Amendments
What are the Due process amendment?
What is the 5th 6th and 14th
Pentagon employee sent NYT a report from Vietnam that exposed secrets about what was happening there. President stopped printing because he argues that it would jeopardize national security. The president does not have prior restraint and can't justify censorship.
What is New York Times Co v. United States (1971)
Establishment Clause
What is 1st amendment- Congress cannot establish a religion for whole nation
Metadata
What is is "data that provides information about other data", but not the content of the data itself
Identify who the Bill of Rights originally protected people from.
what is The Federal government overpowering them
24th Amendment
What is outlawed poll tax?
Student in public school wears an armband in political protest of a war. Student got suspended and sued because this violated their free speech and won. Free speech overrode schools concern for potential disorder.
What is Tinker v. Des Moines (1969)
Free Exercise clause
What is 1st amendment- stops gov from interfering in religious practices in the US-- within legal limits
Affirmative action
what is for the country to reach its full potential. This would result in a completely diverse workforce in economic and social sectors, thus broadening the economic base and stimulating economic growth.
Describe the facts, constitutional clause, and precedent set by Wisconsin v. Yoder (1972).
- Amish thought that they could take kids out of school at 16, if they were unallowed that violates their religion
- Supreme court agreed with them based on free exercise clause
9th Amendment
What is guarantees that rights that are not specifically written in the Constitution may be retained by the people?
Citizens challenged handgun policies that refused to allow citizen to register handguns. Citizens felt that they were left with no protection. The 2nd amendment thru the 14th due process clause applied to the states.
What is McDonald v. Chicago (2010)
Equal Protection Clause
What is 14th Amendment-- prohibits states from denying any person within its jurisdiction the equal protection of the law.
Libel
What is a published false statement that is damaging to a person's reputation; a written defamation.
symbolic speech
- Any actions in the name of freedom of expression
1st Amend
What is freedom of religion, speech, press, assembly, and petition?
NY school attempted to make a school wide prayer that was nondenominational and voluntary. Parents filed a lawsuit arguing that the prayer violated the Establishment Clause because it was in a school that was government funded and mandatory for students to attend.
What is Engel v. Vitale (1962)
Due Process Clause
What is 14th amendment ---guarantees that the government cannot take a person's basic rights to “life, liberty, or property, without due process of law.”
Clear and present danger
What is a risk or threat to safety or other public interests that is serious and imminent. especially : one that justifies limitation of a right (as freedom of speech or press) by the legislative or executive branch of government.
Describe what limits have been put on speech to maintain public order (exceptions to freedom of speech).
- Libel, slander, clear and present danger, obscenity(indecency)
6th Amendment
What is CRIMINAL DUE PROCESS- lawyer, witnesses, and speedy trial for criminal court cases
A criminal defendant was not given counsel in Florida but had been given one in other states. The 14th amendment due process clause requires states to follow the 6th amendment right to counsel. Now states must provide a public defendant is defendant cant pay for one.
What is Gideon v. Wainwright (1963)
Necessary and Proper clause
What is congressional power encompasses all implied and incidental powers that are conducive to the beneficial exercise of an enumerated power.
Selective incorporation
What is the Court has held on a case-by-case basis that many of the provisions of the Bill of Rights limit state government action.
Describe the facts, constitutional provision, and precedent set by Schenck v. United States (1919).
- Man was against the draft, and was inciting people to overthrow the government
-claimed freedom of speech and expression and was arrested
- SCOTUS ruled against him due to clear and present danger