EXAM 2

What is the name of the first two clauses of the First Amendment that are the constitutional basis of religious freedom in the United States?

- Establishment clause ....Congress should make no law respecting an establishment of religion and free exercise clause.... Rights to the freedom of speech, of the press peaceably assembly and association, and petition to government

What is "Incorporation"?

- Means that the court declares a civil liberty from the bill of rights to be protected against state governments abuse through the Due Process Clause of the 14th amendment.

Which approach has the U.S. Supreme Court used?

- Selective incorporation

- How does the textbook define "religious freedom"?

- The freedom to develop and live according to ones own religious beliefs insofar as doing so does not interfere with the same freedom of others.

What's the difference between "selective incorporation" and "total corporation"?

- Total corporation: which is the idea that all of the civil liberties protected by the bill of rights should automatically be incorporated into the due process clause all at once. - Selective Incorporation: supreme court has chosen (one case and 1 right at time) from which civil liberties from the bill of rights to incorporate though the 14th amendment due to process clause.

Georgia's constitutional liberties place legal obligations on which of the following?

-local governments within Georgia -Georgia's state government

What does judicial review have to do with how civil liberties are enforced in practice?

-the authority of courts to decide whether an act of government is constitutional or unconstitutional

- The difference between incorporation and unenumerated rights is that

..... incorporation is about those rights explicitly listed in the text of the constitution specifically in the bill of rights- whereas the courts protection of unenumerated constitutional rights involves rights that are not explicitly mentioned anywhere in the constitution - The courts especially the us supreme court, have played a vital role in providing authoritative interpretations of otherwise vague civil liberties. _the power of judicial review allows courts to decide whether an act of government is constitutional. Decisions made via judicial review appl to all lower courts and jurisdictions

What does "reasonable expectation of privacy" have to do with how the Supreme Court has interpreted the 4th Amendment?

1st: search must NOT be unreseoanable 2nd: search warrants - which is legal authoritzations for gov. officals to conduct searches MUST ONLY be issued if the gov. has probable cause—which is reasonale grounds for believing a suspect is gengaged in criminal activity 3rd: serach warrant come from a judge 4th" particular thing must be searched nothing more

does the Second Amendment protect a right for individuals to own firearms for self-defense? Or does it only instead protect the right for persons to own guns for purposes of serving in a "well-regulated militia"?

2nd amendment not concerned with individual person being able to own and carry gun but accorinding to proponents of gun control the purpose is to soley to assure that citizens are able to bear arms when served in a well regulated militia—disregard 2nd amendment protect an individual rights to own a fire arm for seld defense!! RIGHT TO BEAR ARMS = NOT ABSOLUTE

Eighth Amendment and how it came to be interpreted throughout Supreme Court history. Are there instances when the death penalty cannot be applied?

8th Amendment: prohibits the kinds of punishment that the founding fathers though as curel - drawing, quartering and burning at the stake Supreme court: the punishment considered to be in violation of the 8th amendment should change over time according to society's enolving sense of decency Sexual assult of young children cannot be punished by the death penalty unless the crime results IN DEATH OF THE VICTIM--- also decided prohibits kids under ages 18 and those who are disable ----- death sentence unconstitutional unless actual racial bias in that cases could be demonstrated

Did civil liberties listed in the Bill of Rights of the U.S. Constitution apply to actions taken by state governments prior to the Civil War? Did they apply to actions taken by the federal government prior to the Civil War?

All civil liberties in the Bill of Rights apply to actions taken by the federal government That is why the 14th amendment says that no state government shall deprive citizens from their rights Citizens deprived from their fundamental rights by the states so then 14 amendment was ratified

Why, according to the textbook, is the incorporation of criminal justice rights under the 14th Amendment "especially important"?

Because most law enforcement activities are conducted by state and local police depart. and most criminal trials take place in state courts and pertain to state criminal level. U.S constitution protects for the criminally accused at the level of government (state and local)

Civil Liberties

Constitutional freedoms guaranteed to all citizens - They all place legal obligations on government (and only on government

What is the "actual malice standard" and what is its relevance for speech that allegedly defames public figures?

Defamation: is making of false statement that harm someone's reputation ----if expressed in writing then it is Libel. When defamatory statement is spoken out loud then it is Slander Actual Malice Standard: used for determinng whether defamatory statements made about elected officals are protected by 1st Amendment For someone to be legally liable for a defamation suit it must be proven not merelt that they made false statement, but that they knew the statement was false or demonstrated reckless . Provides a higher standard of proof to defmamtion suits bought by elected officals.

