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63 Cards in this Set

  • Front
  • Back
These provisions have been applied to the states through the due process clause of the 14th amendment.
-No establishment of religion
-Free exercise of religion
-Free speech
-Right to assemble peaceably
-Right to petition for redress of grievances
Examples of non-establishment
-No religious oath can be required of witnesses or of public officials
-Limited financial aid for religious schools, Florida Constitution forbids tax money to religious schools
-Religious displays that endorse a religion
-No required prayers or bible reading in public schools
Examples of free exercise
-All persons are free to pray or practice their beliefs as long as it does not interfere with rights or safety of others. Schools and employers must make reasonable accomodations for religious practice.
-People cannot be required to salute the flag or join military if such activity violates their religious beliefs. This cannot be used to avoid taxes.
-Access to religious literature must be provided for persons in the military or in prisons.
-Laws that forbid certain practices such as child marriage or use of narcotics have not been interpreted to require exceptions for persons claiming religious exemption
The supreme court has interpreted the first amendment freedom of speech clause to give the greatest protection to ____
Political speech
Criticism of government may be false, vulgar or offensive, but ____
it cannot be the basis for criminal prosecution
Advocacy of violence can be punished only ____
if there is "incitement to imminent lawless action" that is likely to produce results.
This case found that Advocacy of violence can be punished only if there is "incitement to imminent lawless action" that is likely to produce results.
Brandenburg vs Ohio
Examples that symbolic political speech is protected
-Flag burning
-wearing black armband to protest war
-KKK burning cross on property it owns
Speech plus activity such as leafleting, picketing, demonstrations, may be subject to _______
reasonable time, place and manner regulations
Equal protection clause of 14th amendment applies to public speeches in that _______
all speakers and groups must be treated the same way, discrimination based on content of speech is not allowed
These four types of speech are given less protection under the free speech clause
Libel and slander
Obscenity and pornography
Fighting words
Commercials and advertising
33 states have this to protect reporters from being subpoenaed to testify about their sources, there is no federal one
shield laws
Shield laws
protect reporters from being subpoenaed to testify about their sources.
Interest groups
likely to focus on a single issue or the economic interests of a specific group
Political parties
coalitions of people and groups with some common interests and priorities
Positive fucntions of political parties are
-to channel opposition into peaceful participation rather than violent revolt
-The american political system has been successful in providing for peaceful transitions after elections between people who hate each other
What is the change in role of party conventions?
They used to be meetings where candidates wre actually selected. Now winners of early primaries arrive at the convention with nomination secured
What is the impact of parties on congress?
Voting for leadership by majority party and control of all committees
What is a coalition
temporary alliance
What is a re-alignment
shift in voters' preferences that changes which party controls congress and the presidency
What era were Federalists vs Jeffersonian Democratic-Republicans
What era were Democrats vs Whigs
What era were Republicans vs Democrats
1854 to present
These are the ways the election system can be reformed:
1)Abolish electoral college
2)Prevent or at least reduce gerrymandering
3)Change the primary system so that voters throughout the nation have equal influence
4)Ensure that all eligible persons can vote and that all votes are counted fairly and accurately
5)Authorize instant runoff voting in state and local primaries where voters rank their choices so that if no candidate gets a majority, the candidate with fewest votes is eliminated and the second-choice votes are couted to produce a majority
6)Encourage shorter, less expensive campaigns
Runoff elections
in some states if no candidate wins an absolute majority in the primary election a runoff election is held before the general primary
Florida just eliminated this type of election
runoff elections
voting on particular issues are not considered to be elections since no one is elected into office
Presidential election occurs
First tuesday in November every 4yrs
In the 1820's states began expanding voting rights by eliminating the requirement that voters must ___
own real estate or pay over a certain amount of taxes
How many constitutional amendments have expanded the right to vote
The Voting Rights of 1965 authorized
federal officials to register voters and to supervise voting in areas that had discriminated against blacks
The remaining civil rights issue in voting rights is
the permanent disqualification from voting of persons with a felony conviction
What government agencies regulate elections
Federal Elections Commission (FEC)
Federal Election Assistance Commission (FEAC)
Florida Division of Elections (within Department of State)
What does the Federal Elections Commission do
enforces federal campaign laws
What does the Federal Election Assistance Commission do
administers 2002 Help America Vote voting systems and buying new equipment
What does the Florida Division of Elections do
certifies election results and is now implementing statewide computer database of voters to be used by counties
Each of Florida's 67 counties has an elected supervisor of elections who is responsible for _____
conducting elections
Article I of the Constitution states
Right to writ of habeas corpus not to be suspended unless safety requires it in cases of rebellion or invasion
4th Amendment states
right against unreasonable searches and seizures
warrants must be based on probable cause, supported by oath, describing in particular place to be searched and person or thing to be seized
5th Amendment states
-indictment by grand jury unless serving in military in time or war or public danger
-no double jeopardy
-no compelled testimony against self
-due process required
(civil law provision relevant to eminent domain)
6th amendment states
-right to speedy and public trial
-impartial jury
-jury from district where crime committed
-right to be informed of charge
-right to be confronted with witnesses (right to cross examine)
-right to have compulsory process to obtain witnesses (subpoena)
-right to assistance of counsel
8th amendment
no excessive bail or fines
no cruel or unusual punishment
The Supreme Court has held that these rights are implied by the due process clause and other constitutional provisions
-Presumption of innocence
-Right to interpreter-
-No retroactive application of criminal laws
-Clear statement of what acts are criminal--law can be void if vague or overbroad
The Exclusionary rule states that
evidence or cofession improperly obtained will not be allowed at trial
2nd Amendment states
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed
Article I section 10 prohibits states from
impairing the obligations of contracts
The takings clause of the 5th Amendment requires that
eminent domain be used for a public purpose and with just compensation
Courts have given greater protection to _____ than to _____
settled property interests than to speculative ones
Courts upheld moratoriums on mortgage foreclosures during Depression but
did not invalidate mortgages
Landmark preservation and historic preservation district laws have been ____
upheld if they did not impose severe loss on a few owners and had broader benefits
The Supreme Court decided in Kelo vs City of New London that
use of eminent domain to further economic development was allowed
Richard Epstein viewed eminent domain with
a broad view, would eliminate most New Deal legislation, workers and consumer safety, environmental laws
Constitutional right to abortion grounded in general sense of liberty in
14th amendment
Undue burden test
applicable to woman seeking abortion of nonviable fetus
Bill of Rights consists of
first 10 amendments of constitution
1st Amendment
-free exercise of religion and no establishment of religion
-freedom of speech, press, right to assemble peacefully and petition for redress of grievances
2nd Amendment
right to militia and to bear arms
4th Amendment
-right to be free from unreasonable searches and seizures
-warrants must be based on probable cause and describe in detail person, place, or thing
5th Amendment
-rights of accused in criminal proceeding: no double jeopardy, cannot be required to testify
-general rights applicable to civil or criminal cases: no deprivation of life, liberty, or property without due process of law, private property cannot be taken except for public use and with just compensation (takings clause)
6th Amendment
right to speedy trial, impartial jury, cross-examine witnesses, assistance of counsel
8th Amendment
No cruel and unusual punishment
no excessive fines or bail
9th Amendment
Reservation of rights to people (people retain common law rights not spelled out in bill of rights or constitution)
10th Amendment
Reservation of powers to states and people