Poli Sci Test 2

Civil Liberties

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Terms in this set (63)

Civil Liberties

-individual freedoms that place limitations on the power of government
-your right to think and act without gov interference
-Bill of Rights

accused person has right to be brought before judge and informed of the charges and evidence against them

Bill of Attainder

entitled to a trial before punishment

cannot criminalize action after it occurs (after the law is passed)

States-Bill of Rights

early 1900s when courts made states hold up to the Constitution, 14th Amend. (equal protection under the law)

5 components: speech, establishment of a religion, no limiting of religious expression (worship who you want), freedom of press, freedom of assembly

Lemon v. Kartzman 1971

-can the gov establish or endorse a religion- NO
-established lemon test in courts (fork, three prongs)
-EXAMPLE: the 10 commandments in schools (not allowed, had to be renamed if permitted in schools)

Minersville School District v. Gobitis 1940 (WWII)

-Jehovahs witness kids told to salute flag
-flag is an "idol" to them so they refuse
-kicked out of school
-court sided with school (supporting nationalism)

West Virginia State Board of Edu v. Barnetts 1945

-same scenario with the Jehovahs witness
-reversed result
-still stands today

Sante Fe Ind. School District v. Jane Doe 2000

-Texas school allowed chaplain to lead prayer over the PA system before a home football game
-parents sued school system
-court says its unconstitutional
-demands school can not force students to choose between game and challenging their beliefs
-student prayer is allowed as long as not sponsored by school or school leader