Questions and Answers
Habeas corpus refers to:
Conflicts over whether public schools should be allowed to assign readings from the Bible and lead nondenominational prayers are examples of disagreements over the:
Freedom of speech and of the press have a special place in the American system because:
The first test for determining when the government may intervene to suppress political speech was called the ___ test.
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What was the Supreme Court case that declared the exclusionary rule?
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The ruling in Plessy v. Ferguson (1896):
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Study Notes
Habeas Corpus
- Habeas corpus is a court order requiring that an individual in custody be brought before the court.
- It ensures that a detainee can contest the legality of their detention.
Bill of Rights Supporters
- The strongest advocates for adding a Bill of Rights to the Constitution were the anti-federalists.
- They believed it was essential to protect individual liberties against potential government overreach.
Nationalization of the Bill of Rights
- The Fourteenth Amendment serves as the constitutional basis for the nationalization of the Bill of Rights.
- It incorporates specific rights at the state level through due process protections.
Impact of the Fourteenth Amendment
- The Fourteenth Amendment enforced nearly all provisions of the Bill of Rights onto state governments, although full application took over a century.
- It significantly transformed the relationship between state and federal law regarding individual rights.
Separation of Church and State
- The establishment clause of the Constitution embodies the principle of a wall of separation between church and state.
- This clause prohibits the government from establishing a religion or showing preference for one over another.
Public School Religious Practices
- Conflicts concerning Bible readings and nondenominational prayers in public schools illustrate disagreements over the establishment clause.
- These debates center around the principle of maintaining a secular educational environment.
Importance of Freedom of Speech and Press
- Freedom of speech and press is fundamental in America as it promotes free and open debate, essential for evaluating the validity of differing ideas.
- These rights were prioritized in discussions about the Bill of Rights and their incorporation into the Constitution.
Clear and Present Danger Test
- The "clear and present danger" test is the initial standard for determining when the government may suppress political speech.
- This test assesses whether speech poses an immediate threat to public safety or national security.
Exclusionary Rule
- The principle of the exclusionary rule was established in Mapp v. Ohio, preventing illegally obtained evidence from being used in court.
- This ruling reinforces the Fourth Amendment's protection against unreasonable searches and seizures.
Ruling in Plessy v. Ferguson
- In 1896, Plessy v. Ferguson established the "separate but equal" doctrine, legitimizing racial segregation.
- The ruling indicated that segregation by race was permissible under the law, shaping civil rights discussions for decades to come.
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Test your knowledge of essential legal terms with these flashcards. Understanding concepts like habeas corpus is crucial for anyone studying law or interested in legal processes. Go through the definitions and see how well you know these key terms!
