individual legal and constitutional protections against the govt; set down in the Bill of Rights
the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th amendment
What are the 2 clauses in the freedom of religion section of the 1st amendment and what do they mean?
establishment clause - there is no established religion
free exercise clause - freedom to worship as the people please
Describe 2 aspects of the freedom of religion clause pertaining to education.
1. Federal funds to religious and secular schools must be equal.
2. Prayer in public schools cannot be mandated by the school.
Freedom of Expression
the right to say or publish what one believes
What three things are not protected under freedom of expression?
incitement to violence
refers to a govts actions that prevent material from being published (aka censorship)
actions that do not consist of speaking or writing but that express an opinion (i.e. flag burning is constitutionally upheld)
communication in the form of advertising; more heavily regulated
What are the 2 parts of the freedom of assembly clause?
literal right to assemble
right to associate with people who have a common interest
What have the stages of the justice system been compared to?
List the steps of the criminal justice system.
reasonable grounds to believe that someone is guilty of a crime
Unreasonable Searches & Seizures
obtaining evidence illegally; upheld by the 4th amendment
written authorization specifying an area that can be searched by police and what can be searched for
evidence cannot be introduced into a trial unless it was constitutionally obtained
when a suspect is forced/compelled to be a witness against his/herself; 5th amendment forbids it
bargain truck between defendant's lawyer and prosecutor to the effect that the defendant will plead guilty to a lesser crime in exchange for the state's promise not to prosecute the defendant for a more serious crime
Right to Privacy
right to a private personal life free from the intrusion of the govt
Describe three constitutionally defined aspects of right to privacy.
1. use of contraceptives is a private matter and cannot be controlled by the state
2. parents have the right to make medical decisions for their children
3. there is not constitutional right to physician assisted suicide
Expansion of the scope of government is marked by what 2 characteristics?