Chapter 4

things concerning a more equitable and fair society

things to inhibit government encroachment and usually to defend the bill of rights (first 10 amendments)

took the words of John Locke, derives inalienable human rights from nature

prohibits bills of attainders, ex post facto laws, and limits Congressional powers to suspend writ of habeas corpus

for the most part, yes. Alexander Hamilton critiques that the Constitution doesn’t protect private lives as it regulates just political matters.

they thought that the constitution wasn’t enough to do the job but and they thought that the bill of rights was a good idea. Robert Yates aka Brutus thinks that the government will undoubtedly expand (which it did by a lot).

Supreme Court says that the bill of rights only applied to actions of the federal government.

protects the right to travel from one state to another

states cant deny unemployment benefits who turned down the job because it required them to work on Sundays.

incorporated the second amendment into state law

ruled against censorship with few exceptions

a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays

a right of the people rooted in legal tradition and past court rulings, rather than the Constitution

a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion

the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

a government action that stops someone from doing something before they are able to do it (e.g., forbidding someone to publish a book he or she plans to release)

legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial

a legal document, signed by a judge, allowing police to search and/or seize persons or property

a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the “least restrictive means” possible

a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)

acts or statements that are extremely offensive by contemporary standards

a prosecution pursued twice at the same level of government for the same criminal action