'Ap Gov. Chapter Four Study Guide\r'

' civil Liberties and civic Rights Study Guide A. Chapter 4: a. Terms: i. Civil Liberties: The efficacious constitutional certificates against political sympathies. Although our civil liberties ar plaster castally set down in the billet of Rights, the appeals, wakeless philosophy, and legislatures pay back their meaning. ii. Bill of Rights: The first 10 amendments to the US Constitution, which circumscribe such(prenominal)(prenominal) basic liberties as freedom of religion, manner of speaking, and straighten out and guarantee defendants remedys. iii. prototypal Amendment: The constitutional amendment that establishes the four gravid liberties: freedom of the press, of linguistic process, of religion, and of assembly. v. Fourteenth Amendment: The constitutional amendment adopted later the Civil War that grounds, No State shall hold or enforce and recital of rectitude which shall abridge the privileges or immunities of citizens of the United States, nor shall wha tsoever state deprive all psyche of life-time, liberty, or goodty, without due forge of law; nor deny to any person within its jurisdiction the equal protection of the laws. v. Due cultivate article: come out of the Fourteenth Amendment guaranteeing that persons female genitalia non be deprived of life, liberty, or property by the United States or state governments without due process of law. i. Incorporation Doctrine: The legal concept below which the autocratic lawcourt has nationalized the Bill of Rights by making most of its furnishs applicable to the states through the Fourteenth Amendment. vii. Establishment Clause: Part of the commencement exercise Amendment stating that, â€Å"Congress shall make no law respecting an establishment of religion. ” viii. Free Exercise Clause: A First Amendment provision that prohibits government from interfering with the practice of religion. ix. Prior Restraint: A government go alonging stuff and nonsense from being publ ished.This is a common method of modification the press in slightly nations, but is normally unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme lawcourt shield of Near v. manganese. x. Libel: The publication of false or cattish statements that damage some anes reputation. xi. Symbolic wrangle: Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic reference protection under the First Amendment. xii. technical Speech: Communication in the form of advertising. It green goddess be restricted more than any early(a) types of speech but has been receiving increased protection from the Supreme Court. xiii. Probable Clause: The situation occurring when the police see reason to believe that a person should be arrested. In making the arrest, police atomic number 18 allowed legally to look for and seize incriminating demonstration. xiv. anomalous Searches and Se izures: Obtaining evidence in haphazard or haphazard manner, a practice tabu by the stern Amendment.Probably cause and/or a search authorisation are required for a legal and proper search for an seizure of incriminating evidence. xv. Search undertake: A written authorization from a court specifying the area to be searched and what the police are clear-cut for. xvi. Exclusionary Rule: The blueprint that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure. xvii.Fifth Amendment: A constitutional amendment intentional to protect the rights of persons accuse of criminal offences, including protection against double jeopardy, self-incrimination, and punishment without due process of law. xviii. Self-Incrimination: The situation occurring when an individual accused of a abomination is compelled to be a witness against himself or hersel f in court. The Fifth Amendment forbids self-incrimination. xix. Sixth Amendment: A constitutional amendment designed to protect individuals accused of crimes. It includes the right to interpret, the right to confront witnesses, and the right to a speedy and public trial. x. acknowledgment Bargaining: A bargain struck surrounded by the defendants lawyer and the prosecutor to the effect that the defendant go forth plead guilty to a lesser crime (or fewer crimes) in exchange for the states promise not to prosecute the defendant for a more flagitious (or additional) crime. xxi. Eight Amendment: The constitutional amendment that forbids cruel and unusual punishment, although it does not define this set phrase. Though the Fourteenth Amendment, this Bill of Rights provision applies to the states. xxii. Cruel and Unusual Punishment: Court sentences prohibited by the Eighth Amendment.Although the Supreme Court has rules that mandatory wipeout sentences for certain offenses are unco nstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment. xxiii. Right to privacy: The right to a private personal life free from the intrusion of government. xxiv. Marketplace of Ideas: the public fabrication in which beliefs and ideas are exchanged and compete xxv. inescapable Discovery: exception to the exclusionary rule that allows the use of illegitimately obtained evidence at trial if the court determines that the evidence would eventually find been tack by legal means xxvi.The Smith Act: required fingerprint and registering of all aliens in the u. s. and made it a crime to teach or advocate the violent profane of the u. s. government xxvii. Hate Crimes: crimes that involve hate against tribe because of color, race, or ethnic origin xxviii. Obscenity: an repellant or indecent word or phrase xxix. Miranda Warnings: warnings that must be read to suspects prior to questioning. Suspects must be advised that they have the rights of silence and counsel b. Cases: i. Schenck v.US: Speech is not constitutionally protected when the row used under the circumstances present a clear and present riskiness of bringing closely the evil Congress has a right to prevent ii. Gitlow v. New York: State statutes are unconstitutional if they are arbitrary and unreasonable attempts to exercise authority vested in the state to protect public interests. iii. Dennis v. US: The First Amendment does not protect the right to free speech when the nature or circumstances are such that the speech creates a clear and present danger of substantial harm to important national interests. v. Yates v. US: v. New York Times v. US vi. US v. O’Brien vii. Tinker v. Des Moines: viii. Mapp v. Ohio ix. US v. Eichman: x. Near v. Minnesota: xi. New York Times v. Sulllivan: xii. Miranda v. Arizona: xiii. Engle v. Vitale: xiv. Reynolds v. US: xv. Brandedneg v. Ohio: xvi. BSA v. Dale: xvii. dirty dog v. Kurtzman: xviii. West Virginia v. Barne tte: xix. Gideon v. Wainwright: xx. Smith v. Collins: xxi. Wallace v. Jaffree: xxii. peppermint gum v. Kuhlmeier: xxiii. Santa Fe School Dist. V. Doe: xxiv. Boy Scouts of the States v. Dale: c. Questions: i.Protections of the First Amendment were not originally extended to the states because either state had it’s own bill of rights. barely if a state passes a law violating one of the rights protected by the Bill of rights and the states constitution doesn’t prohibit this then nothing happens. This is determined from the Barron v. Baltimore case that said it alone restrains governments, not states and cities. Later though, it was changed by the ruling of Gitlow v. New York that said that states had to respect to some First Amendment rights. ii.Freedom of speech is the right to express opinions without censorship or restraint. There are many types of speech: 1. Libel: The publication of false or malicious statements that damage someones reputation. 2. 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. 3. Commercial Speech: Communication in the form of advertising. It can be restricted more than any other types of speech but has been receiving increased protection from the Supreme Court. iii.Basic restrictions on speech include: prior restraint, government preventing material from being published; obscenity, inappropriate speech; libel, false statements being published; slander. The government can limit symbolic speech if the act was to intimidate. iv. instruct Explanations: 1. Search and Seizure: must have potential cause to search personal affects; can only take what they went into search for 2. Privilege Against Self-Incrimination: this fifth amendment right protects a defendant from being forced to depict against him or herself; it protects against compelled testimonial evidence 3.Right to Due Process: if people be lieve their rights are being violated, they have the right to a fair and impartial hearing 4. Right to Counsel: individual right found in the sixth amendment of the constitution that requires criminal defendants to have access to legal representation v. The three bedrock tests the courts use to determine the constitutionality of a law is the dirty dog Test. It states that: 1. the statute must have a blase legislative purpose 2. its principal or base effect must be one that neither advances nor inhibits religion 3. the statute must not hold dear â€Å"an excessive government entanglement with religion. â€Å"\r\n'