Objective 1: Explain the guarantees of civil liberties in the Constitution and the process by which these guarantees became

binding on state governments. 1. Summarize the protections guaranteed by the Bill of Rights. a. Freedom of expression b. Rights of the accused c. Religion d. Bear arms e. Civil liberties 2. What other protections are guaranteed by the Constitution in addition to those found in the Bill of Rights? a. Habeas corpus b. Ex post facto 3. Why did the Federalists believe that a Bill of Rights was unnecessary? a. The felt that the articles of the Constitution contained specific guarantees of liberty b. States already had bill of rights c. It was risky i. If rights were specified, then other unspecified actions wouldnt be considered rights 4. Explain the incorporation process. a. Originally the bill of rights was thought to only be applied to federal action b. It was applied to the states through the 14th amendment c. It is done by selective incorporation 5. What is meant by selective incorporation? a. The process by which protections in the Bill of Rights were gradually applied to the states, as the Supreme Court issued decisions on specific aspects of the Bill of Rights 6. What is meant by denationalization? a. Reduced federal protection in certain topic areas that allows states more freedom in their policies b. Ex. Abortion rights Objective 2: Describe the different standards by which the Supreme Court has determined whether restrictions on freedom of speech are acceptable. 1. Explain the Supreme Courts position on hate speech. a. Is protected as long as it is not designed to intimidate and make specific targets fear for their life 2. Differentiate between the presumed reasonableness standard, the clear and present danger standard, the gravity of the danger standard, and the preferred position standard. a. Prior restraint: government intervention to prevent the publication of material it finds objectionable

b. Bad tendency standard: a free speech standard which took as its starting point a presumption that the government restrictions on speech were reasonable and constitutions, thus leaving the burden of proof to those who objected to the restriction c. Clear and present danger standard: used in free speech cases, this standard permitted government restrictions on speech if public officials believed that allowing the speech created a risk that some prohibited action would result from the speech d. Gravity of the danger standard: a free speech standard in which the supreme court allowed restrictions on speech if the danger espoused by the speech was sufficiently evil, even if unlikely to occur e. Preferred position: idea endorsed by the supreme court that protections of first amendment rights predominates over other rights 3. Which categories of speech are regularly protected by the Supreme Court, and which categories can generally be restricted? a. Restricted: i. Fighting words ii. Defamation iii. Commercial speech iv. Student speech v. Obscenity vi. Libel vii. slander Objective 3: Explain how the Supreme Court has interpreted cases regarding government establishment of religion and cases concerning the right of individuals to practice their faith, and how Congress has reacted to the Courts actions. 1. Explain the establishment clause and the free exercise clause found in the First Amendment. a. Establishment clause: federal government cannot establish an official religion, preferring non religion over religion, or treating one religion better than another b. Free exercise clause: prohibits government from interfering with individuals practice of their religion 2. How does the Supreme Court use the Lemon test to decide cases regarding the establishment clause? a. Three part test that states that, to be constitutional, a government action must have a plausible nonreligious purpose, its primary or principal effect must neither advance nor inhibit religion, and it must not foster excessive government entanglement with religion 3. Which three major issues currently test the establishment clause? How has the Supreme Court ruled regarding these issues? a. School prayer: against b. Public religious displays: for/against depends on establishment c. Faith-based initiatives: for 4. Explain the balancing test.

a. In free exercise of religion cases, two part test first dete3rmines whether a government action or law was a burden on religious practice and. If it was, whether a compelling government interest was at stake that would make the burden constitutionally acceptable 5. How did Congress respond to protest over the Supreme Courts neutrality standard in free exercise cases? a. Responded with legislation b. Religious Freedom Restoration Act i. Meant that balancing, not neutrality, was needed to judge religion cases c. Religious Land Use and Institutionalized Persons Act of 2000 i. Used its power of fiscal federalism: WANT FEDERAL FUNDING? USE THE BALANCE TEST! Objective 4: Discuss the expansion since the 1960s in the rights accorded to those accused of crimes, and how the Supreme Court has attempted to balance the rights of defendants with the need for police and prosecutors to investigate potential criminal activity. 1. Explain the Fourth Amendments protection from unreasonable search and seizure. a. Framers feared that investigators would be overzealous in their efforts to unearth damaging information so the 4th amendment protects against this 2. How has the Supreme Court interpreted the Fourth Amendments protection from unreasonable search and seizure? a. Search and seizure must be done with a warrant b. Must have probable cause 3. Explain the exclusionary rule. a. Principle established by the Supreme Court according to which evidence gathered illegally cannot be introduced into trial. And convictions cannot be based on this evidence 4. How do the Supreme Courts decisions in Miranda v. Arizona and Gideon v. Wainwright provide protections for individuals accused of a crime? a. Miranda: requires police to inform the arrested that they have rights including the right to remain silent and to get an attorney b. Wainwright: provide counsel to all, even those who cannot afford it 5. Explain the 8th Amendments protection from cruel and unusual punishment. a. Death is allowed 6. How does the Supreme Court regulate capital punishment? a. Prohibits capital punishment for rape, no cap. Punishment for mentally disabled, no life without parole sentence for minors Objective 5: Describe the methods by which participants in judicial proceedings have attempted to establish that Americans have rights other than those specically listed in the Constitution.

1. How do lawyers and the Supreme Court use the Ninth and Fourteenth Amendments to identify new rights that are not specically listed in the Constitution? a. 9th amendment states that rights not mentioned in the constitution are reserved to the people b. 14th amendment due process clause 2. How has the Supreme Court used the Ninth Amendment to discover the right to privacy, specically with regard to birth control, abortion, and sexual activity? a. Privacy for couples: Griswold v. Connecticut b. Abortion: Roe v. Wade c. Homosexuals: Lawrence v. Texas 3. How is substantive due process used to discover new rights? a. An interpretation of the due process clause in the 14th amendment that says the clauses guarantee of life, liberty, and property provides a means to discover new rights not mentioned anywhere else in the Constitution and that these rights would exist at both the national and state levels of government

Objective 6: Identify & describe the following key terms presented in Chapter 5 Identify and describe: Balancing test Civil liberties Clear and present danger standard Due process Establishment clause Exclusionary rule Free exercise clause . Gravity of the danger standard Incorporation process Lemon test Miranda warning Neutrality test Preferred position

Prior restraint Selective incorporation Standard of presumed reasonableness Substantive due process