American Government POL-1113-4
Popular in American Government
verified elite notetaker
Popular in Government
This 3 page Class Notes was uploaded by Shaylyn Bradshaw on Sunday October 2, 2016. The Class Notes belongs to POL-1113-4 at Southwest Baptist University taught by C. Neal in Fall 2016. Since its upload, it has received 11 views. For similar materials see American Government in Government at Southwest Baptist University.
Reviews for American Government
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 10/02/16
Congress shall make no law: of Establishment or against Free exercise ● Wall of separation between church and state Cults (1900’s) ● 1820 Millerites ○ Claims that Jesus will return in 18431844 ○ Later says October 22 of 1844 ○ Many gathered on a hill (10,000) ○ October 23 of 1844 is known as The Great Disappointment ● Bahai: cult that says every religion is true. Leader: Bab Incorporation ● First exercised in the case of ● Exerson v. Ewing township Board of Ed (1917) ○ Bus rides ○ Natural services ● Lemon v. Kurtzman (1971) ● Lemon test 3 rules have to be met if gov. wants to do something religious related 1. Must serve a secular purpose 2. Can’t have primary effect of advancing or inhibiting religion 3. No excessive government entanglement with religion Plastic Reindeer Rule ● Towns and cities can have a nativity scene as long as it’s surrounded by secular things ● 10 Commandments Freedom of Speech How far can I go? Protected Unprotected True All Clear and present danger False: When we know Spoken by a public figure or Libel: printed someone is telling a lie on about a public figure Slander: spoken purpose (Intentional Lies) Libertarian ● As long as speech doesn’t immediately hurt someone it’s okay Social Value ● That’s too loose ● Does the speech have public purpose? Advocacy of Illegal Action ● Encouraging people to commit crimes ● Schneck vs. U.S. (1919) ○ Proximity (how likely are people going to do it?) ○ Degree (how bad is it that I am encouraging?) ● Dennis vs. U.S. (1951) ○ Gravity of evil (protection of speech) ○ Degree matters most here ● Brandenburg vs. Ohio (1969) ○ Kkk leader ○ Proximity matters here Fighting Words ● If these words are going to enrage or are harmful to the average person then it is okay for the gov. To step in Obscenity ● If it is obscenity to the average person, gov. Can step in Press ● Can’t ban a book you print ● But you can not sell the print ● Can not punish a publisher Expression ● Does free speech protect the things you do? (Sometimes) ● Must be an act of symbolic conduct Keeping and bearing arms ● 2nd amendment ● State is not allowed to completely ban firearms only some/little bit Privacy ● Griswold vs. Conn. (1965) ● Right to privacy is not in constitution ● Penumbras and emanations (implied rights) ● Roe vs. Wade (1973) major case ● Lawrence vs. Texas (2003) ○ Soodom and homasexuality Criminal Rights Due process ● Same process for everyone ● No improper searches and seizures ● No arrest w/o probable cause ● Right to remain silent ● No coerced confessions ● Miranda Rights ● Right to an attorney ● Reasonable bail (not always a bail) ● Grandjury ● Open Trial ○ Impartial trial ○ Jury ○ No secret trial ● Speedy trial ● No double jeopardy Guilty Rights ● Right of appeal ● No cruel and unusual punishment Civil Rights ● Eminent domain ● Government can take your property for public use but has to pay fair market value
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'