History Chapter 4 Study Guide

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Bucks County Community College *

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AMERICAN G

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Political Science

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Oct 30, 2023

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docx

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Bill of Rights ● Intended as restrictions against the National Government. It was created for the Anti - Federalist in order to get the Constitution ratified. ● The provisions of the Bill of Rights apply against the National Government, not against the States.This does not mean, however, that the States can deny basic rights to the people each state has a Bill of Rights in its constitution. ● Also, the 14th amendment’s Due Process Clause states, “No state shall… deprive any person of life, liberty, or property, without due process of law…” Civil Liberties vs. Civil Rights ● Civil liberties are protections against the government. Examples include freedom religion, freedom of speech and press, and the guarantee of a fair trial. ● Civil rights is reserved for the positive acts of government that seek to make constitutional guarantees a reality for all people. Examples include the prohibitions of discrimination on the basis of race, sex, religious belief, or national, set out in the Civil Rights Act of 1964. Rights are relative, not absolute ● Each person’s rights are relative to the rights of every other person. Citizenship ● You can become a citizen either by birth or naturalization. - Jus soli and jus sanguinis (Birth) - Naturalization: the legal process by which a person becomes a citizen of another country at some time after birth. - Rules: Must be at least 18; entered the country legally, literate in the English language; take an oath or affirmation; be of “good moral character”; know the history of the US and gov. principles; and petition for naturalization with the clerk of the Federal District Court. ● Expatriation - the legal process by which a loss of citizenship occurs. ● Denaturalization - Naturalized citizens can lose their citizenship involuntarily. It can only occur by court order and only after it has been shown that the person became a citizen by fraud or deception. First Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Freedom of Religion ● embraces 2 religious principles: separation and tolerance. ● Establishment Clause: Government can’t establish a specific religion. There’s a separation between church and state. ● Free Exercise Clause: the right to have your own religion. ● Public schools cannot sponsor religious exercises, such as prayer either in school or at school-related events. The Lemon Test State aid to parochial schools is constitutional if... 1. Have a clear secular, non-religious purpose 2. Cannot advance or inhibit religion 3. Avoid excessive entanglement with religion.

Freedom of Speech ● Some forms of expression are not protected by the Constitution. - No person has the right to libel or slander. Libel is the false speech and malicious use of printed words; slander is the false and malicious use of spoken words. ● The law prohibits the use of obscene words, the printing and disturbing of obscene materials, and false advertising. It also condemns the use of words to prompt others to commit a crime, like a riot. Seditious Speech ● speech that urges people to overthrow the government. ● Espionage Act and Smith Act - Schenck v. United States: Charles Schenck, an officer of the Socialist Party, had been found guilty of obstructing the war effort. He had sent fiery leaflets to some 15,000 men who had been drafted, urging them to resist the call to military service. Schenck lost the Court case. Words are weapons, in essence and it violated the Espionage Act. Freedom of Press ● Prior Restraint: the government cannot curbed ideas before they are expressed. - The gov. is only allowed to censor info before it is even published if it poses a threat to national security. - The Court held that the guarantee of a free press does not allow a prior restraint on publication, except in such extreme cases as wartime, or when a publication is obscene or incites violence. Freedom of Assembly What is protected? 1. You can meet to criticize the government. 2. You need to obtain a permit 3. Your demonstrations should be on public property 4. It needs to be nonviolent. What is NOT protected? 1. When your demonstration takes place on private property. 2. When it interferes with the rights of others. 3. When it turns violent. 4. Cannot enter the grounds of a county jail. 5. Cannot be at a courthouse if it is going to interfere with a trial. 2nd Amendment ● the right to bear arms. Fourth Amendment ● It was designed to prevent the use of writs of assistance - blanket search warrants with which British customs had invaded private homes to search for smuggled goods. ● Police needs a warrant and probable cause (reasonable suspicion of a crime) to search your home. ● Police do not need a warrant when evidence is in plain view. They don’t need a warrant if they arrest you or to search your car when there is probable cause to believe that it is involved in illegal activities. Police officers don’t need a warrant for Drug testing either. ● Mapp v. Ohio - The police pushed open the door of Dollree Mapp’s home, despite her protests. They believed a bombing suspect was hiding in her home. She demanded to

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