What is meant by "content-neutral regulations" and what do they entail?

Gov. may not restrict the content of speech is that the gov may impose content- netural regulations that interfere with speech so long as such regualtions are reasonable

If someone goes a full year after being charged with a crime before having a trial, would this necessarily result in charges being dropped on account of the person being deprived of their right to a speedy trial?q

Holding delays of multiple years is still speedy—take serveal years But, if there is too long if a delay before trial then charges must be dropped

What is the exclusionary rule? What is its purpose? Why are a growing number of constitutional scholars, lawyers and judges questioning its wisdom?

If gov. searched though unconstitutional search then evidence cannot be presented in court They question its wisdom bc police may have failed to strictly follow 14th Amendment standards ---- the exclusionary rule is too rigid Good faith: If obtained evidence from an invalid warrant does not need to be exculted if officer acted in good faith and falsey believed the warrant was valid.

What did the Supreme Court declare about the right of self-incrimination in Miranda v. Arizona (1966)? Specifically, according to the Court in Miranda, what must police tell criminal suspects before they question them?

If the suspect did not intentionally waived their rights then any statement s they made can not be used against them

Civil liberties pertaining to criminal justice establish rules and procedures that the executive and judicial branches must follow when investigating, accusing, convicting, and punishing criminal suspects and convicts. What, according to the textbook, is the purpose (or "aim") of these rules and procedures?

Is to empower government to prevent and punish crime while also leading gov to respect the right of the innocent, the acused and the guilty1

"the primary purpose" of the 4th Amendment?

Is to protect citizens from unjustified gov. interference when law enforcemenrt officals search for evidence

, what part of the U.S. Constitution is violated if state or local governments deprive same sex couples of the right to marry?

It violated many states constitution including GA

What is strict scrutiny? What does it have to do with the Sherbert Test?

Label given to the most stringent approach taken by courts when reviewing potentially unconstitutional gov. actions When applying strict scrunity to Sherbert Test a court makes the presumption that the government action in questions is unconstitutional

What is the Lemon Test and why is it associated with the Establishment Clause?

Lemon Test: test whether a law violated the Establishment Clause MUST MEET THESE CONDITIONS - The law must have a secular legislative purpose - The law must not result in an excessive government entanglement with religious affairs - The law must neither advance nor inhibit religious practice

, how do liberals and conservatives tend to differ in how they interpret civil liberties pertaining to the criminal justice system?

Liberals tend to be more concered than conservatives with protecting thr rights of criminal suspects and convitcs while Conservatives are more concerened with the importance of empowering gov. to prevent and punish criminal activity Lliberals strong protections for the criminally accused while conservatives tend to interpet these liberties as providing more modest protections

two forms of expression that are protected by the U.S. Constitution (as interpreted by the U.S. Supreme Court) but that are not constitutionally protected in other democrat

Only western democratic that has hate speech protection Treating the spending of money on political campaigns and advertising as a form of political expression worthy of constitutional protection

what part of the U.S. Constitution is violated if state or local governments deprive same sex couples of the right to marry?

Parts of states' constitution even GA

What act of Congress requires the federal government to pass the Sherbert Test whenever it passes laws or enacts policies that infringe on religious activities?

Religious Freedom Restoration Act--- gov. to exempt persons from laws and regulations that had the effect of interfering with their free exercise unless the interferences could withstand strict scrunity --- this applied regardless of the law was neutral or applicable RFRA does apply to the federal government - courts have to apply the Sherbert Test to all federal gov. actions (DOES NOT APPLY TO STATE)

What did the Supreme Court declare about the 6th Amendment right to an attorney in Gideon v. Wainwright (1963)? What specific impact (discussed by the textbook) did this decision have on the criminal justice system?

Requires gov. provide an attorney to any criminal defendant who request one and cannot afford one`

Beginning with Roe v. Wade (1973), what part of the Constitution has the Supreme Court claimed to be the source of protection for the right to privacy?

Right of personal privacy

2nd Amendment

Right to bear arms It protect the rights of individual person to own and carry guns for their own self-defense and you are also able to hunt etc.

What is the difference between the concepts of "separation of church and state" and "accommodationism"?

Separation of church and states: endorsed by liberal supreme court justices ; that the establishment clause designed to reduce or elimate the role of religion in government affairs together ------------- Accommodationism: endorsed by conservatives supreme court justices ; the establishment clause simply requires that no one be forced to participate in religious activites against their will and gov. not endorse one religion By this view constitution does not mandate the separation of church and state; instead gov. may accommodate religion so long it does not compel activity

There are two phases in the Sherbert Test. Which questions are asked are in each phase?

