Chapter 4
暂无描述。系统推荐的高质量记忆内容，适合每天坚持背诵学习。
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The Right to Privacy
-Not specifically mentioned in the Constitution. -Supreme Courts have argued that the heart lies in the 4th Amendment’s prohibition of unreasonable searches. -In 1965 the Supreme Court grounded the right to privacy in the Constitution, arguing it fits into the “zone of privacy” created by the 3rd, 4th, 5th and 9th amendments. -The right to privacy has since been used to strike down laws limiting access to birth control, outlawing abortions, and criminalizing same-sexual activity.
Rights of the Criminally Accused
-4th protects individuals from unreasonable search and seizure. -5th right to a grand jury, protection from double jeopardy, and guarantee against self-incrimination. -6th the right to legal counsel, speedy trial, and confront witnesses before an impartial jury. -8th protects individuals against cruel and unusual punishment.
What protections are guaranteed by the Fifth Amendment?
-protection from double jeopardy -protection from self-incrimination -the right to a grand jury
Why are fighting words an “unprotected” form of speech?
They may directly incite damaging action. They do not contribute to the marketplace of ideas.
True or False; The Bill of Rights had a limited reach prior to the twentieth century because most rights only applied to the national government and not state governments.
True
Which amendments, according to Supreme Court arguments, have elements of the right to privacy?
-3rd, 4th, 5th, 9th
Which case formally established the right to privacy?
-Griswold v. Connecticut
What is the significance of the Supreme Court’s ruling in Miranda v Arizona?
-It advanced the civil liberties of the accused -expanding the Fifth Amendment’s protection against coerced confessions and self-incrimination -confirming the right to counsel.
Two parts of the First Amendment concern religious freedom:
-establishment clause, free exercise clause. -Establishment clause: “a wall of separation between church and state” -Free exercise clause: protects one’s right in practicing religion
What is the difference between the establishment clause and the free exercise clause found in the First Amendment of the U.S. Constitution?
-The free exercise clause safeguards individuals religious rights, the establishment clause restricts government from endorsing a particular religion or giving favor to a certain religion.
Why is due process of law important?
-It protects individuals from arbitrary actions by their national and state government.
Types of speech from most protected to least protected.
-Freedom of press, speech plus, commercial speech, fighting words
The right of —— requires that individuals in custody be brought into court and shown the cause for detention.
habeas corpus
Which amendments have been selectively incorporated to the states using the Fourteenth Amendment?
Second Amendment, First Amendment, Eighth Amendment
Why has the “stop and frisk” police tactic been a topic of controversy?
-does not reduce crime. -leaves a lot of discretion to a police officer to determine probable cause. -has been linked to racial profiling.
What are the three parts of the Lemon test?
-Does the practice foster an excessive government entanglement with religion? -Does the practice advance or inhibit religion? -Does the practice have a secular legislative purpose?
Which amendment specifies the right to bear arms?
2nd
fifth amendment
5th amendment: protects citizens from being tried twice for the same alleged crime (double jeopardy)
sixth amendment
6th amendment- protects citizens by giving the right to receive counsel for defense of a crime
eighth amendment
8th amendment- protects citizens from being tortured or excessively threatened
fourth amendment
4th amendment- protects against unreasonable searches and seizures
-Applies to all individuals -”Negative Rights”- actions the government cannot take -Guarantees to protect people from arbitrary actions by overly powerful government ex:) -Freedom of Speech (1st Amendment) : note that Freedom of Speech is not absolute. -Freedom of Religion (1st Amendment) -Freedom of Press (1st Amendment) -Freedom of Assembly (1st Amendment) -Freedom from Unreasonable Search and Seizure (4th Amendment)
Civil Liberties
-Applies to groups -”Positive rights” -declares what the government must do or provide -Guarantees that government will act affirmatively to ensure equal citizenship ex:) -Right to due process (14th Amendment) -Right to equal protection under the law (14th Amendment) -Right to vote (The Voting Rights Act of 1965)
Civil Rights
—— Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
First