Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
30 Cards in this Set
- Front
- Back
|
What are the three areas of government. |
Legislative Executive Judicial |
|
|
Legislative Branch |
Forming laws Presidential appointments Controls money |
|
|
Executive Branch |
Enforcing laws Foreign policy Proposes laws |
|
|
Judicial Branch |
Judging and interpreting the constitutionality of laws. |
|
|
First amendment |
Freedom of religion freedom of press freedom of speech right to assemble |
|
|
Freedom of religion |
Citizens are guaranteed the ability to worship as they choose however, this right does not allow someone to engage in illegal conduct in the name of religion |
|
|
Freedom of speech |
Allows citizens the right to speak on any subject Can't regulate content can regulate conduct Exceptions - obscenity defamation fighting words and National Security Also can restrict speech to reasonable time place and manner |
|
|
Freedom of press |
Protection that is designed to allow the free flow of information through news media Exceptions - National Security libel ( written defamation) obscenity |
|
|
Right to assembly |
Protects the right to gather for religious, political or other purpose Exception - may limit based on safety |
|
|
Second Amendment |
The right of people to keep and bear arms |
|
|
Fourth Amendment |
Protects from unreasonable searches and seizures |
|
|
Fifth Amendment |
Right to remain silent Indictment by grand jury Double jeopardy |
|
|
Right to remain silent |
The fifth amendment protects Witnesses from being forced to incriminate themselves |
|
|
Indictment by grand jury |
A grand jury is to determine if there is probable cause the defendant committed a crime Applies to federal law violations not state laws |
|
|
Double jeopardy |
Protects a person from being tried twice for the same offense |
|
|
What are the two kinds of due process |
Procedural Substantive |
|
|
Procedural due process |
Notice Opportunity to be heard A fair decider |
|
|
Substantive due process |
Rational basis test - against fundamental rights |
|
|
Sixth Amendment |
Right to a speedy trial right to confront Witnesses Right to an attorney |
|
|
Right to a speedy trial |
Defendant has the right to be brought to answer criminal charges without a necessarily delay - time to take to a trial depends on the crime and how many witnesses |
|
|
Right to confront Witnesses |
Defendant has the right to be present at all hearings and to cross-examine all Witnesses |
|
|
Right to an attorney |
Criminal defendant have the right to be represented buy an attorney at all proceedings An attorney can be appointed to are defendant if they can't afford one and there is jail time |
|
|
Eighth Amendment |
Right to reasonable bail Right to be free of cruel and unusual punishment |
|
|
Right to reasonable bail |
Bail amount very on Flight Risk and crime This is not an absolute right to be released prior to trial |
|
|
9th Amendment |
Fundamental rights |
|
|
14th Amendment |
The three Clauses - privilege, due process, equal protection Prior to the 14th Amendment the other amendments only apply to dealings with the federal government but the 14th amendment applies only to the states |
|
|
14th Amendment privilege clause |
Citizen of foreign state are not treated differently than a resident citizen Exception - substantial justification |
|
|
14th Amendment due process clause |
This is different than the due process clause in the Fifth Amendment as the fifth amendment's due process clause only applies to federal government and the 14th due process clause applies only to the states |
|
|
14th Amendment equal protection clause |
Guarantees by our laws will apply to everyone equally |
|
|
Strict scrutiny |
Really good reason or compelling government interest Example - to make everyone get a vaccine That Could Have and I'll pray that would harm the country |
