POLS 2326 Chapter 4 Flashcards

Questions and Answers

The Constitution does not provide a basis for a right to privacy.

False

The right to bear arms is found in which amendment?

2nd

How has government protected the right to privacy?

Various Supreme Court cases have recognized the right to privacy.

In what ways is the Second Amendment different from the First Amendment? How are they similar?

1st: Allows for the freedom of the press and speech; 2nd: Allows for the right to bear arms. Similarities: Reserves powers to the public, protects individual freedom, limits government powers, within the Bill of Rights. Signup and view all the answers

The Bill of Rights was adopted as part of the Constitution as a concession to which political faction?

Antifederalist Signup and view all the answers

Put these categories in order, from the group with the largest percentage of the U.S. population to the group with the smallest.

Christian denominations, non-religious, other major world religions. Signup and view all the answers

Match the following branches of government to their corresponding amendments, which serve as a check on their power:

Judicial = Fifth, Sixth, Seventh, and Eighth Amendments Executive = Second, Third, and Fourth Amendments Legislative = First Amendment Signup and view all the answers

The Supreme Court has generally been consistent in its protection of the right to privacy.

False Signup and view all the answers

Which of the following are the three parts of the Lemon Test?

Does the practice advance or inhibit religion? Does the practice have a secular legislative purpose? Does the practice foster an excessive government entanglement with religion? Signup and view all the answers

Match the amendment on the left with its purpose.

Fourth Amendment = Protects against unreasonable searches and seizures Fifth Amendment = Protects citizens from being tried twice for the same alleged crime (double jeopardy) Sixth Amendment = Protects citizens by giving the right to receive counsel for defense of a crime Eighth Amendment = Protects citizens from being tortured or excessively threatened Signup and view all the answers

The right to privacy was formally established in which case?

Griswold v. Connecticut Signup and view all the answers

Which of the following situations demonstrate libelous speech?

A newspaper falsely accuses a mayor of corruption with the intention of damaging the mayor's career. A magazine that wants to boost its circulation runs an article falsely accusing a senator of running a gambling ring. Signup and view all the answers

How does the 'wall of separation' apply to the establishment clause?

The 'wall of separation' refers to the dissociation between church and state. Signup and view all the answers

The Bill of Rights contains an American's civil rights.

False Signup and view all the answers

Which of the following best describes the Supreme Court's stance on public displays of religious symbols?

The Court's rulings have been inconsistent. Signup and view all the answers

Match each of the following First Amendment concepts to its meaning.

Prior restraint = Government efforts to block the publication of material Public forum doctrine = Protection of public spaces traditionally used for assembly Speech plus = Speech accompanied by actions such as protesting Signup and view all the answers

Put the items related to the evolution of privacy rights in order from oldest to most recent.

The Supreme Court ruled in favor of marital privacy, The Supreme Court expanded the right to privacy with regard to abortions, The Supreme Court ruled that gays did not have a right to privacy, The Supreme Court ruled that gays have a right to privacy. Signup and view all the answers

How does the Fourth Amendment protect citizens from the government?

It protects against unreasonable searches and seizures, and applies the exclusionary rule. Signup and view all the answers

Study Notes

Right to Privacy

The Constitution does not explicitly mention a right to privacy but implies it through the 3rd, 4th, and 5th Amendments.
Various Supreme Court cases have established and recognized the right to privacy.

Second Amendment vs First Amendment

The Second Amendment guarantees the right to bear arms.
The First Amendment protects freedoms such as speech and press.
Both amendments protect individual freedoms, reserve powers to the public, and limit governmental authority.

Bill of Rights

Adopted as a concession to the Antifederalists to ensure individual liberties.
Composed of civil liberties that the government cannot infringe upon, distinct from civil rights, which require government action against discrimination.

Government Branches and Amendments

Judicial Branch: Fifth, Sixth, Seventh, and Eighth Amendments act as checks on judicial power.
Executive Branch: Second, Third, and Fourth Amendments provide checks on executive actions.
Legislative Branch: First Amendment serves as a check on legislative power.

Supreme Court and Privacy Rights

The Supreme Court's protection of privacy has been inconsistent, with recent reversals of earlier decisions.
Key case in establishing the right to privacy: Griswold v. Connecticut.

Lemon Test

Three components:
- Does the practice advance or inhibit religion?
- Does it have a secular legislative purpose?
- Does it foster excessive government entanglement with religion?

Fourth and Fifth Amendments

Fourth Amendment protects against unreasonable searches and seizures; ensures due process and the exclusionary rule.
Fifth Amendment safeguards against double jeopardy and guarantees due process.

Libel Definition

Libelous speech exemplified by false accusations with intent to harm, like a false claim of corruption against a mayor or a senator.

Establishment Clause

The "wall of separation" signifies the separation of church and state, emphasizing that religious institutions and government should remain distinct.

Public Displays of Religious Symbols

The Supreme Court's rulings have varied, showing inconsistency regarding the display of religious symbols in public spaces.

First Amendment Concepts

Prior Restraint: Government efforts to prevent publication.
Public Forum Doctrine: Protects public spaces used for assembly.
Speech Plus: Speech combined with action, such as protest activities.

Evolution of Privacy Rights

Historical progression includes rulings favoring marital privacy, expanded privacy in abortion, initial denial then later recognition of privacy rights for LGBTQ+ individuals.

Exclusionary Rule

Excludes evidence obtained from illegal searches, reinforcing the Fourth Amendment's protection against unreasonable searches and seizures.

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Description

Test your knowledge on the key concepts from Chapter 4 of POLS 2326. This flashcard set covers crucial aspects of the Constitution, including rights to privacy and the right to bear arms. Ideal for preparing for exams and enhancing your understanding of constitutional principles.