Constitutional Philosophy
Judicial philosophy involving a strict adherence to the original wording/intent of the US Constitution; tends to be more conservative.
What is judicial restraint?
This constitutional clause bans Congress from establishing a national religion.
What is the establishment clause of the 1st Amendment?
The amendment granting rights to bear arms.
What is the 2nd Amendment?
These are limitations placed on the government to protect personal freedoms.
What are civil liberties?
This supreme court case further defined the limits of 1st Amendment rights and set a precedent by limiting free speech when it creates a ‘clear and present danger.’
Schenck v. USA
Judges use this idea regarding precedent to help them with future court rulings; using past court decisions to make new decisions.
What is stare decisis?
What is Wisconsin v. Yoder?
The 2nd Amendment was split into two parts, with the first part stating that the US needs a well-regulated militia. This is the second part.
What is ‘the right of the people to keep and bear arms shall not be infringed?’
These guarantee equal citizenship for minority groups by providing the same opportunities given to majority groups.
What are civil rights?
Actions such as burning flags or draft cards make up this type of speech, which is protected by the US Constitution.
What is symbolic speech?
Judicial philosophy involving a loose adherence to the US Constitution, allowing for more interpretation and modern decision-making.
What is judicial activism?
The most subjective part of the lemon test.
What is the excessive entanglement part?
In this court case, the limits on gun ownership were further defined. Some of those limits include a ban on non-hunting weapons, age restrictions, and place restrictions.
What is DC v. Heller?
Civil liberties are found in this section of the US Constitution.
What is the Bill Of Rights?
Limiting the press can be done through this constitutional action, though it can only be used to prevent printing things that are obscene, promote violence, or reveal national security secrets.
What is prior restraint?
Originally, the Bill of Rights only applied to this level of government.
What is the federal government?
The second level of this test checks if a law advances or inhibits a certain religion.
What is the lemon test?
In this court case, the 2nd Amendment was incorporated into states.
McDonald v. Chicago
Gay marriage is an example of one of these.
What are civil rights?
In Brandenburg v. Ohio, this type of speech was declared protected under the 1st Amendment as long as it wasn’t likely to break laws or lead to violence.
What is hate speech?
Selective incorporation is the application of the Bill of Rights to limit state laws. It is used on a case-by-case basis and is justified by these amendments.
What are the 14th and 5th Amendments?
In Engel v. Vitale, it was decided that voluntary prayer was not constitutional under the basis of this clause.
What is the establishment clause?
The Supreme Court in DC v. Heller was described as being this.
What is judicially active?
The right to a jury at trial is one of these.
What is a civil liberty?
These public institutions can regulate press, prohibit messages promoting illegal or dangerous activity, and limit speech or actions if deemed ‘distracting.’
What are schools?