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Gov't amendments
hths Mr.dale's gov't class
29
History
11th Grade
01/17/2013

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Cards

Term
Civil Liberties
Definition
Rights that need protection from the gov't
Term
Civil rights
Definition
Rights that need protection by the gov't
Term
What are the limits on your civil liberties and who makes these distinctions
Definition
"your civil liberties end when they begin to infrindge on the rigts of others, and the courts make these distinctions
Term
What in Incorporation theory and whic court case established it
Definition
It applies the bill of rights to all states by using the 14th amendment; established in the case Gitlo v Newyork 1975
Term
What are the 5 issues covered in the 1st amendment
Definition
Press, religion, assemple, petetion, and speech
Term
In 1971 in the case Lemon V Kurtzman the supreme court limited taxpayer money going to Parochial schools by establishig a three tiered test. What are the three tiers that were established?
Definition

1.aid must be non-religious in nature

2.Aid must ovid excessive enteglement

3.Must not promote or prohibit a religion

Term
Give 3 examples of state aid that can be given to church related schools?
Definition

Bussing

Shared services

Vouchers

Term
Is the displaying of the ten commandments allowed on gov't property
Definition
Depends, display is permissable but is not mandated
Term
Can the state mandate the teaching of creationism
Definition

States cannot mandate the teaching of creationism 

 

Term
The courts have upheld a distinction between the ______and the______ of religion
Definition
Belief and Practice
Term
The free exercise of religion is not protected in what two cases
Definition

If waht youre doing violates civil duties

Or if it is subersive to good order

Term
What two purposes are served by the protection of free seech by the 1st and 14th amendment
Definition
1st guarntess free expression of ideas in spoken and written words, gurantee all persons a full wide wranging discussion of public affairs
Term
Give examples of expressions that are not protected
Definition

Seditious speech

Something that would present a danger

Libel

Fihgting words

Slander

Heckler'sveto

Anything that advocates illegal activities

Term
What is prior restraint and how was the court rulled on that subject
Definition
Curbing or punishing ideas before they happen. Courts have ruled that the gurantee of freedom of press dosent allow for prior restraint except for extreme casess
Term
What was the ruling in Hazelwood V Kuhlmeier
Definition
Education may exercise control over school sponsered activites/ publications
Term
Are repoters protected under the 1st amendment when it comes to testifying in court
Definition
NO, they must answer any relevant questions
Term
What is symbolic speech give examples and how was the court ruled on it
Definition
expression by conduct- armbands, ribbions, picketing
Term
2nd amendment
Definition
The right of the citizen to own a gun with restrictions
Term
3rd amendment
Definition
No forced quatering of troops
Term
4th amendment
Definition
  • Protects american citizens from unwarrented searches and seizures
  • Evidenc found during an illegal search may not be used

 

Term
5th amendment
Definition

Protecs citizens from the following

  • Double jepardy
  • Self incrimination
  • Eminant domain
  • due process of law
Term
6th amendment
Definition
Guarntee the right to a jury trial in criminal cases, and right to an attorney, all trials must be speedy and public
Term
7th amendment
Definition
Right to a jury trial in civil cases
Term
8th amendment
Definition
Protection from crule of unsusal punishment
Term
9th amendment
Definition
Unernumerated rights, such as abortion, and privacy
Term
10th amendment
Definition
State powers and federalism
Term
Indictmen
Definition
What is a formal complaint before a grand jury, which charges the accused with one or more crimes
Term
Libel
Definition
False and malicious use of rpinted words
Term
Miranda rights
Definition
Constitutional rights, which must read to a suspect before questioning can occur
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