bill of rights
1st Amendment
Guarantees the freedom of religion, speech, press, assembly and the right to petition government.
What are the two major political parties?
Democrats and Republicans
Person receiving exemption from law based on religious reasons
The Supreme Court has indicated the judiciary can only determine whether beliefs are sincerely held views, not whether they are true or false. [United States v Ballard]
Established judicial review; midnight judges; John Marshall; power of the Supreme Court.
Marbury v. Madison (1803)
Freedom of Speech
is a type of liberty right. We have the right to express our opinions without interference from the goverment or other people. Promotion of truth and expresison.
2nd Amendment
Guarantees the right to bear arms.
What are Democratic characteristics? (2)
-More liberal
-Favors greater role for the federal government in providing social programs.
Freedom of exercise clause
The gov't may not compel or punish religious beliefs and people are free to think and believe anything they want.
b. The freedom to believe is absolute, but the freedom to act is not.
McCulloch v. Maryland (1819)
Established national supremacy; established implied powers; use of elastic clause; state unable to tax federal institution; John Marshall; "the power to tax involves the power to destroy".
Hate Speech
is defined as "epithets conventionally understood to be insulting references to characteristics such as race, gender, nationality, ethniticy, religion, and sexualality."
3rd amendment
Prohibits the quartering of soldiers in homes in peacetime.
What are Republican characteristics? (2)
-More conservative
-Support reducing the power of the federal government to create social programs.
Laws that are not neutral and are directed at religious practices have to meet strict scrutiny
1. Church of the Lukumi Babalu Aye, Inc v Hialeah
a. a law against animal sacrifice was overruled as uncon
b. the law was not neutral because its clear object was to prohibit a religious practice
c. Fails the Smith test, therefore must meet strict scrutiny standard
Gibbons v. Ogden (1824)
Established a broad interpretation of the Commerce Clause; determined Congress's power encompassed virtually every form of commercial activity. The Commerce Clause has been the constitutional basis for much of Congress's regulation of the economy.
What did John Stuart Mill say about freedom of speech?
In his essay on liberty he argues that freedom of speech is at the heart of democracy. Expression of ideas cannot be prohibited simply bc people find them offensive.
4th amendment
Prohibits unreasonable searches and seizures.
What are the disadvantages of multiparty systems? (2)
-Cause parties to form coalitions, which can dissolve easily.
-Failure of coalitions can cause instability in government.
Before Smith, rule for all Freedom of Exercise claims were based on Sherbert
Sherbert v Verner - The Court held that strict scrutiny was the appropriate test in evaluating gov't laws burdening religious freedom
Plessy v. Ferguson (1896)
Established separate by equal. Gave Supreme Court approval to Jim Crow laws.
In his essay on liberty he argues that freedom of speech is at the heart of democracy. Expression of ideas cannot be prohibited simply bc people find them offensive.
Ideas are like a product on the market. Just as the free market tends to deliver the best consumer goods, if everyone comes to the marketplace of ideas to express their opinions, the best ones will eventually win out the others.
5th amendment
Requires grand jury indictment for a serious crime, bans double jeopardy, no loss of life, liberty or property without due process of law.
How are liberals and conservatives different?
-Liberals are more concerned with equality, cooperation, and social progress. They are concerned with civil rights issues and stronger government regulation in business.
-Conservatives want the government to spend less money and have less of a say in business and society. They also believe the government should protect traditional social values.
The Establishment Clause
i. Strict Separation - to the greatest extent possible, gov't and religion should be separated
ii. Neutrality - gov't must be neutral to religion, the gov't cannot favor religion over secularism
iii. Accommodation - the court should interpret the establishment clause to recognize the importance of religion in society an accommodate its presence in gov't; only concerned with actual coercion
Schenck v. U.S. (1919)
Oliver Wendell Holmes; clear and present danger test; shouting 'fire' in a crowded theatre; limits on speech, esp. in wartime.
Patriot Act
Gives the government official increased powers to eavesdrop on phone calls and search pp records