Which of the following rights has the Supreme Court interpreted as protected by the Second Amendment quizlet?

1. Social Science
2. Political Science
3. Politics of the United States

Terms in this set (14)

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1. Social Science
2. Political Science
3. Politics of the United States

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Terms in this set (24)

1. The Bill of Rights was added to the Constitution bc________

key states refused to ratify the Constitution
unless it was added

2. An example of a right explicitly protected by
the Constitution as drafted at the Constitutional
Convention is the ________

right to a writ of habeas corpus

3. The Fourteenth Amendment was critically
important for civil liberties because it ________.

helped start the process of selective
incorporation of the Bill of Rights

4. Briefly explain the difference between civil
liberties and civil rights

civil liberties- limitations on the power of govt, designed to ensure personal freedoms
civil rights- guarentees of equal treatment by govt authorities

5. Briefly explain the concept of selective incorporation, and why it became necessary.

Selective incorporation - the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government
-it be came important when states did not recognize parts of the constitution

6. First Amendment

right to
- peaceably assemble
- free speech
- protection of freedom of religion

7. 2nd amendment

right to keep and bare arms

third amendment

forming part of a broader conception of privacy in the home that is also protected
by the Second and Fourth Amendments
Right to not house soldiers during time of war

4th amendment

-Right to be secure from unreasonable search and seizure
(requires a warrant, however, it does not apply when there is a serious risk that evidence will be destroyed before a warrant can be issued

Explain the difference between the establishment clause and the free exercise clause, and explain how these two clauses work together to guarantee religious freedoms

establishment clause- provision of the First Amendment that prohibits the government from
endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

free exercise clause- the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

- free exercise clause on the surface allows ppl to practice religion
- establishment clause more specifically doesnt let govt descriminate certain religions

10. Explain the difference between the collective rights and individual rights views of the Second Amendment. Which of these views did the Supreme Court's decision in District of Columbia v. Heller reflect?

-at least some gun control laws did violate the Second Amendment and that this amendment does protect an
individual's right to keep and bear arms, at least in some circumstances—in particular, "for traditionally
lawful purposes, such as self-defense within the home

District of Columbia v. Heller- the Second Amendment guarantees an individual right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home.

11. The Supreme Court case known as Kelo v. City of New London was controversial because it

allowed greater use of the power of eminent domain (right of govt or its agent to expropriate private property for public use, with payment of compensation)
-led to a public backlash against the use of eminent domain and legal changes
in many states, making it harder for cities to take property from one private party and give it to another for economic redevelopment purposes

5th amendment

rights in criminal cases, including due process and indictment by grand jury for capital crimes, as well as the right not to terstify against oneself

6th amendment

right to a speedy trial by an impartial jury
- also the right to cross-examine witness in a trial

The double jeopardy rule in the Bill of Rights forbids which of the following?

none of these options;
it FORBIDS prosecution pursued twice at the same level of government for the same criminal
action
ppl cant be punished twice for the same crime

The Supreme Court has decided that the
death penalty ______

may not be applied to those who wereunder 18 when they committed a crime

Explain why someone accused of a crime might negotiate a plea bargain rather than exercising the right to a trial by jury

perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial

Explain the difference between a criminal case and a civil case.

criminal case- one that affects the general public
civil case- affects 2 or more parties

Which of the following rights is not explicitly protected by some state constitutions?

-the right to polygamous marriage (marriage to many spouses)

these rights are explicitly protected by some state constitutions

right to
-hunt
- privacy
-free public education

The right to privacy has been controversial for
all the following reasons

- it has been interpreted to protect women's right to have an abortion

-it has been used to overturn laws that have substantial public support

-most U.S. citizens today believe the government should be allowed to outlaw birth control

-(EXCEPT) it is not explicitly included in the Constitution or Bill of Rights

Which of the following rules has the Supreme Court said is an "undue burden" on the right to have an abortion?

Women must notify their spouses before having an abortion

A major difference between most European countries and the United States today is ______

laws in Europe more strictly regulate how government officials can use tracking technology

Explain the difference between a right listed in the Bill of Rights and a common-law right

rights from the bill of rights are defined in the constitution where as a common law right is a right of the people rooted in legal tradition and past court rulings, rather than the Constitution

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What Rights are protected by the Second Amendment quizlet?

In which case did the Supreme Court apply Second Amendment protections to the states?

Has the US Supreme Court incorporated the Second Amendment under the due process clause of the 14th Amendment quizlet?

Which of the following is protected by the First Amendment?