Right to Trial
What is the right to a speedy trial, jury trial, public trial, and fair trial?
The 6th amendment provides strict guidelines for trial proceedings
Individuals accused of crimes have the right to a speedy trial
Equal Protection and Discrimination Concepts
Is all discrimination in legislation impermissible? Why or why not?
All legislation, no matter the source, discriminates in some form or another
because it appeals to a certain group and disfavors another gr
Freedom of Press Censorship and Prior Restraint
What, if anything, is different between Freedom of the Press, and Freedom of Speech?
The rights of speech and religion would be meaningless without freedom of the
Freedom of the press allows us th
Gender and Other Discrimination
What is the scrutiny standard used by the Supreme Court in the Gender Discrimination
cases? Did it change over time? If so, how?
The scrutiny standard used for Gender Discrimination is Heightened scrutiny
This is the s
Crime and Punishment
What is the crime control model?
The crime control model is one way of viewing the criminal justice system
Supported by Rehnquist
Believes that the purpose of the criminal justice system is to
protect persons and property
Equal Protection Remedies
What is Affirmative Action?
Affirmative Action programs generally take one of two approaches to reducing
the effects of past discrimination
They provide preference for historically disadvantaged groups such as
women and racial
Freedom of Religion: Free Exercise
What are the two parts to the First Amendment that deal with religion?
The European war between Catholics and Protestants left Europe very poor; our
framers new this struggle and the first amendment was intended to se
Judicial Review and the Role of the Supreme Court
What is judicial review? What case established the principle of judicial review?
Judicial review is the courts power to rule on the constitutionality of cases
Originally, the framers did not realize tha
Self-Incrimination and Right to Counsel
What is the reasoning of Miranda and Escobedo?
Escobedo v. Illinois
Escobedo was arrested for the murder of his brother in law.
They tried to interrogate him, but on the advice of his lawyer,
Escobedo refuse to m
Freedom of Speech Clear and Present Danger Test
Why is Freedom of Speech a preferred freedom?
Free speech is important because
It is essential advance knowledge and truth
It is essential for participation in decision making by all members of
To what level of government did the framers intend the Bill of Rights to apply?
The Bill of Rights was an add on to the federal U.S. Constitution and every state
had its own constitution
The constitution deals with government structures
Voting and Representation
What is the 15th Amendment? Why is it important?
The 15th amendment prohibits the state and federal government from prohibiting
a person to vote based on race, color, or previous condition
This is important because for years
Supreme Court Decision-making Models
What do we mean by the legal model, the attitudinal model, and the separation of
See the descriptions in the first question
What is originalism, and what is meant by a textual approach to constitution
Substantive Due Process and Right to Contract and Right to Privacy
What is substantive due process? Where does it come from? Is it justifiable, if so why?
Right to privacy is a form of substantive due process
The constitution does not have a right to
The Second Amendment
What are the differing interpretations of the Second Amendment?
Emphasis on the first half of the amendment
Guarantees only a collective right of the states to arm their militias, not
individual right to own firearms unless it is