government final review final: 10:50-12:20 on wednesday, january 13 th (then you are done!)

Government Final ReviewFinal: 10:50-12:20 on Wednesday, January 13th

(then you are done!)

Things to focus on as we review

The Bill of Rights (obviously)What each amendment says Americans can and cannot do

Know the exceptions to each amendmentFor example, Americans have free speech except when it is a threat or obscene, etc.

The Supreme Court casesWhat each case said about American’s rights

First Amendment

Freedom of ReligionFirst Amendment

Freedom of religionEstablishment clause

Government cannot endorse or support one religionSchools

Engel v. VitaleEvolution

Public displays

Free exercise clauseGovernment cannot stop someone from practicing, or exercising, their religionPolygamySeventh-Day AdventistsAmishDrugs

Employment Division of SmithP. 116

Government Final ReviewFinal: 1:00-2:20 on Wednesday, January 13th

(then you are done!)

Freedom of SpeechFirst Amendment

What is speech?

Should hate speech be protected?Key Questions

Free speechPrior restraint: government action preventing material from being published

Near v. Minnesota

Classified material: WikileaksClear and present danger test: Schenck v. United States

Basically the government could limit speech that is dangerous

Free speechObscenity

Should people be able to publish whatever they want? Or show whatever they want?Supreme Court ruled that the government can limit speech that is ruled obsceneObscene: “Offensive sexual conduct that has no literary or artistic value” Example: p. 121

Symbolic Speech

Texas v. Johnson: Burning a flag is speech and is protectedVietnam War: Wearing an armband in protest is speech, and is protected

Libel v. SlanderLibel

Written defamation

Example: “Burn Book” from Mean GirlsGossip magazinesExample: p. 123

SlanderSpoken defamation

Hard to prove: 1. The person who said it knew it was untrue when they said it2. They were purposefully trying to harm the victim

Other examples of limited or protected

speechCommercial speech: AdvertisingExample: Papa Johns: “Better ingredients, better pizza”Speech on TV or radio or Internet is regulatedCampaigning: Donating money is free speechAs a result, government cannot limit campaign donations by individuals

Freedom of AssemblyMeant to allow people to protest Exceptions: People cannot just protest anywhere, anytimeShould harassment be allowed?Example: Westboro Baptist ChurchExample: p. 128

Right to bear arms2nd amendment

What does “arms” mean? Does it mean automatic weapons? Assault rifles? Bazookas?Key Questions

LimitationsConcealed weaponsMentally ill/felonsSensitive places“Dangerous weapons” not used in self-defense

Assault weapons

Government Final ReviewFinal: 1:00-2:20 on Wednesday, January 13th

(then you are done!)

Stages of the Justice System

Criminal Justice SystemCrime

Prosecution

Arrest

Trial

Verdict

Defendant’s Rights4th Amendment

Unreasonable searches and seizures

Must have eitherA. Probable causeB. Search warrant

If evidence is obtained illegally, evidence cannot be used in courtThis is called the exclusionary rule

Mapp v. Ohio

P. 133

5th AmendmentSelf-incrimination

Cannot force someone to testify against themselves

Miranda v. ArizonaErnesto Miranda

Right to remain silentWhat you can say can be held against youYou have a right to an attorney, if you cannot afford one then one will be provided to you

Ernesto Miranda raped and kidnapped an 18 year-old girlAdmitted to the crime during police questioningMiranda Rights

Must be read to someone once they are arrested

Sixth AmendmentPlea bargaining

A deal between the defendant and prosecutor where defendant pleads guilty 90% of all cases are plea bargained

Right to an attorney (counsel)Right to a speedy, and public trial Entrapment: Police cannot trick people into committing a crime

P. 136

Cruel and Unusual Punishment

8th amendmentNo tortureP. 139

Key question: Is the death penalty cruel and unusual punishment?

Supreme Court has ruled no, but it is changing….

Right to PrivacyConstitution does not talk about right to privacyKey Question: Should people have the right to do what they want to do with their own bodies?

Roe v. Wade: Women have the right to have an abortion because of their right to privacy

Final Review Vocab and Supreme Court Cases

Civil RightsVocab

Civil LibertiesVocab

13th AmendmentVocab

14th AmendmentVocab

15th AmendmentVocab

suffrageVocab

Poll taxesVocab

24th AmendmentVocab

19th Amendment (hint: suffrage)Vocab

Americans with Disabilities ActVocab

Affirmative ActionVocab

Affirmative ActionVocab

Bill of RightsVocab

1st AmendmentVocab

2nd AmendmentVocab

3rd AmendmentVocab

4th AmendmentVocab

5th AmendmentVocab

6th AmendmentVocab

7th AmendmentVocab

8th AmendmentVocab

9th AmendmentVocab

10th AmendmentVocab

Establishment clause (hint: religion)Vocab

Free exercise clause (hint: religion)Vocab

Prior restraint (hint: freedom of the press)Vocab

LibelVocab

SlanderVocab

Symbolic speech (give example)Vocab

Probable causeVocab

Search warrantVocab

Exclusionary RuleVocab

Plea BargainVocab

Cruel and unusual punishmentVocab

Scott v. SandfordSupreme Court Cases

Plessy v. FergusonSupreme Court Cases

Brown v. Board of EducationSupreme Court Cases

Brown v. Board of EducationSupreme Court Cases

Good news!No homework