week 5 notes
week 5 notes Pols 1337 US Govt Congress Pres and Crts
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Pols 1337 US Govt Congress Pres and Crts
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This 3 page Class Notes was uploaded by Alejandro Perez on Saturday February 28, 2015. The Class Notes belongs to Pols 1337 US Govt Congress Pres and Crts at University of Houston taught by Sharon Davis in Spring2015. Since its upload, it has received 122 views. For similar materials see US Govt Congress, Pres and Crts in Political Science at University of Houston.
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Date Created: 02/28/15
NOTES WEEK 5 Monday GIMMY Why is unconstitutional Tribute to law in TX GIMMY Lynch v Dangly Found unconstitutional or upheld on public property CIVIL LIBERTIES Constitutionally established guarantees that protect citizens opinions and property from gov arbitrary action 0 Contained in the rst 10 amendments 0 Categories 1st Amendment limit of speech to limit congress 2nol 4th Limit the executive branch 2ncl right to bear arms 3rCI quartering act 4th property protection 5th grant jury 6th speedy trial 5th to 8th limit the judiciary 9th 10th limit the national gov in general 0 Madison argued if you list particular freedoms guarantees the ones that aren t Habeas corpus court order requiring that an individual in custody be brought in court and tell the cause of detention o Prohibitions of bills of extender laws that prohibit the guilt of a person without a trial 0 Exposed facto laws retroactive laws that punish people for committing an act that was legal when an act was committed Guarantee of trial by jury in the state where the crime was committed 1st amendment Freedom of speech essential 0 Why is it essential in a democracy 0 The constitution shall make no law that challenges freedom of speech What is freedom of speech 0 Preferred position doctrine preferred speech if gov is to prohibit freedom of speech the burden of proof is on the gov to prove WHY it s necessary to restrict it 0 Any speech is constitutional unless the gov proves there was a CLEAR A GIMMY PRESENT danger that will ensue what you were saying Political speech generally afforded signi cant protection Sheneck vs the US 0 Clear and present danger test was formulated from this Fighting words words that by their very utterance in ict injury and tend to an immediate breach of the peace 0 Racism Sexual harassment Symbolic Speech 0 Vietnam war black arm bands Unprotected symbolic speech Burning destroying gov property NWSCP vs Alabama freedom of assembly Freedom of religion 0 Religiosity CIVIL RIGHTS Index that asks questions about your religious status What you can expect the gov to protect you from 1954 Separation between church and state GIMMY When and why was quotunder godquot added in the pledge of allegiance GIMMY Jimmy Carter rst president to talk about his personal relation with his religion Establishment clauses in the 1st amendment Gov NOT supposed to promote one religion more than another Has to have a secular purpose to ban or limit freedom of speech Not excessive entanglement with religion Wednesday GIMMY Lynch v Dangly Which of the following is OK as part as a publicly funded notic Elephant GIMMY is it constitutional to hold religious meetings at a public school YES if other public meetings are also allowed Free exercise clause 0 You can t regulate somebody s believes Though you can in some cases prohibit their actions Renolds v US prohibits polygamy 0 Prayer in school as organizations only Answer the question of the in the class assignment Yes France restricts all religious symbols in schools Such fact has caused an arising of the Muslim population as they believe this policy is targeted towards them The ones more affected by this are Muslim women who protest because they believe their rights are been violated Although this law is one of the ways in which the government is trying to ght terrorism it also prohibits any kind of cross or other religious symbols of any kind
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