Government: Unit 4: Civil Liberties (Chapter 19)

In what ways was the founding of the United States of America religious in nature?

religious independents as chaplains- Gentles' concept of 'holy ruthlessness'

Content neutral

the government may not regulate assemblies on the basis on what might be said

Right of association

the right to associate with others to promote political, economic, and other social causes

Assemble

to put or bring together

Libel

A written defamation of a person's character, reputation, business, or property rights.

Picketing

Patrolling of a business site by workers who are on strike

Slander

Spoken defamation

Petition

a formal request for government action

How does the Constitution protect the rights of individuals against government? (19.1)

- The Constitution guarantees civil rights and civil liberties to the American people. - Many of these rights and liberties are protected by the laws established in the Bill of Rights and the 14th Amendment.

Explain how Americans' commitment to freedom led to the creation of the Bill of Rights. (19.1)

- There was no general listing of the rights of the people in the Constitution until the Bill of Rights was ratified in 1791. Now the Bill of Rights is an essential part of the Constitution. - James Madison (right) authored the Bill of Rights.

civil liberties (19.1)

- freedoms protected against any unjust actions taken by the government

process of incorporation (19.1)

- manner in which the Supreme Court has interpreted the guarantees in the Bill of Rights as being part of the Due Process Clause

Civil disobedience

A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences.

Injunction

A judicial order forcing a person or group to refrain from doing something.

Shield law

Law guaranteeing news reporters the right to protect the annonymity of their sources. States have passed this--not the federal government.

Parochial

church-related

Seditious speech

Speech that encourages an effort of people or groups to overthrow or harm the government using violence

Symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Due Process Clause (19.1)

- clause in the 14th Amendment that says no state can take away a person's life, liberty, or property without due process of law

Describe how the 9th Amendment helps protect individual rights. (19.1)

- 9th Amendment declares that the people have rights beyond those specifically listed in the Constitution. - Over time the Supreme Court has determined that some of these unlisted rights include: - The right of a person not to be tried on the basis of unlawfully gained evidence - The right of a woman to choose to have an abortion

Understand that the rights guaranteed by limited government are not absolute. Be able to explain through specific examples how individual rights are not absolute. (19.1)

- All governments have authority over individual citizens. - In a democratic government such as the United States, this authority is limited by laws like the Bill of Rights, which specifies individual rights and freedoms that government cannot violate. - U.S. citizens may exercise their own rights as long as they do not infringe upon the rights of others. Example: right to free speech does not protect obscene language. - Rights can come into conflict with each other. When this happens, the courts must then decide the issue. Example: Blaring music late at night is not a right because it infringes on the rights of others.

Show how federalism affects individual rights. Be able to explain how the Bill of Rights are covered by the 14th Amendment's Due Process Clause. (19.1)

- Bill of Rights applies to the actions of the federal government, not the state governments. - However, each state constitution contains its own bill of rights to protect the freedoms of its citizens. - the 14th Amendment extends the basic rights protected by the Bill of Rights to the citizens of all states. - 14th Amendment includes a Due Process Clause. The Supreme Court has ruled that this clause means no state can deny any person their basic rights and liberties. - Over time, through the process of incorporation, these basic rights and liberties have been defined as including most of the protections in the Bill of Rights.

Compare and contrast civil liberties and civil rights. (19.1)

- Civil liberties can be thought of as freedoms protected from possible government abuse. - Civil liberties include freedom of religion, speech, and the press as well as the right to a fair trial. - Civil rights can be thought of as freedoms defended by the government. - Civil rights include laws banning discrimination.

How does the 1st Amendment protect the freedom of religion? (19.2)

- Establishment Clause of the 1st Amendment bans Congress from passing any law to establish a religion. - Free Exercise Clause bans Congress from preventing anyone from freely practicing their own religion. - 14th Amendment extends these bans to the state governments.

civil rights (19.1)

- freedoms protected by positive actions taken by the government

Free Exercise Clause

- the 1st Amendment clause that bans government from interfering with the free practice of any religion

Establishment Clause

- the clause in the 1st Amendment that prohibits the government from establishing a religion

Bill of Rights (19.1)

- the first ten amendments added to the Constitution, ratified in 1791

Prior restraint

A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.

Summarize the Supreme Court rulins on religion and education as well as other Establishmen Clause cases.

The Supreme Court basically made segregation in the US constitutional, but if you were going to do it, it had to be separate but equal accommodations.

Sedition

behavior that promotes rebellion or civil disorder against the state