Sherbert Test: test used for determining whether a government action interfers with the legal rights to the free exercise of religion ======== QUESTIONS ---- PHASE 1 The person has a claim involving a sincere religious belief The government action is an actual burden on the person's ability to act on that belief

What test has the Court established for determining whether expression is obscene?

The Miller Test: determing whether expression is obscence and therefore unprocted by the 1st amendment freedom of expression IT MUST BE DETEMINE THAT Applying contemporary community standards, would find that the work taken as a whole appeals to the prurient interest The work depicits or describes in a patently offenstive way, sexual conduct specifically deinfed byt the applicable state of law The work taken as a whole lacks serious literary artistic political or scientific value

Questions ----- PHASE 2

The government interference with religious practice is the result of pursuing a compelling government interest There is a way for government to pursue the compelling government interest that would have placed less of a burden on the free exercise of religion

According to the Supreme Court, what exactly is required by the 6th Amendment command that criminal trials must be by an "impartial jury"?

The jury are only required for charges carrying either the death penalty or a maxium sentence of more than six months tated may have smaller juries few as 6 (usually is 12) - drawn randomly Must reach an unanimous verdict before convicting someone of a serious crime

what ground did the U.S. Supreme Court, in Lawrence v. Texas (2003), declare unconstitutional a Texas statute that made it a crime to engage in sodomy "with another individual of the same sex."

The right to personal privacy protected by the due process clause of the 14th amendment is violated when laws seek to regulate sexual activity It was unconstitutional bc it discriminated based on sexual orientation ---- (sodamy with same sex discriminated; in which "all" sodamy should be discriminated instead of singling out sodamy of the same sex)

Content-based restrictions

This is unconstitutional - this basically is when the government law or action that restricts the freedom of expression bc of disapproval of the content of the message being expressed

In Planned Parenthood v. Casey (1992), the Supreme Court replaced the "trimester framework" (from Roe v. Wade) with something called the "undue burden standard"? What according to the textbook did the "undue burden standard" open the door for pro-life leaders to successfully implement?

Trimester allowed banning abortion only during the thrid trimester Undue burden standard: government may pass laws intending to infrom a women's free choice abt abortion in the earliest stages of pregnancy so long as doing so does not hinder that free choice. Opened the door for pro life leaders to successfully implement tighter restrictions on abortion at the state level

What does the "right to privacy" have to do with "unenumerated constitutional rights"?

Unenumerated constitutional rights: rights that are said to be implied by the constitution but aren not mentioned in it. ---- these rights are protected by the Due Process Clause of the 14th Amendment Right to privacy: a private decision that a government may not legitment interfer with them. This is a unenumerated constitutional right said to be protect byt the Due Clause of the fundamental 14th amend. Basis right of women choosing the right to abortion and engage in sexual conduct

14th Amendment

amendment of the U.S Constitution is most often used to ensure federal civil liberties are protected at the state and local level

What 2 clauses of the 14th amendment?

due to process clause - privileges or immunities

According to the Supreme Court, which of the following forms of expression are entitled to less First Amendment protection than ordinary forms of political expression:

flag burning; slander of public figures; obscenity; student speech (in public schools); hate speech; the spending of money on political campaigns; "fighting words;" expression that merely promotes (but is unlikely to actually produce) lawless action; content-neutral restrictions on the time, place and/or manner in which ideas are expressed; expression that promotes, and is likely to incite or produce, imminent lawless action; libel of public figures

Marketplace of ideas:

government should not suppress expression of unpopular ideas, but should let different viewpoints compete for social acceptance since the " best test of truth is the power of the thought to get itself accepted in the competition of the market"

Content-netural regulations

has the effect of restricting freedom of expression but that does so w/o being directed at ant particular speaker. Court only allows to content-neutral regulation that are "base, place or manner"

The Fifth Amendment right against self-incrimination protects just about everyone when they are being officially questioned, but it is more strongly protected for criminal defendants.

when suspect is held in custody the environment can be psychologically coercive and physically abusive and this can lead suspect to provide self-incrimination evidence against their will

Has the U.S. Supreme Court incorporated the Second Amendment under the Due Process Clause of the 14th Amendment.

yes incorporated the 2nd amendment into the Due Process Clause of the 14th amendment