GOVERNMENT TEST #6

1. Rights of Individuals GOVERNMENT TEST #6

2. 1st ten amendments to the Constitution Lists rights and liberties of individuals and states Included to satisfy the demands of the anti-federalists Bill of Rights

3. Declaration of Independence • U.S. Constitution • Civil liberties – protections against the government • safety against arbitrary acts of the government • ex. – speech, press, fair trial • Civil rights – positive acts of government that seek to make constitutional guarantees a reality for all people • Prohibits discrimination based on race, gender, etc. Unalienable Rights

4. Rights are relative, not absolute • Do what you will except when you infringe on another’s rights • Rights – extended to all persons including aliens, but not all rights of citizens • Process of incorporation – Supreme Court incorporates or includes most of the guarantees in the Bill of Rights into the 14th Amendment’s due process clause

5. Virginia Statute of Religious Freedom • Thomas Jefferson • Established “separation of church and state” • Engle v. Vitale • Prayer in public schools is unconstitutional • Aid to Parochial Schools • Lemon Test • Purpose of aid must be clearly secular, not religious • Must not advance or inhibit religion • Avoid excessive entanglement of government with religion Religious Freedom

6. 1st and 14th Amendments • Protects the expression of unpopular views • Restrictions • Libel – false and malicious use of printed words • Slander – false and malicious use of spoken words • Prohibits obscene words and printed materials Speech and Press

7. Sedition – crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts • Seditious speech – advocating, or urging conduct to promote sedition (Not protected by the 1st amendment) • 1798 – Alien and Sedition Acts – crime to criticize the President and could deport undesirables

8. Sedition Act of 1917 • Crime to encourage disloyalty, interfere with the draft, obstruct recruiting, etc – crime to “willfully utter, print, write, or publish any disloyal, profane, etc. about the form of Government in the US • Smith Act of 1940 • Crime to advocate the overthrow of the government or knowingly belong to any group with that aim • 1951 – 11 communist were convicted, appealed to the Supreme Court – violated 1st amendment – Lost • 1957 – court overturns convictions from 1951 but does not say the law is unconstitutional

9. What is obscene? 1872 – prevent mailing of obscene matter 1957 – excludes obscene, lewd, lascivious or filthy pieces of material from the mail Obscenity

10. 1973 Miller v. Cal. – attempts to define obscene – it is deemed obscene if • The average person applying community standards finds that the work, taken as a whole , “appeals to the prurient interest “– that is tends to excite lust. • “the work depicts or describes, in a patently offensive way,” a form of sexual conduct specifically dealt with in an anti-obscenity law • “the work , taken as a whole, lacks serious literary, artistic, political, or scientific value”

11. 1st and 14th Amendments allow cities the right to regulate the location of adult entertainment • Crime to make or possess child pornography • Prior Restraint – words spoken or written before a law was passed • Only exception is during wartime or when it incites violence or is obscene • Public Schools can censor news papers, plays and other school sponsored expressed activities

12. Confidentiality – reporters can be forced to reveal their sources though some states have passed Shield laws – some limited protection in disclosing sources or other confidential information • Motion Pictures • 1952 – expressions by movies is protected by the 1st Amendment • Radio and TV • FCC (1932) – can censor indecent language and stop the renewal of a license • Cable has more freedom media

13. Symbolic Speech • Picketting – if peaceful, it is protected • Can be restricted if it is used to convince someone to do something illegal • Flag Burning • Is protected as symbolic speech

14. Assembly – gather as a group to express views on public matters • Petition – written letters or advertisements to bring views to the attention of public officials • Abortion – restrictions on protest • Can not trespass on private property – acceptable in parking lots with some restrictions Freedom of assembly and petition

15. Due Process (5th Amendment) – act fairly and in accordance with established rules • 14th Amendment – Bill of Rights apply against the nation Government only • Police Power (reserved power of the states)– power to act to protect and promote public health, safety, morals and general welfare • Often conflicts with Civil Rights • DUI Tests Civil liberties: protecting individual rights

16. Search Warrant – a court order authorizing a search • Safety, health, morals and general welfare override certain laws • HEALTH – limit sale of alcohol, tobacco and mandatory vaccination of school children • SAFETY – forbid concealed weapons, wear seatbelts, punish drunk drivers • MORALS – outlaw gambling, prostitution and sale of obscene materials • GENERAL WELFARE – compulsory education, aid to medically needy, limit public utility profits

17. Roe v. Wade –woman’s right to privacy • 1st trimester – state cannot interfere with a woman’s right or medical judgment • 2nd trimester – state can make reasonable regulations on how, when and where abortions are performed but may not prohibit the procedure. • 3rd trimester – state may prohibit abortions to protect unborn child except those necessary to preserve the llife or health of the mother.

