Chapter 19 Section 1: Unalienable Rights Commitment to Freedom

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Chapter 19 Section 1: Unalienable Rights
1. Commitment to Freedom
a. Bill of Rights, Civil Liberties, Civil Rights
2. Limited Government
a. Rights are Relative Not Absolute, When Rights Conflict, To Whom Rights are Guaranteed
3. Federalism and Individual Rights
a. Bill of Rights, Modifying Effect of the 14th Amendment (Due Process)
4. 9th Amendment
Chapter 19 Section 2: Freedom of Religion
1. Freedom of Expression: protected by 1st Amendment and 14th (Establishment Clause)
2. Separation of Church and State: what it means.
3. Religion and Education:
a. Establishment Clause: Everson v Board of Education (New Jersey School Bus Case)
b. Released time
c. Prayers and Bible: 7 major cases (Engel v Vitale 1962, Stone v Graham 1980, Wallace v
Jaffree 1985, Lee v Weisman 1992, Sante Fe Independent School District v Doe 2000.
d. Student Religious Groups: Equal Access Act of 1984
e. Evolution: Epperson v Arkansas 1968
f. Aid to Parochial schools : meaning
g. Lemon Test: 3 prong test, court case(s) associated with it.
h. Other establishment clause cases: seasonal displays and chaplains
i. Free Exercise Clause: limits on free exercise and free exercise upheld.
Chapter 19 Section 3: Freedom of Speech and Press
1. Free Speech and Press: 1st and 14th amendment serve 2 purposes and other 2 points (protect
expression of unpopular views and some forms aren’t protected by constitution)
a. Libel or slander
2. Free Speech or Sedition: definitions
a. Alien and Sedition Acts, Sedition Act of 1917, Smith Act of 1940
3. Free Speech or Obscenity
a. Mail (Roth v US 1957, Miller v California 1973 3 part test, adult entertainment, child
pornography, and nude dancing bars.
4. Prior Restraint: definition and examples of what the court has approved.
5. The Media
a. Confidentiality (Shield Laws), Motion Pictures, Radio and Television: importance of those.
6. Symbolic Speech: definitions
a. Picketing (Thornhill v Alabama 1940)
b. Other Cases: US v O’Brien 1968, Kelley v Johnson 1976, Tinker v Des Moines School District
1969, Buckley v Valeo 1976 (not all of them)
c. Flag Burning: what court says, United States v Eichman, 1990.
7. Commercial Speech : definition, protected speech and not, Court Cases.
Chapter 19 Section 4: Freedom of Assembly and Petition
1. Constitution’s Guarantees: Assemble definition, what the constitution protects and what it
doesn’t.
2. Time-Place-Manner Regulations: definition, what the government states on the issue.
3. Public Property
a. Gregory v Chicago, recent cases: Madsen v Women’s Health Services Inc 1994 or Hill v
Colorado 2000.
4. Private Property: define private property and what is considered a violation according to the
gov’t.
5. Freedom of Association: right of association definition, court case(s).
Chapter 20 Section 1: Due Process of Law
1. Importance of Due Process (due process, substantive and procedural definitions and
interpretations)
a. Examples of due process, 14th amendment and Bill of Rights, court cases with those.
2. Police Power: what are the powers, search warrant definition.
3. Right of Privacy: meaning.
a. Roe v Wade, court’s ruling and importance.
b. Later Reproductive Rights Cases: importance of these cases and what it lead to.
Chapter 20 Section 2: Freedom and Security of the Person
1. Slavery and Involuntary Servitude
a. 13th amendment sections 1 & 2: involuntary servitude and discrimination definitions. Any
interpretations by government.
2. Right to Keep and Bear Arms: what amendment, what does it mean, who limits this
amendment?
3. Security of Home and Person: definition
a. 3rd – 4th amendment: definitions and writ of assistance.
b. Probable cause: definition, what police can/can’t do, court case.
c. Arrests: definition
d. Automobiles: definition, court case.
e. Exclusionary Rule: definition
f. Mapp v Ohio: importance of this case.
g. Cases narrowing the scope of the exclusionary rule: 4 cases and their important results to
narrow exclusionary rule.
h. Drug Testing: definition
i. Wiretapping: definition
Chapter 20 Section 3: Rights of the Accused
1.
2.
3.
4.
5.
6.
Habeas Corpus: definition, what the Constitution states.
Bills of Attainder: definition, background info.
Ex Post Facto Laws: definition, 3 features, who can pass them, Carmell v Texas, 2000.
Grand Jury: definition, indictment, what they can/can’t do.
Double Jeopardy: definition, explanations of it.
Speedy and Public Trial: definitions, 4 criteria of speedy trial, 6th amendment, 14th amendment,
limitations of trial, court cases.
7. Trial by Jury: definition, what amendments associated with, no discrimination of jury.
8. Right to an Adequate Defense: definition and 3 criteria, Gideon v Wainwright, 1963.
9. Self Incrimination: definition.
a. Applying the guarantee: what all it entails. Miranda v Arizona 1966: importance of it,
Miranda Rule, 5 rights, Texas v Cobb, 2001.
Chapter 20 Section 4: Punishment
1.
2.
3.
4.
Bail and Preventative Detention: definitions, 2 grounds of bail, how bail is used.
Cruel and Unusual Punishment: 8th amendment, examples by court cases.
Capital Punishment: definition, what the law entails.
Treason: definition, Article III Section2 two things it consists of, Results of treason, John Brown.
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