CHAPTER 15-17

BY: CAM BUTLER

CORE VOCAB

Writ of Habeas Corpus: a court order to a person or agency holding someone in custody to deliver the imprisoned individual to the court issuing the order

Ex post facto law: a law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.

Bill of attainder: an act of legislature declaring a person guilty of some crime and punishing them, often without a trial

EXPLANATION OF CLAUSES

Due Process: Clause in the 5th amendment limiting the power of the national government

Establishment: Clause in the 1st amendment that states that congress shall make no law respecting an establishment of religion

Free Exercise: Clause in the 1st amendment that states that congress shall make no law prohibiting the free exercise of religion

FREEDOM OF SPEECH

Test to free speech? Free speech and the press are limited. Some speech is not entitled to protection.

Protected types of free speech? Freedom of Religion, Freedom of assembly and petition Limits on obscenity? The supreme court has permitted government regulation for the sale and distribution of obscene material

Fighting words? a limitation of the freedom of speech as protected by the 1st amendment to the U.S. constitution.

Hate speech? Hate speech is speech that offends, threatens, or insults groups based on race, color, religion, sex, or other traits. Of course this should be limited, but without taking away from an individuals rights. There must be a balance.

DO WE HAVE A RIGHT TO PRIVACY?

We do have a right to privacy and the 1st, 4th, 5th, and 14th amendments allow the supreme court to declare rules relating to privacy.

SUPREME COURT RULINGS IN REGARDS TO PRIVACY

  • Griswold v. Connecticut? The Supreme Court of the United States ruled that the Constitution protected a right to privacy.
  • Stanley v. Georgia? The Supreme Court decision that helped to establish an implied "right to privacy" in U.S. law, in the form of mere possession of obscene materials
  • Roe v. Wade? Supreme Court ruled a state law unconstitutional that banned abortions except to save the life of the mother because it violated the right to privacy.
  • Bowers v. Hardwick? The Supreme Court ruled that the Constitution does not protect the right of gay adults to engage in private, consensual sodomy.
  • Lawrence v. Texas? The Supreme Court ruled that state laws banning homosexual sodomy are unconstitutional as a violation of the right to privacy.
  • "THE FOUR STATES OF PRIVACY"

    1. Solitude? Being alone

    2. Intimacy? Right to choose a friend or partner

    3. Anonymity? Free from identification and supervision

    4. Reserve? Free to hold back information from others

    HOW DO YOU ACQUIRE AND LOSE CITIZENSHIP IN THE U.S.?

    Acquire? Green card naturalization, marry a U.S. citizen, join the military, or being born in the U.S.

    Lose? A U.S. citizen by birth or naturalization can lose their citizenship by committing a statutory act, or predecessor statute, but only if the act is performed voluntarily and with the intention of relinquishing U.S. citizenship.

    HOW DOES THE CONSTITUTION PROTECT PRIVATE PROPERTY? HOW DOES THE GOVERNMENT TAKE IT AWAY?

    The Fifth and the Fourteenth Amendments to the Constitution provide due process which are protections for “life, liberty and property.” The government has the right to take away our property using eminent domain. Eminent domain, by definition, is the right of a government or its agent to expropriate private property for public use, with payment of compensation.

    EXPLAIN THE NEED OF EQUALITY FOR THE CHICANO, ASIAN AMERICAN, AND NATIVE AMERICAN MOVEMENT

  • Chicano? a Chicano is a Mexican-American female who is raised in the United States. Chicano has minority status in her own land even though she is indigenous to the Americas and in one of the largest ethnic groups in the US. She is a woman whose life is very often characterized by poverty, racism, and sexism. They strive for equality.
  • Asian American? This movement was driven largely by student activists radicalized by anti-Vietnam war and black power movements. Challenging stereotypes about Asian passivity, and rejecting the exoticism and racism of original labels. The Asian Coalition for Equality is a huge activist for equality for these people.
  • Native American? This movement focused on unemployment, slum housing, and racism amongst the Native Americans. The Native American civil rights movement grew during the 1960s. They certainly fought hard for equality.