Summary Political Science - American Government Final In-class activity

Political Science - American Government Final In-class activity Civil liberties - Freedoms guaranteed to individuals taking the form of restraint on government. civil rights - Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals. strict scrutiny - A standard used by the Supreme Court in deciding whether a law or policy is to be adjudged constitutional. To pass strict scrutiny, the law or policy must be justified by a ''compelling governmental interest,'' must be narrowly tailored, and must be the least restrictive means for achieving that interest. free-expression clauses - The press and speech clauses of the First Amendment. prior restraint - Censorship before publication. clear and present danger test - A means by which the Supreme Court has distinguished between speech as the advocacy of ideas, which is protected by the First Amendment, and speech as incitement, which is not protected. fighting words - Speech that is not protected by the First Amendment because it inflicts injury or tends to incite an immediate disturbance of the peace. public figures - People who assume roles of prominence in society or thrust themselves to the forefront of public controversy. bills of attainder - A law that pronounces an individual guilty of a crime without a trial. ex post facto laws - declare something illegal after it has happened obligation of contracts - The obligation of the parties to a contract to carry out its terms. Miranda warnings - Statements concerning rights that police are required to make to a person before he or she is subjected to in-custody questioning. good faith exception - An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper. The Bill of Rights - 1st Congress approves 12 amendments; states ratify 10 Applies to federal government, not states Civil liberties: freedoms guaranteed to individuals taking the form of restraint on government Negative rights; shall not; make no law Civil rights: powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals Positive rights; shall; right to vote People have rights; governments have power Freedom of Religion - The Establishment Clause: bars government sponsorship or support of religious activity Lemon v. Kurtzman: should gov't help pay salaries of teachers in parochial schools teaching secular topics? Three prong test (the Lemon test) for gov't programs: They must have a secular purpose The primary effect must not be to advance or inhibit religion They must not entangle the government exclusively with religion Engel v. Vitale: state approval of prayer is unconstitutional Freedom of Expression - Congress shall make no law...abridging the freedom of speech, or of the press, or of the people peaceably to assemble, and to petition the Government for a redress of grievances." (1st Amendment). Free-expression clauses: press & speech (unless: there is an intent to promote lawless action; or it would incidentally discourage free expression Protection against Prior restraint: censorship before publication Brandenburg v. Ohio (KKK speech): - freedom of speech, even hateful and calling for violence, is still protected. Protected symbolic expression: - Tinker v. Des Moines Independent County School District protects speech through expression. Cohen v. California - offensive' language would not provoke 'substantial numbers' to take physical action; and "one man's vulgarity is another's lyric." Snyder v. Phelps: - stupidity is still protected libel - (n.) a written statement that unfairly or falsely harms the reputation of the person about whom it is made; (v.) to write or publish such a statement slander - False charges and malicious oral statements about someone Freedom of the Press - Congress shall make no law...abridging the freedom...of the press." Since 1931 SCOTUS says it applies to states as well New York Times v. United States - If the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security. Freedom of Assembly & Petition - Congress shall make no law...abridging...the right of the people to assemble, and to petition the Government for a redress of grievances." Assembly originally meant 'in order' to petition the government, but has taken on the right of free speech and a free press independent of whether petitioning The Right to Bear Arms - 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 District of Columbia v. Heller - personal right to have handguns but: Is the individual right of the 2nd incorporated into the 14th? Justices suggested personal possession may not apply to 'unusual' weapons. No standard established for gun regulation McDonald v. Chicago - addressed the first issue above, but not coherently...5-4 said the individual right must apply to state & local laws, but differed on why.