POLI201 Chapter 4 Notes
POLI201 Chapter 4 Notes POLI 201 -001
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POLI 201 -001
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This 3 page Class Notes was uploaded by Cleopatra Shabazz on Thursday September 15, 2016. The Class Notes belongs to POLI 201 -001 at University of South Carolina - Columbia taught by David Darmofal in Fall 2016. Since its upload, it has received 9 views.
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Date Created: 09/15/16
Chapter 4 Important Term Definition/Main Idea Example Court Case Civil Liberties Personal rights and freedoms guaranteed to citizens that protects them from unjust, governmental laws Bill of Rights = Basis of Civil Liberties Dual Citizenship Americans are both citizens of the national government and citizens of their native state. Barron v Baltimore (1833): 5 amendment restrains power of the national government but cannot be applied to state governments Fourteenth Amendment Strives to apply the Bill of Rights to State Governments Anyone born or naturalized in the US are US citizens and citizens of the state they live in States cannot create or enforce laws that take away the privileges of US citizens States cannot deprive anyone of “life, liberty or property” without fair treatment of the law (due process) Selective Incorporation The onebyone application of liberties stated in the Bill of Rights to state governments The Supreme Court ruled in 1873 that 14 amendment did not apply the Bill of Rights to state governments Selective Incorporation is a time period filled with historic court cases that helped apply the Bill of Rights to state governments The Bill of Rights Freedom of Religion Establishment Clause: separation of church and state Free Exercise Clause: citizens can practice whatever religion they want Lemon Test Government can be involve itself in religion if it does not: o Promote nor prohibit religion o Create excessive entanglement (too much involvement with people who practice certain religions, including other countries) Freedom of Speech Government protects certain types of free speech o Protected: Political Speech Speech Plus Speech that involves public demonstrations such as sitins and picketing Only protected if participants abide by state, local, and public restrictions Westboro Baptist Church (members) The picket signs contain very hurtful messages about dead soldiers Yet, the people do not protest at the funerals but near them o Unprotected: “malicious, scandalous, defamatory” speech Libel: written Slander: verbal Clear and Present Danger Used to determine if speech is protected or unprotected by Constitution The goal is to not violate someone else’s rights to free speech Freedom of the Press Prohibits prior restraint o When a government agency tries to prevent someone from publishing harmful or libelous information o Censorship Search and Seizure Mapp v Ohio (1961) th o Exclusionary Rule: courts can exclude obtained evidence that violates the 4 amendment Rights of the Accused Fifth Amendment o Double Jeopardy: courts cannot try a person twice for the same crime o Miranda Rights Anyone under arrest must be read their legal rights before the police can interrogate them Protects against selfincrimination Sixth Amendment o Speedy, public trial o Impartial jury o Right to confront accuser(s) o Gideon v Wainwright (1961): right to counsel Eighth Amendment o No excessive bail and fines o No “cruel and unusual” punishment Right to Privacy Not explicitly stated in the Bill of Rights Griswold v Connecticut (1965) o No state is allows to ban the use of contraceptives o Violated “zone of privacy” (privacy rights protected by the Constitution) Roe v Wade (1973) o Women’s rights to an abortion o Emphasized right to privacy The Right to Die Gonzalez v Oregon (2006): doctors are allowed to assist terminally ill patients who no longer want to be alive
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