Civics and Economics Honors - Unit #5 Quiz

Relative

In the US, Civil and Criminal rights are considered...

Absolute

In the US, Natural Rights are considered...

Civil Law

Deals with the private rights of the citizens

Criminal Law

Deals with the social contract and the rights of society

Liability

Civil Law is based on a plaintiff suing a defendant for...

Guilt

Criminal Law is based on a government indicting a defendant with...

Tort

Violation of Civil Law

Monetary Payment and/or Injunction

Punishment for Civil Law

Crime

Violation of Criminal Law

Loss of Liberty and Life

Punishment for Criminal Law

Penal

Punishment is also called...

Injunction

court order to cease an activity

a listing of negative liberties

The Bill of Rights is called...

Amendments 1-8

Specific Civil and Criminal Protections from the Federal Government

Amendment 9

Unenumerated Rights - The right to potential additional rights in the future

Amendment 10

Reserved Powers for the States

Amendment 14

A guarantee of due process protection from STATE government

Due Process

The fair legal procedures government must follow when dealing with its citizens

Reasonable Person Standard

the standard that the US Courts use

Incorportation

applying the bill of rights to the state government

Gitlow v New York - 1920

1st Incorporation Case over Free Speech

Honorary Member

the 14th Amendment is considered a ___ ___ of the Bill of Rights

5 Basic Freedoms

How many freedoms are covered in the 1st Amendment?

Freedom of Religion

The First Freedom of the First Amendment is...

Freedom of AND from religion

Specifically the 1st Amendment covers...

Secular

Non-religious

The Establishment Clause

Congress shall make no law respecting an establishment of religion

The Free Exercise Clause

Nor prohibiting the free exercise there off

No Mandatory National Religion

Original Intent of the Establishment Clause

Separation of Church and State

Today's SCOTUS Interpretation of the Establishment Clause

Church

any religious expression

State

any area paid for by tax payer dollars

Natural Law based Religion

Original Intent of the Free Exercise Clause

Any Belief System

Today's SCOTUS Interpretation of the Free Exercise Clause

Precedent

legal 1st which sets the standard for future cases

Public Education

A plurality of SCOTUS cases regarding religion have involved...

Ye Olde Deluder Satan Act

the 1st law that required public education for religious instruction

Northwest Ordinance

Governed the territories before they became states for purposes of "Knowledge and Religion/Morality"

Everson v Board of Education - 1947

Established the modern separation of church and state

Engel v Vitale

SCOTUS ruled that the reading of a nondenominational and voluntary prayer at the beginning of a public school day violated the Establishment clause

Abington School District v Schempp

SCOTUS ruled that Bible reading as part of the school day violated the Establishment Clause

Academic Purpose and Student Discretion

Abington School District v Schempp EXECPTIONS

Lemon v Kurtzman

Established the "Excessive Entanglement Standard" regarding the Government and Religion

Excessive Entanglement Standard

• Gov Involvement must have a secular purpose

• Gov Involvement must not help or hinder religion

• Gov and Religion must not excessively entangle

Wisconsin v Yoder

SCOTUS ruled that state mandated compulsory attendance laws for public education violated the Free Exercise Clause

Stone v Graham

SCOTUS ruled that the posting of the 10 commandments in public schools violated the Establishment Clause

Van Orden v Perry

The 10 Commandments may be posted in public courthouses due to historical context

Wallace v Jaffree

SCOTUS ruled that moments of silence in public schools violate the Establishment Clause - if they suggest the use of prayer

Westside v Mergens

SCOTUS ruled that public school bans before/after hours bible clubs violate the Free Exercise Clause

Equal Access Act

Bans discrimination in public schools on religion and politics

Lee v Weisman

SCOTUS ruled that prayer at graduation ceremonies violates the Establishment Clause - UNLESS it is student led

Santa Fe School District v Doe

SCOTUS Ruled that loudspeaker prayer at public school events violated the Establishment Clause - unless it is student-led and student-initiated

Zelman v Simmons

SCOTUS ruled that tax vouchers are constitutional payments for private religious school tuition

Greece, NY v Galloway

SCOTUS upheld the right of inmates to violate prison dress codes in the name of religious expression

Cutter v Wilkinson

SCOTUS upholds prisoner rights to practice Satanism

Kennedy v Bremerton School District

SCOTUS upheld the right of public school sports coaches to lead their teams in prayer on the field of play after coaching

Epperson v Arkansas

SCOTUS denies state to not teach Evolution

Edwards v Agiullara

SCOTUS says the state cannot be required to teach creationism AND evolution