LIBERTIES VS. RIGHTS
Right to free health care
Right to marry whoever and whatever
What is the 1st amendment?
Freedom of Speech, Religion, and Assembly/Petition
What is 2nd AMENDMENT?
How can STATES place limits on this?
Right to bear arms
-ban certain types of weapons
What is a MIRANDA warning?
What is 10 plus 30?
40
ARE THESE LIBERTIES OR RIGHTS?
Right to trial by jury
Right to legal counsel
Right to due process
What is FREE EXERCISE CLAUSE?
Give example on how his could be violated by government.
People have freedom to worship AND exercise their religion in practice without interference by the government.
8th AMENDMENT protects against UNUSUAL AND CRUEL PUNISHMENTS.
*What is the current federal law regarding CAPITAL PUNISHMENT
*Federal law forbids capital punishes in all states EXCEPT extreme cases
What is the capital of state of Illinois?
Springfield
What are VOTING REQUIREMENTS for today?
-18
-citizen
-registered
Are these LIBERTIES or RIGHTS?
freedom of religion
freedom of speech
List THREE ways the government can actually limit freedom of speech.
Sedition
Defamation
Subversion - against govt
Inciting to violence
The 5th AMENDMENT gives someone the right to have case heard by a grand jury. Under this people are protected against SELF-INCRIMINATION and DOUBLE JEOPARDY. What are those?
-Don't have to testify against yourself
-Can't be tried twice for the same crime
What is WRIT OF HABEAS CORPUS?
if not charged with a crime, must be released
Describe what limit on voting rights was removed for each of these dates:
19th century -->
1870 -->1920 -->
1971 -->
•Early 19th cty à property requirements abolished
•15th amend -1870 à adult black men could vote ‘in theory’
•1920 à adult women could vote (19th AMEND)
•1971 à voting age lowered to 18 (26th AMEND)
Why do people have RIGHTS, but why are there also limits to rights?
All have some rights b/c created in image of God BUT there are limits to what people are 'owed'
What is the ESTABLISHMENT CLAUSE? Explain the truth about whether their is a 'wall of separation between church and state'. When did this separation start being asserted?
Federal government may not establish any religion.
No separation between religion and gov't - 1st states had state religions and prayer and religion taught in public schools
1960s- supreme court began saying separation between church and state
What is the 4th AMENDMENT?
What did the SC case MAPP v. OHIO decide about evidence obtained by police?
No unreasonable searches + seizures
-any evidence obtained w/o warrant is inadmissible
What is the 15th AMENDMENT (an amendment involving rights of African-Americans)?
Name 2 ways states tried to get around this.
Adult black males can vote
*literary tests/grandfather clause
RIGHT TO PRIVACY - What in the Constitution did the justices use to infer that people had a 'right to privacy'?
How was this used in Roe v. Wade?
*women have right to privacy of their own decisions involving their body
WHAT IS DIFFERENCE BETWEEN CIVIL LIBERTIES AND CIVIL RIGHTS?
LIBERTIES - freedoms that must be protected FROM THE GOVT
RIGHTS - right to be free from unequal treatment
What are TWO ways the government can LIMIT the freedom to petition and assembly?
- time and place (not appropriate)
-violence
The 6th AMENDMENT lists the rights of accused/criminal courts. These include the right to a ________________ trial, a _______________ jury, and to know the ___________________.
speedy and public
impartial of peers
the accusations against him
What is SUBSTANTIVE DUE PROCESS and PROCEDURAL DUE PROCESS?
•SUBSTANTIVE DUE PROCESS: content of laws must protect a person’s basic freedoms
•PROCEDURAL DUE PROCESS: laws must be justly administered + enforced
INCORPORATION - What was the INCORPORATION of the Bill of Rights?
Originally Bill of Rights applied only to federal government, but then courts said it needed to be applied to state gov't too.