18. 13th Amendment – prohibits slavery, but not involuntary servitude (forced labor) • 1968 – case to prevent discrimination based on the 1866 Civil Rights Act • Can not refuse to sell someone a house because of their color • Later – private schools could not refuse admission because of color. Freedom and security

19. Right of the state to keep a militia – preserve the idea of the citizen soldier States can limit weapons because does not say there is a right to own any weapon – no guarantee to the right to won a weapon Right to bear arms

20. 3rd Amendment – quartering of troops • 4th Amendment – to prevent writs of assistance – must have probable cause – reasonable suspicion of a crime • Police do not always need a search warrant • Not needed if in “plain view” • Not needed I f it is a lawful arrest • Autos – 1991 CA v Acevedo – lawful stop – no need for warrant if they have reason to believe there is evidence concerning acrime Security of home and person

21. Exclusionary Rule – evidence gained as a result of an illegal act by police cannot be used at the trial of the person from whom it was seized Drug Testing – may be done without a warrant or even any indication of drug use Wiretapping – must have a warrant

22. “presumed innocent until proven guilty by fair and lawful means • Writ of habeas corpus – prevent unjust arrests and imprisonments • It is a court order to an officer holding a prisoner commanding him to take the prisoner before a court explaining why he should not be released. • Congress can suspend the writ during war • Bills of attainder – legislative act inflicting punishment without a court trial • These can not be passed by the government Rights of the accused

23. Ex post facto laws – a law passed after the fact • A criminal law defining a crime and providing for its punishment • Applies to an act before its passage • Works to the disadvantage of the accused • These can not be passed by the government • Grand jury – return an indictment concerning an accused person • Indictment – formal complaint • Only prosecution is present • These are not often used anymore – instead a prosecutor swears by affidavit to evidence

24. Double Jeopardy – once tried for a crime, can not be tried again for the same crime • Speedy and Fail trial – no more than 100 days for Federal Court with some exceptions • Public trial • Can’t be too public and too speedy • Cameras are banned from Federal trials but allowed in most states

25. Trial by Jury (6th Amendment) • Pool of jurors drawn from sate and district where the crime was committed • “change of venue” – grounds that a jury in that area would not be impartial – determined by a judge • Can wave the right to a jury trial and be heard by a judge only

26. Self- Incrimination (5th Amendment) • Not just in criminal cases • Adequate Defense (6th Amendment) • Right to be informed of the nature and cause of the accusation • Confronted by witnesses against him in open court • Have favorable witnesses subpoenaed (forced to attend) • To have assistance of counsel for his defense

27. Gideon v. Wainwright Escobedo v. Illinois Miranda v. Arizona

28. Bail – sum of money the accused posts to guarantee he will report to trial Cruel and Unusual Punishment Capital Punishment –death Treason – an attempt to overthrow the government punishments

29. All people should have equal protection under the law – 14th Amendment • Major groups facing discrimination • Immigrants • African Americans • Native Americans • Hispanics • Asian Americans • women Civil rights

30. African Americans • De facto segregation • De jure segregation –”Jim Crow” Laws • Plessey v. Ferguson (1896) • Separate but equal • Brown v. the Board of Education • Segregation in Public Schools was unconstitutional

31. Civil Rights Act of 1964 • No denial of services in public accommodations because of color, race, etc. • No discrimination in any Federally funded program • No discrimination by employers and unions • Civil Rights Act of 1968 • No discrimination in selling or renting houses or apartments

32. Affirmative action – giving preference to minorities and women for past discriminatory practices Regents of the University of California v. Bakke