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rights to be free of government interferencce - accorded to an individual by the constitution
eg; free speech |
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Rights of citizens to vote, to receive equal treatment before the law an share equally with other citizens the benefits of public facilities
eg; schools |
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First 10 Amendments to the Constitution, containing a list of individual rights & liberties
eg. free speech, religion and press |
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Habeas Corpus
body in court |
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Definition
| must be present in court for you trial |
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| A Law that delcares a person, guilty of a crime without a trial |
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| A Law that criminlize somthing but when you did it, it was legal - can't get in trouble |
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RAPPS
freedom of religion
freedom of assembly
Freedom of Press
Petition
Speech |
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The right to a speedy and public trial
Impartial Jury of state where crime took place
Be informded of the nature of the crime
Right to confront witness against
Right to obtain witness in favor
Right for counsel |
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| Right to Citizenship including the right to vote |
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| An act that conveys a political message. Protected by Consititution as long as law is broken. |
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| Right to practise any form of religion within the constraints of the law. |
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evidence gathered in violation of the constitution cannot be used in a trial - right to freedom from unreasonable searches |
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| An order from the Judge authorizing the search of a place. Order must describe what is to be searched and seized and the judge can only issue it if they feel there will be evidence found |
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| warning that is required to be given by police to criminal suspects in custody, before interrogated in inform them of their constitutional rights |
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Civil Rights Act - 1964
Outlawed major forms of discrimination against blacks and women & ended racial segregation |
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| The Requirement by law that an organization with past segregation must take positive steps to increase the number of women, black or other minorities in its membership |
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| Using race or sex to give preferential treatment to some people |
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| Privacy is not mentioned in the constitution but the court argued that it could be inferred from 'penumbras/shadows' cast off various provisions |
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| A supreme court interpretation of the establishment clause in the 1st amendment separation between religion and state |
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| Why are Americans os preoccupied with rights? |
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Definition
Protection offerd by constitution.
Revolutionary war was fought to gain rights |
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| What is the role of the Supreme court in protecting the peoples rights and liberties |
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| They interpret people right and liberties as they are always in conflict. |
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| Which Freedoms are in the constitution? |
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Definition
Freedom of expression
Citizenship right
Criminal & Civil law rights |
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| Which freedoms do Americans believe should be in the constitution? |
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Definition
Right to clean water and air
Right to a Job
Right to have high living standards |
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| Which actions are not protected by the freedom of speech in the constitution? |
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Libel - Injurious written statements about another
Symbolic Speech - an act of conveying a political message |
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| The Constitution provides protection for the _______ from _________ |
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| What is the Supreme Courts ruling on Government regulation of Obscenity? |
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Obscenity chacges over time.
Needs to be more specific
must be obscene to average person |
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| Where do Americans have reasonable expectation of privacy |
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What is the Government allowed to do under the Patriot Act?
(7 parts) |
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Definition
Tap telephones
Tap Internet
Seize Voice Mail
Grade Jury infomation can be shared
Stricter immigration rules
Track money
eliminate statute of limitation on terrorist crimes |
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| When did congress deal with the issue of voting as a civil rights matter |
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Definition
| 1957 - it became illegal to stop people from voting federally |
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| What methods were used to prevent blacks from voting? |
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Definition
Literacy Tests
'Grandfather' Clause
Voting Taxes |
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| Why does the supreme court view race and sex differently. |
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Definition
Sex is not a suspect classification.
Laws limiting women are not aimed to segregate them but protect them. |
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| What ways does the supreme court let governemt treat genders differetly? |
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Law that punishes males but not females for statutory rape is permissible; men & women an re 'similary situated' with respect to sex.
All-boys & all-girls public schools are permitted if enrollment is vuluntary & quality is equal |
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| IN what ways can Governemt NOT treat sexs differently? |
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Definition
Same age to become legal adult
Same drinking age
Women can't be barred from jobs with arbitrary height and weith requirments
Employers can not force women to take madatory leave
Girls cannot be barred from litle league
women allowed in Rotary and Junior Chamber of Commerce
same monthly retirment benefits
high schools must pay coaches of both male and female sports the same. |
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| What can't goverment draft women |
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Definition
| Drafting women would be in violation of their due-process clause of the 5th Admendment |
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1973
Court decided that the 'zone of privacy' was broad enough to include a women's decision whether or not to terminate pregnancy in the first 6months |
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| Brown v. Board of Education |
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Definition
1954
Court decided that separate schools were inherently unequal.
de-segregation of schools |
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| Bill of Rights applied to the states |
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