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| are protections from improper government action |
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| all citizens born with natural rights & security, order, and goods require the giving up of some of the rights. |
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1st amendment rights, limits on what the government shall and shall not do, Freedom of Speech, Freedom of the Press, Freedom of Religion
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4th, 5th, 6th, and 8th amendments. What government must do.
Miranda Rights, Speedy Trial
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| Was the Bill of Rights original to the Constitution? |
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| Anti-Federalists for. Federalists against. |
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| Which groups advocated for the inclusion of the Bill of Rights? Which group was against it? |
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| When the Bill of Rights was originally ratified to which level of government did it apply? |
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Supreme Court established states could do whatever they want 1793 in the case ________v.________
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14th spoke to amendment 4,5, 6, and 8 (dueprocess) but did not cover speech, religion, press, bearing arms, etc. It was not until 2008 that right to bear arms was extended to the states.
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| How did the 14th amendment affect the application of the Bill of Rights? |
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Selectively, 1925 Freedom of Speech
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| How does the Supreme Court __________ incorporate liberties contained in the Bill of Rights? |
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| That a wall of separation exists between church and state |
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| What is the Establishment Clause? |
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| 9 of 13 states had an official state religion which was being used to inflict religious law on citizens. Laws based on religious codes and traditions. |
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| What did the framers envision when they wrote this clause? |
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| What test is used by the Court to determine if government aid to religious schools is acceptable |
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| a Secular Purpose, neither Advance nor Inhibit Religion, not entangle affairs of government and religious institutions |
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| The 3 prongs of the Lemon Test are... |
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| Court ruled that tax-supported vouchers could be use at religious institutions |
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Protects a citizen’s right to believe and practice whatever religion he or she chooses, or to be a nonbeliever. The right to believe is absolute, however the ability to act on those beliefs is not
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| West Virginia State Board of Education v. Barnette |
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| ________v._________Established the free exercise of religion even when it may be offensive to the beliefs of the majority – protected the rights of the minorities |
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The consensus of this case was laws that indirectly restrict religious exercise are acceptable. Law must be neutral and generally applicable
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| Neutral and Generally Applicable |
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| What standard does the Court apply to determine if laws infringing on the exercise of religion are allowed? |
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Brandenburg v. Ohio, The Incitement Test
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| A state cannot forbid or proscribe advocacy of the use of force or of law violation except where the advocacy is directed to inciting or producing immanent lawless action and is likely to produce such actions |
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| In Schenck v. United States, Restrictions are permissible when the speech would cause a condition, actual or imminent, that Congress has the power to prevent |
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| government can rarely if ever limit _______ Speech – political, religion, right to assembly and petition |
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| spoken, written , political and public matters |
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| speech followed by an action (picketing, leaflets) |
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| non verbal communication, Burning a flag, cross, doing things symbolically as a gesture of protest |
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| citizens can rarely if ever exercise – obscenity, liable-written/slander-oral/fighting words |
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| The only restrictions Supreme upholds for speech are? |
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| The doctrine under which freedom of the press is protected. |
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| refers to those protections found in the 4th, 5th, 6th, and 8th amendment |
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| warrants with probable cause. Protects against illegal search, seizure |
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| protection against self-incrimination |
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| the right to an attorney, speedy trail, or right to appeal |
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| Cruel and unusual punishment, excessive fines and bails |
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| Mapp v. Ohio, The Exclusionary Rule |
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| In Mapp v. Ohio the court ruled for the ____________ - prohibits evidence obtained during an illegal search from being introduced at trial |
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In ______v.______ the court ruled 6th amendment right to counsel in all felony cases
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| extended right to privacy in this private decision in 1973 when court established a woman’s right to seek an abortion and prohibited states from making abortion a criminal act. |
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| article 3 of the Constitution |
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| The supreme courts original jurisdiction is found in |
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| power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. |
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| In ______v._______the Supreme court established for themselves the power to judicial review. |
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| latin meaning let the decision stand. a legal principle by which judges are obliged to respect the precedents established by prior decisions |
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· Prior cases whose principles and decisions judges use as the basis for their decisions in present cases
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the right or power to interpret or apply law. The sphere of a court’s power and authority (state vs federal) tells us what type of cases a court can hear. Trial (U.S. District Court) Trial (State) Magistrate, Probate, Traffic, Juvenile
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| Courts of original jurisdiction |
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(federal district court and state trial courts), Responsible for discovering the facts in a controversy, Ensuring for due process of law, Creating a factual records on which judgment is based
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| Federal levels of jurisdiction |
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Federal District Court, U.S. Court of Appeals, request for review(writ of certiorari) and Supreme Court
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| Case or controvery, standing, mootness |
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| What 3 conditions must plaintiffs meet in order to have a Writ of Certiorari granted |
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| has been deemed to impose a requirement that US Federal Courts are not permitted to hear cases that do not pose an actual _________ — that is, an actual dispute between adverse parties which is capable of being resolved by the court. The Court and legal scholars commonly refer to the issue of whether a "_____ or __________" exists as the concept of standing |
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| an individual or organization must have a substantial state in the outcome of a case to have __________ to sue. Unless you are directly impacted you cannot sue. A father could not sue for an underage child that was being affected. |
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| cases must be ripe, not beyond resolution. A person is already dead so can’t hear the case of the dead person |
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| takes 4 justices to decide if a case will receive the (Writ of Cert) |
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| a document prepared by attorneys on both sides laying out the arguments and stating the precedents to get the court to rule in their favor |
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| Briefs filed by interest groups on behalf of parties in Supreme Court cases are |
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| attorneys get 30 minutes to appear before the court to present their arguments |
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once Supreme Court rules the decision is documented in the _____, and interpretation of the ruling. ______ becomes precedent.
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| When the people who lost write a _______. It signals the courts are in disagreement. Supplies a rationale for future cases, like Roe vs Wade 5/4 decisions |
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| where justices believe the court should go beyond the words of the constitution or a statute to consider broader social implications of its decisions. |
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| The Role of Justices as interpreters of the U.S. Constitution |
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· The belief that justices should interpret the constitution according to the stated intentions of its framers. Sometimes called strict constructionists. Only address legal issues not political issues.
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