American Gov Exam 3

What is “accommodationism”?

The view, often endorsed by conservative Supreme Court justices, that the Establishment Clause of the First Amendment of the U.S. Constitution does not mandate the separation of church and state. Instead, government may, and perhaps should, accommodate religion so long as it does not compel activity or show preferential treatment.

What was the “belief-action” framework?

suggests that organizational behaviors are an outcome of belief and action formation on a macro and a micro level

There are two phases in the Sherbert Test. Which questions are asked are in each phase?

1. the person has a claim involving a sincere religious belief, and 2. the government action is an actual burden on the person’s ability to act on that belief.

What is strict scrutiny? What does it have to do with the Sherbert Test?

Strict scrutiny is the label given to the most stringent approach taken by courts when reviewing potentially unconstitutional government actions.

What does strict scrutiny have to do with the Sherbert Test?

When courts apply strict scrutiny through Phase 2 of the Sherbert Test, the questions are specifically whether - the government interference with religious practice is the result of pursuing a compelling government interest and - there is a way for government to pursue the compelling government interest that would have placed less of a burden on the free exercise of religion.

What act of Congress requires the federal government to pass the Sherbert Test whenever it passes laws or enacts policies that infringe on religious activities?

the Religious Freedom Restoration Act (RFRA)

A baseline rule of the Supreme Court’s approach to the freedom of expression is...

that government may not (with a few clearly defined exceptions) enact “content-based restrictions” on expression (especially if the expression is political).

What does Oliver Wendell Holmes’ notion of a “marketplace of ideas” have to do with the Court’s insistence that content-based restrictions are almost always in violation of the constitutional right to free expression?

The textbook discusses two forms of expression that are protected by the U.S. Constitution (as interpreted by the U.S. Supreme Court) but that are not constitutionally protected in other democratic countries. What are those two forms of expression?

Hate Speech and Spending money on political campaigns.

What does it mean to say the First Amendment allows for content-neutral “time, place, and manner” regulations of expressive activities.

because they are based on reasonable concerns about the safety and wellbeing of the community and, most importantly, they are not directed at any particular speaker or message

According to the Supreme Court, which of the following forms of expression are entitled to less First Amendment protection than ordinary forms of political expression:

- student speech - Speech Promoting, and Likely to Incite or Produce, “Imminent Lawless Action” - Fighting Words - Defamation (Libel and Slander)

What is the “actual malice standard” and what is its relevance for speech that allegedly defames public figures?

used for determining whether defamatory statements made about elected officials or other public figures are protected by the First Amendment. By this standard, for someone to be legally liable for a defamation suit, it must be proven not merely that they made a false statement, but, rather, that they knew the statement was false or demonstrated reckless disregard for the truth in making the statement

Is it liberals or is it conservatives who tend to favor gun rights more than gun control?

liberals

How do proponents of gun rights differ from proponents of gun control in how they interpret the Second Amendment?

According to 21st century U.S. Supreme Court decisions, does the Second Amendment protect a right for individuals to own firearms for self-defense? Or does it only protect the right for persons to own guns for purposes of serving in a “well-regulated militia”?

the Second Amendment protects an individual person’s right to own a firearm for self-defense

Has the U.S. Supreme Court incorporated the Second Amendment under the Due Process Clause of the 14th Amendment?

Civil liberties pertaining to criminal justice establish rules and procedures that...

the executive and judicial branches must follow when investigating, accusing, convicting, and punishing criminal suspects and convicts.

What, according to the textbook, is the purpose (or “aim”) of these rules and procedures?

This means, among other things, that the Establishment Clause prohibits Congress from passing laws requiring people to attend or pay money to a religious institution (like the Church of England)

Generally speaking, how do liberals and conservatives tend to differ in how they interpret civil liberties pertaining to the criminal justice system?

Liberals tend to be more concerned with protecting rights of criminal suspects and convicts, Conservatives tend to be more concerned with the empowerment of the enforcement.

Why, according to the textbook, is the incorporation of criminal justice rights under the 14th Amendment “especially important”?

Most law enforcement activities are conducted by state and local police departments and most criminal trials take place in state courts and pertain to state criminal laws.

What, according to the textbook, is “the primary purpose” of the 4th Amendment?

To protect citizens from unjustified government interference when searching for evidence.

What is the exclusionary rule?

Rule that if government acquires evidence through unconstitutional methods, then the evidence may not be admitted into court.

What is exclusionary rule purpose?

if government seizes evidence through an unconstitutional search, then the evidence may not be admitted into court.

Why are a growing number of constitutional scholars, lawyers and judges questioning exclusionary rule wisdom?

because it "allows" a guilty person to escape punishment simply because police did not follow proper procedures when gathering evidence.

What did the Supreme Court declare about the right of self-incrimination in Miranda v. Arizona (1966)? Specifically, according to the Court in Miranda, what must police tell criminal suspects before they question them? Relatedly, what are “Miranda warnings”?

declared that when a suspect is held in custody, the environment can be psychologically coercive even if not physically abusive, and this can lead suspects to provide self-incriminating evidence against their will.

If someone goes a full year after being charged with a crime before having a trial, would this necessarily result in charges being dropped on account of the person being deprived of their right to a speedy trial?

no

The Sixth Amendment provides...

six separate rights, all of which pertain to defendants in criminal trials.

According to the Supreme Court, what exactly is required by the 6th Amendment command that criminal trials must be by an “impartial jury”?

The defendant must have access to a lawyer (and have one provided if necessary), be confronted with witnesses against him/her, and be able to subpoena witnesses to testify in one's favor

What did the Supreme Court declare about the 6th Amendment right to an attorney in Gideon v. Wainwright (1963)? What specific impact (discussed by the textbook) did this decision have on the criminal justice system?

Required an attorney be present for any criminal defendant who requests one.

According to the Supreme Court, in what specific circumstances does the Eighth Amendment not allow imposing the death penalty?

most notably those who are under the age of 18 at the time of the alleged murder, or who are unable to rationally understand the reasons for their execution due to insanity,* dementia,* or being significantly intellectually disabled

In Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), the Supreme Court held that the Fourteenth Amendment Due Process Clause protects an unenumerated constitutional right to privacy that include the right of a woman to choose to have an abortion. What did the Supreme Court declare about the constitutional right to choose to have an abortion in Dobbs v. Jackson Women’s Health (2022)? As a result, abortion laws are now determined primarily by what level of government (federal or state)?

The Court ruled that the Constitution does not protect abortion rights and that the states may regulate abortion however they choose. As a result, it is now determined by state level.

On what ground did the U.S. Supreme Court, in Lawrence v. Texas (2003), declare unconstitutional a Texas statute that made it a crime to engage in sodomy “with another individual of the same sex.”

Due Process Clause of the Fourteenth Amendment is violated when laws seek to regulate sexual activity engaged in by consenting adults.

According to the U.S. Supreme Court, what part of the U.S. Constitution is violated if state or local governments deprive same sex couples of the right to marry?

Due Process Clause of the 14th Amendment when laws seek to regulate sexual activity engaged by consenting adults.

Specifically, according to the Court in Miranda, what must police tell criminal suspects before they question them? Relatedly, what are “Miranda warnings”?

requires police to inform all suspects of their right to remain silent and to have an attorney (who, presumably, could advise them to remain silent)