generally been consistent in its protection of the right to privacy.

false, The Supreme Court has not been consistent in its protection of the right to privacy. For example, it reversed several decisions that limited the right to privacy in the 2000s.

true or false, the constitution does not provide a basis for a right to privacy.

false, the Supreme Court has used various parts of the Constitution to uphold the right to privacy.

What is the purpose of a "shield law"?

it protects confidentiality of journalists' sources. Freedom of the press is an important part of the freedom of speech. Journalists argue that in order to ensure that freedom, they must be able to protect their sources from the government or other reprisal.

look in book for court cases/amendments

page 120-122

Hebeas Corpus

prohibits government from depriving a person of liberty without an open trial before a judge Article 1, section 9.

Fourth Amendment

protects against unreasonable searches and seizures

Sixth Amendment

protects citizens by giving the right to receive counsel for defense of a crime

Eighth Amendment

protects citizens from being tortured or excessively threatened