civil liberties & freedoms of…
fundamental rights and freedoms guaranteed by the Constitution - Bill of rights
freedom of speech, religion, assembly, and the press
Brandenburg v Ohio
about, ruling, significance
about- Brandenburg (kkk leader) - media recorded his saying revengance -
ruling- cannot be criminally punished for his words. wasn’t a true treat and wouldn’t incite violence
significance - government can rarely punish speech. political speech = highly protected, offensive is not illegal
Exclusionary rule
evidence obtained during illegal search cannot be used in a trial
ex- obtained w/o proper warrant
Miranda rule
police must inform suspects of their Miranda rights when arrested before anything can be used in trial
Gideon v Wainwright
constitution guarantees legal representation for those accused of serious crimes
- if prison time possible
- provided lawyer if can’t afford one
differences b/w the House of Representatives and the Senate
lengths of term, # representing each state, constituency
- house (a section of state, district) - term 2 years, 435 people,
- senate (entire state) - 100 people, each state has 2
delegate
following public opinion
- don’t have their own views
- guided by the people they represent
trustee
- rely on their own ideas and knowledge when making decisions
- decide for themselves what is in people’s best interest
- don’t focus on public opinion
veto
formal refusal to approve something
veto override
Congress can override a veto (bill becomes a law even though it was vetoed)
- need 2/3 vote in both house & senate
oversight
monitoring/supervising the executive branch and other government agencies
purpose- ensure that the gov is working effectively, transparently, and w/in the law
roe v wade
US constitution right to privacy protects a woman’s right to choose to have an abortion
dobbs v jackson
us consititution doesn’t give a right to abortion
expressed powers
a power given to a gov branch, like the US federal government,
implied powers
powers not stated in the U.S. Constitution
going public
a strategy often used by presidents to try to increase their presidents to try to increase thrit popularity, pressure congress
what is criminal law? what is civil law?
- criminal law = heard in state court: prison sentence, supervision by gov, fines paid to gov
- civil cases = disputes b/w individuals, groups, companies, gov, paid person to person
what is a plea bargain? common?
accused person pleads guilty to a certain offense
less serious than what they are accused of committing
what is judicial review?
- review actions of other branches or other parts of gov
- can declare actions invalid based on court’s interpretation of law and constitution
what is a writ of certiorari
asks Supreme Court to review/overturn a lower court’s ruling
- only if at least 4 want to hear it
opinion and dissenting opinion in context of US Supreme Court
- opinion- explains ruling, establishes precedent
- dissenting- justices who disagree write their arguments
judicial activism
says courts should play an active role in shaping policy and correcting injustices
- overturn laws or precedents
- challenge other branches
judicial restraint
says courts should
- defer to elected branches (Congress and the president)
- uphold existing laws and precedents whenever possible
political ideology and partisanship
