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Civil Rights and Liberties

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Civil Rights and Liberties

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1. Abrams V United States

The boy scouts were allowed to dismiss a leader after learning that he was gay, holding that freedom of association outweighed the New Jersey anti-discrimination statute.protection against double jeopardy, self-incrimination, and punishment without the due process of law.Right to Bear Arms1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Test

2. Second Amendment

1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency TestRight to Bear ArmsThe boy scouts were allowed to dismiss a leader after learning that he was gay, holding that freedom of association outweighed the New Jersey anti-discrimination statute.protection against double jeopardy, self-incrimination, and punishment without the due process of law.

3. Fifth Amendment

Right to Bear Arms1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency TestThe boy scouts were allowed to dismiss a leader after learning that he was gay, holding that freedom of association outweighed the New Jersey anti-discrimination statute.protection against double jeopardy, self-incrimination, and punishment without the due process of law.

4. Boy Scouts of America V Dale

1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency TestRight to Bear Armsprotection against double jeopardy, self-incrimination, and punishment without the due process of law.The boy scouts were allowed to dismiss a leader after learning that he was gay, holding that freedom of association outweighed the New Jersey anti-discrimination statute.

5. Texas v Johnson 1989

1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency TestRight to Bear Armsprotection against double jeopardy, self-incrimination, and punishment without the due process of law.Struck down Texas law that banned flag burning, which is a protected form of symbolic speech.

6. Precedent

a law established by following earlier judicial decisions - you can uphold it, distinguish it, modify it, or overturn it.protection against double jeopardy, self-incrimination, and punishment without the due process of law.1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency TestRight to Bear Arms

7. Declaration of Independence

1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency TestThis document was adopted on July 4, 1776. It established the 13 American colonies as independent states, free from rule by Great Britain. Thomas Jefferson wrote the majority of this document.Right to Bear Armsprotection against double jeopardy, self-incrimination, and punishment without the due process of law.

8. 6 Methods of Constitutional Interpretation

1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Testprotection against double jeopardy, self-incrimination, and punishment without the due process of law.Right to Bear Arms1. Original Intent - what the framers wanted 2. Textualism - emphasis on what the constitution says 3. Original Meaning - puts things in a historical perspective 4. Precedents 5. Poling Jurisdictions - looking at US practices and international practices 6. Pragnatism - avoid bad consequences

9. Adamson V California 1947

protection against double jeopardy, self-incrimination, and punishment without the due process of law.Adamson refused to testify (5th amendment- self incrimination) prosecutor harped on his refusal to testify he claimed his rights were violated and they said they were but since it was in state court they couldn't do anything about it because 5th amendment rights do not extend to state courts.Right to Bear Arms1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Test

10. Original Jurisdiction

Right to Bear Arms1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency TestThe ability and authority to decide cases based on hearing testimony and viewing evidence, rather than on appeal.protection against double jeopardy, self-incrimination, and punishment without the due process of law.

11. Sixth Amendment

protection against double jeopardy, self-incrimination, and punishment without the due process of law.Right to Bear ArmsIt includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Test

12. Right of Association

the right to associate with others to promote political, economic, and other social causesprotection against double jeopardy, self-incrimination, and punishment without the due process of law.Right to Bear Arms1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Test

13. Articles of Confederation

this document, the nations first constitution, was adopted by the second continental congress in 1781 during the revolution. the document was limited because states held most of the power, and congress lacked the power to tax, regulate trade, or control coinageRight to Bear Armsprotection against double jeopardy, self-incrimination, and punishment without the due process of law.1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Test

14. Controversies over Judicial Review

1. Framer's Intent: Did the framer's intend for the courts to have judicial review? 2. Judicial Restraint: should the unelected courts defer to the elected parts of the government? they should because it's a govt by the people, for the people. 3. Democratic Checks: are there sufficient checks on the courts to prevent them from using judicial reviews in ways that are contradictory of the interest of the people? 4. Role of Courts in a Democratic Society: do they need the power of review to protect minority interest?protection against double jeopardy, self-incrimination, and punishment without the due process of law.Right to Bear Arms1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Test

15. Yates V United States 1957

Permissable to advocate the violent overthrow of the government in abstract, but not actually intice someone to do it. Difference between believing in something and urging itprotection against double jeopardy, self-incrimination, and punishment without the due process of law.Right to Bear Arms1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Test

16. United States v O'Brien 1968

Right to Bear Armsprotection against double jeopardy, self-incrimination, and punishment without the due process of law.1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Test1968 - Burned his draft card. Government Property. Ruled in favor of the Government. Convicted of 'Willful Frustration of Government Interests.' Brought about the Four Part Balance Test.

17. Role of Independent State Action

States given many rightsprotection against double jeopardy, self-incrimination, and punishment without the due process of law.Right to Bear Arms1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Test

18. Ninth Amendment

19. Stare Decision

let the decision stand.Right to Bear Arms1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Testprotection against double jeopardy, self-incrimination, and punishment without the due process of law.

20. Duncan V Louisiana 1968

protection against double jeopardy, self-incrimination, and punishment without the due process of law.1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency TestRight to Bear ArmsA crime carrying a 2 year sentence is sufficiently serious to require the right to a jury trial under the 6th amendment, as applied to the states by the 14th amendment. Supreme Court of Louisiana reversed and remanded

21. Judicial Restraint

1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency TestRight to Bear ArmsA judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures - more conservativeprotection against double jeopardy, self-incrimination, and punishment without the due process of law.

22. Gitlow v New York 1925

1925 - , Anarchist calling for overthrow of the government. Established precedent of federalizing Bill of Rights (applying them to States); States cannot deny freedom of speech - protected through due process clause of Amendment 141919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency TestRight to Bear Armsprotection against double jeopardy, self-incrimination, and punishment without the due process of law.

23. Mechanical Jurisprudence

process of judging as the objective, straight forward, application of existing and readily knowable laws to the established facts of the cases. 'law us stability, politics is chaos; law is reason, politics is prejudice'Right to Bear Arms1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Testprotection against double jeopardy, self-incrimination, and punishment without the due process of law.

24. Fourth Amendment

Right to Bear Armsprotection against double jeopardy, self-incrimination, and punishment without the due process of law.protects you from unreasonable search and seizure of your home and property1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Test

25. Tinker v Des Moines School District 1696

protection against double jeopardy, self-incrimination, and punishment without the due process of law.Right to Bear Arms1696 - black arm bands. Courts said that the students had the right to wear the bands under the First Amendment. Called it 'pure speech.' Weren't disruptive, so their conduct was protected. Can't prohibit the expression of an opinion.1919 Socialists threw leaflets from windows denouncing American intervention in Russia. ISSUE: Do the amendments to the Espionage Act or the application of those amendments in this case violate the free speech clause of the First Amendment? Ruled against the Russians. formulated the Bad Tendency Test

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25 Questions

❤ If you liked Fatskills, consider supporting us by checking out The Life Manuals You Never Got.

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All trademarks, logos and brand names are the property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, trademarks and brands does not imply endorsement.

About | Explore | User Guide | Topics | Subjects | Doubt Solver | Career Aptitude Test | Answers | Free Tools | What Should We Know?
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Without work one finishes nothing. - Ralph Waldo Emerson
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