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ch 19
Civil Liberties: First Amendment Freedoms
Question | Answer |
---|---|
Civil Liberties | First Amendment Freedoms |
Bill of Rights | the first ten amendments in the Constitution |
Civil Rights | sometimes reserved for those positive acts of gov. that seek to make constitutional guarantees a reality for all people |
Aliens | foreign-born residents or non-citizens. |
Due Process clause | provides that no State can deprive any person of life, liberty or property, without due process of law |
Amendment 9 | states that the Americans possess rights are not set out explicitly in the Constitution. Its been used to protect rights as various as the rights of the accused to a woman’s right to abortion. |
Establishment Clause | Guards against establishing a mandated religion. In effect, freedom from religion |
Free exercise clause | Guards against the gov. interfering in the exercise of any religion. In effect, freedom for religion. |
Libel | false and malicious use of printed words. |
Slander | false and malicious use of spoken words |
Sedition | crime of attempting to overthrow the gov. by force or to disrupt its lawful activities by violent acts. seditious speech- advocating or urging of such conduct |
Obscenity | fifthlthy or lude |
Prior restraint | spoken or written words |
Shield law | Congress has not acted on the Court’s suggestion |
Symbolic speech | expression by conduct |
picketing | patrolling of a business site by workers on strike, is a prevalent form of symbolic speech. |
assemble | gather with one another to express views. |
right of association | the right to associate with others to promote causes. |
What is the process of incorporation? | It combined most of the guarantees in the Bill of Rights in the 14th Amendment Due Process Clause. |
What guarantees in the Bill of Rights are not now covered by the 14th Amendment's due process clause? | Ist amendment- freedom of speech 4th amendment- unreasonable searches and seizures 8th amendment- cruel and unusual punishments 5th amendment- self-incrimination 6th amendment- obtain witness |
Explain the phrase "separation of church and state" | Church and government are constitutionally separated from one another. However, the government supports churches and religion in a variety of ways, including tax exemption. |
Explain the "Lemon Test" | The purpose of the aid must be nonreligious The aid can not advance and prevent religion Must avoid entanglement of the gov. with religion. |
What are some limits to the “free exercise clause" | Bigamy Using poisonous snakes during religious ceremonies Schoolchildren who have not been vaccinated |
What are examples of "symbolic speech” | Amish children cannot be forced to go to school after grade 8 Ministers are allowed to hold elective office Unemployment benefits cannot be denied to someone who quit their job because of religious beliefs |
Contrast the right to assemble on Public Property versus Private Property | Public property- is open to all people and private is not. |