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29 Cards in this Set
- Front
- Back
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Civil Liberties
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Liberties from tyranny of the government over the people
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1st Amendment
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-Congress cannot establish a religion
-Freedom to exercise religion -Freedom of speech -Truth -Political speech (plus) -Using symbolic speech, dissenting against school/government via posters, pins, political donations, etc. -Conditionally protected -Speech that has nothing to do with politics, truth -Includes commercial speech -Not protected: Pornography, libel, slander, /fighting words/ (words that are spoken that result in harm to someone; i.e. a speaker giving a speech uses hateful speech and tells people to attack someone, and someone actually does what she says, the speaker is equally responsible as the attacker), commercial speech -Founding Fathers intended it as freedom of political speech, to protect right to disagree and protest government -Freedom to assemble -Freedom to petition government |
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2nd Amendment
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Freedom to bear arms (in the military or personally?)
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3rd Amendment
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Cannot take property in order to house the military
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4th Amendment
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-Cannot search or seize you possessions without a warrant or reasonable cause
-Warrantless searches are authorized when the police are in pursuit of a running suspect, if the suspect is likely to destroy evidence, searching the vicinity when a suspect is abducted |
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5th Amendment
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-Right to a grand jury
-Cannot be forced to incriminate oneself during testimony -Property cannot be taken by the government without just compensation (eminent domain) (compensation often not enough; dilapidated houses taken from owners, owners given money based on how much house was worth at the time, can't buy a new house) |
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6th Amendment
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-Right to a speedy trial
-Right to know what you are being accused of |
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7th Amendment
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Right to a trial by jury
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8th Amendment
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-Neither bail nor punishment can be excessive (not cruel or unusual punishment)
-Furman vs. Georgia |
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9th Amendment
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Just because some rights are expressly given to the people in the Constitution does not mean that these are the only rights that people have
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10th Amendment
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Authority is not expressly given to the national government belongs to the state governments and the people
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The Right to Privacy
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-The word "privacy" is not actually in the Constitution
-/The Supreme Court has found this to be implied in the 3rd, 4th, 5th, and 9th Amendments/ |
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Civil Rights
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Right to expect action from the government
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Amendment XIV
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-Equal Protection Clause: All persons born or naturalized in the United States, and subject tot he jurisdiction thereof, are citizens of the United States and of the State Wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities or citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
-Goal: to ensure equal opportunity (not government handouts) and protection from discrimination -This clause has served as the basis for the civil rights movements for women, African Americans, disabled persons, etc. |
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Plessy vs. Ferguson (1896) Versus Brown vs. Board of Education (1954)
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-Separate is equal versus separate is inherently in-equal
-Is race an acceptable criterion for exclusion? Based on the strict scrutiny test, the answer is 'yes' only when there is a compelling government interest -Strict Scrutiny: a test used by courts in racial discrimination cases and other cases involving civil liberties and rights. This test places the burden of proof on the government or business rather than the challenger to show that the law or policy is constitutional. There must be compelling government interest to use race as a criteria for selection -Characteristics protected from discrimination in the CA State Constitution -Race, religious beliefs, gender, sexual orientation, disability, etcetera |
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Affirmative Action
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Definition: Government policies or programs that seek to redress past injustices against specified groups by making special efforts to proved access to educational and employment opportunities
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Creation of the Constitution
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-Enshrines the principles of liberal democracy
-Strengthen by protections from tyranny through checks and balances -Through compromise: The Grand Compromise and the 3/5th Compromise |
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Articles of the Constitution
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-Article 1: Creates the Legislative Branch
-Article 2: Creates the Executive Branch -Article 3: Creates the Judicial Branch -Article 4: Covers National Unity and Power -Article 5: Covers the process for amending the Constitution -Article 6: Covers National Supremacy -Article 7: Covers the process for ratification of the Constitution |
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Principles of the Constitution
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Checks and Balances, Separation of Powers, Federalism
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Checks and Balances
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Mechanisms through which each branch of government is able to influence and participate in the activities of the other branches
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Separation of Powers
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The division of governmental power into three branches, each with a distinct objective
-Writing the laws, Legislative -Implementing the laws, Executive -Adjudicating the laws, Judicial |
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Federalism
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-Power-sharing arrangement between the national and state governments in which some powers are granted to the national government alone, some powers are reserved to the states, some powers are held concurrently, and other powers are prohibited to either or both levels of government
-A system of government in which power is divided between a national government and regional governments -Intent to limit national government |
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Executive Branch's Powers
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Implementation of law
Commander and Chief Foreign relations and treaties Nominates federal judges Pass or veto bills from the Legislature |
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Legislative Branch
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Write law
Fund federal programs Approves treaties Regulates interstate commerce |
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Judicial Branch
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Reviews lower court decisions
Reviews laws for constitutionality Reviews implementation of policy for constitutionality |
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National Government Power
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-Expressed powers outlined in the Constitution
-Implied powers under the necessary and proper clause -Increased powers under the authority to regulate interstate commerce: declare war, coin money, regulate interstate commerce, maintain an army |
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State Government Power
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Under the 10th Amendment all authority that is not expressly given to the national government are those of the state, i.e.: regulate intrastate commerce, protect health and safety, charter local governments, regulate voting, establish schools, contractual law
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Local Government Power
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Not created in the US Constitution, but state constitutions will delegate duties to local government
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National Power versus State Power
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Which is more important? How would we go about increasing federal power? Making more laws consistent across all states? How would we go about increasing state power? Every state has different problems and priorities, can't be told to spend their money all the same way...
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