AMERICAN GOVERNMENT FINAL
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45 terms
Terms | Definitions |
|---|---|
 What are the first Amendment freedoms? | Freedom of speech, press, assembly, and religion. |
| What Gitlow vs. New York? | The Supreme Court decision of 1925 that states that the freedom of speech and press apply to the states via the 14th amendment. |
| What is freedom of speech (all dimensions)? | Freedom to speak freely, also the freedom for others to hear what you say (communication is the purpose of speaking) violation of freedom of speech ex: being canceled on a radio station |
| WHAT can congress do on regard to laws on religion? | Congress cannot make a law that establishes a religion for the American people. |
| What is the role of government? | To prevent anarchy and chaos. |
| What is the current law on speech? | You can say whatever you want to say as long as they don't fall into unlawful categories (decided case by case). |
| How do we determine what falls into the unlawful categories of speech? | When they infringe upon another person's freedoms and rights. This is when they become unlawful. |
| What are the unlawful categories of speech? | Obscenity, Libel, fight words, cruel commercial speech. |
| What are the three old tests for determining unlawful speech? | Bad tendency, clear and present danger, preferred position. |
| What is libel? | Making false statements about a person in writing. Written deprivation of character. |
| What is seditious libel? | The avocation overthrow of government in writing. |
| What is seditious libel old and new? | Old- all you needed were to have verbal contact to have avocation to overthrow government. Could be writing or verbal! New: Can't be hung for treason or seditious libel unless you take action. Today you need verbal, writing, and action. |
| What Supreme Court case defines obscenity? | Miller vs California 1973 |
| What is freedom of the press? | Guaranteed under Bill of Rights. Right of public to be informed. To reduce tyranny and promote liberty and freedom. Watchdogs of public officials. Right to publish information and keep the people informed. |
| How is the Supreme Court ruled with regard to reporters who want to keep their sources secret? | No reporter has the right to keep their sources secret when it has to do with national secrecy. |
| Why are known racist hate groups generally permitted to march across our nation's streets? | Because we have the freedom of assembly as long as it is peaceful and doesn't infringe on rights of others. |
| What is the legal act of granting citizenship? | Naturalization |
| What are the conditions (requirements) for becoming a citizen? | Nonemy of the state (someone whos not a member of a country who we are currently in war with), 18 or older to apply, must reside in the US for 5 years, Reside in a state for 6 months, no felonies, English speaking, Swear and take oath to constitution and offer bare arms to protect our country if told to do so, admitted to country legally, renounce former enemies |
| What is expatriation? | Renouncing citizenship in this country. |
| Describe your rights as a citizen (natural born and naturalized)? | You can travel here or abroad with a passport, you cannot be deported for an invalid reason, all citizens have the same rights except they cannot run for president if they are naturalized and illegal aliens are not allowed the same rights (so they don't get federal assistance). Both illegal and legal citizens must pay taxes by census. |
| What are the rights of naturalized citizens in respect to the constitution? | All the same rights as us, but can't run for president |
| Where do most illegal immigrants come from? | Mexico, central America, South America |
| Once in the country, what is the status of immigrants (legal or illegal) with regard to the issue of taxes and the census? | Both groups have to be accounted for and pay taxes |
| What is it when the federal government takes property for public use? | Eminent domain |
| Describe your right to a trial by jury? | Due process |
| What is Habeas corpus? | Court order requesting that the prosecutors / distract attorney to explain to a judge why a person is being held in incarceration under their constitutional rights. Bring the body forth (corpse) |
| What is expos facto? | A law that makes an act a crime that was not a crime when it was committed. |
| What is Griswall vs. Connecticut? | Decision which establishes your right to privacy in 1965. Was not in the constitution so privacy is an implied power. |
| What is your right against unreasonable search and seizure? | Under the 4th amendment. Anything that is on your person. Anything that does not have a warrant. |
| What are the lawful warrantless searches? | Stop and frisk, in plain view, exigent (random prison break), auto (car jacking), national security (protection of country comes first) |
| What is Mapp vs Ohio? | The Supreme Court case that establishes evidence that is not obtained legally is non usable. |
| What is the right to remain silent? | 5th amendment. Right against self incrimination |
| What is racial profiling? | Unconstitutional and illegal. When cops use people as suspects just because of their skin color or nationality. BAD ENCOURAGES RACISM. |
| What is immunity from prosecution? | The government exchanges your testimony for a pledge to that suspect to not prosecute them. Immunity from prosecution. |
| What is Miranda vs. Arizona? | The rule that mandates that law enforcement officers inform their suspects to the right to remain silent. Came about because protest in the 60s (revolutions) and government officials wanted people to remember they have the right to not incriminate themselves. |
| What is a grand jury? | 6-12 members of community selected by court they convene whether there is sufficient evidence to go to trial, then an indictment is handed down through the court system. They do not determine guilt or innocence |
| What is a regular jury? | AT least six people who are deemed peers who determine guilt or innocence in a civil or criminal action. |
| What is the 8th amendment? | The right against cruel and unusual punishment |
| What is the declaration of independence? | Statement adopted by continental congress on July 4, 1776, which announced American colonies were at war with Britain - colonies declared themselves independent states. Primarily written by Jefferson |
| What should a jury represent with respect to the community? | A cross section of the community. All kinds of people must be present. |
| When did Washington cross the Delaware? | December 25, 1776 |
| What did Washington do after he got there? | Surprise attack against Hessian (british)forces |
| What is the significance of the Gor vs Busch election? | Gor won overall popular vote, but lost Electoral College vote. Republicans argued Bush won election. Florida determined winner (voting machines owned by republicans). |
| What is a liberal? | The view that the primary task or function of the government is to provide justice. Individuals should have business but we should have some government intervention. Believe in equal access to housing, education, health care. Affirmative action. Usually democrats. |
| What is a conservative? | Usually republicans. Primary task of government is law and order. Believes you need to pay for housing, education, and health care yourself. No affirmative action. Everyone should be taxed the same regardless of your income. Opposed to labor unions. |
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