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Semester 1 Exam Study Guide
Transcript of Semester 1 Exam Study Guide
-Public Policies: All the things a government decides to do. ex- taxation, defense, education, crime, healthcare, civil rights
A. Dictatorship: Ultimate responsibility for the exercise of these powers may be held by a single person or by a small group.
B. Democracy: responsibility for the exercise of these powers rests with the majority of people. Three Branches A. Legislative Power- Power to make law and to frame public policies
B. Executive Power: Power to execute, enforce and administer law
C. Judicial power: The power to interpret laws, to determine their meaning, and to settle disputes that arise within the society. Four Characteristics of a State A. population- people
B. Territory- land
C. Sovereignty- supreme and absolute power
D. Government- politically organized Four Theories of Power A. The Force Theory- came about from force
B. Evolutionary Theory- developed naturally
C. Divine Right Theory- God created, gave people divine power
D. Social Contract Theory- arose out of voluntary act for free people Purposes of Government 1. Form a More Perfect Union- In union there if strength
2. Establish Justice- Have reasonable laws
3. Insure Domestic Tranquility- Keep the peace at home
4. Provide for the Common Defense- Nation's defense and foreign policies
5. Promote General Welfare- benefits- schools, pollution control
6. Secure the Blessings of Liberty- Freedom and protection of rights. Classifying Government 1. Who can participate in governing process?
2. Geographic distribution of government power within the state.
3. Relationship between the legislative and executive branches of government.
republic, representative democracy,democracy, republican
1. Oligarchy: Power held by small group of self appointed elite.
2. Autocracy: Single person holds unlimited power. Geographic Distribution of Power A. Unitary Government: Centralized government, power held by the government belong to a single, central agency
B. Federal Government: Powers of a Government are divided between a central government and several local governments
C. Confederate: Alliance of independent states, central government only handles what states assign to it. Relationship Between Legislative and Executive (Presidential/ Parliament) A. Presidential: 2 branches are separate, independent of one another, and coequal
B. Parliamentary: Executive- Prime Minister or premier and officials cabinet; Prime Minister and Cabinet- Part of legislature, or Parliament. Foundations -Worth of Individual: Each individual is a separate and distinct being
-Equality of all Persons: All men are created equal
-Majority Rule, Minority Rights: Majority Rule must always recognize the right of any minority to become, by fair and lawful means, the majority
-Necessity of Compromise: It is a matter of compromise in order to find the position most acceptable to the largest number.
-Individual Freedom: The individual must be as free to do as he or she pleases as far as the freedom of all will allow. Democracy and Free Enterprise System How the system works- Law of Supply and Demand: When supplies of goods and services become plentiful, prices tend to drop. When supplies become scarcer, prices tend to rise.
Government and the Free Enterprise
A. Government's participation in the economy can be seen at every level in the economy serves two purposes- 1. To protect the public 2. To preserve private entersprise Democracy and the Internet Internet can be used to:
A. Check websites for political candidates
B. Discover what's happening in Congress
C. Read the most recent Supreme Court Decisions Basic Concepts of Government -Ordered Government: orderly regulation of their relationships with one another. Ex. Sheriff, Coroner, Assessor
-Limited Government: Government is restricted in what they do, and each individual has certain rights that government cannot take away.
-Representative Government: Government should serve the will of the people. "Government of, by, and for the people" Landmark English Documents Magna Carta: Great Charter forced upon King John of England by his barons in 1215; established that the power of the monarchy was not absolute and guaranteed trial by jury and due process of law to the nobility
Petition of Rights: Document prepared by Parliament and signed by King Charles I of England in 1628; challenged the idea of the divine right of kings and declared that even the monarch was subject to the laws of the land
English Bill of Rights: Document written by Parliament and agreed on by William and Mary of England in 1689, designed to prevent abuse of power by English monarchs; forms the basis for much in American government and politics today. British Colonial Policies -Colonies = large measure of self-government
-London responsible for colonial defense and foreign affairs
-London provided a uniform system of money and credit and a common market
-Regulations were ignored
-In 1760, trading acts were expanded and enforced
-Taxes imposed to support troops in North America
Colonists claimed "taxation without representation" Growing Colonial Unity Early Attempts:
- confederations - joining of several groups for a common purpose
- New England Confederation included Mass. Bay, Plymouth, New Haven, and Connecticut
- New England Confederation formed the "league of friendship" against Native Americans
- It dissolved in 1684 First Continental Congress -Delegates from every colony, except Delaware, met in 1774
-After nearly 2 months, they sent a Declaration of Rights, protesting British policies
-Delegates urged all colonies to stop trade until the policies were repealed
-Meeting ended with a call for a second congress The Albany Plan:
- Franklin proposed the formation of an annual congress of delegates from each colony
- power to raise military and naval forces, make war and peace with Natives, regulate trade, tax, and work with them The Stamp Act Congress:
-Representatives sent to Congress
-Declaration of Rights and Grievances was protest against the king and his new policies
-Parliament repealed Stamp Act
-New laws passed and resulted in boycotts Second Continental Congress -Met on May 10, 1775
A. Representatives: Each of the 13 colonies sent representatives to Congress
B. Our First National Government: Became our first national government, served as the government for 5 years Declaration of Independence Adopted on July 4, 1776
A. With thee words, the united States was born. The 13 colonies became free and independent states.
B. 56 men signed the Declaration First State Constitutions A. Drafting the Constitution
In 1776 and 1777, states adopted written constitutions- bodies of fundamental laws setting out the principles, stuctures, and processes of their governments
B. Common Features: Popular Sovereignty- government can only exist with the consent of the governed. Articles of Confederation -Established a "firm league of friendship" among the States.
A. Ratification for the document took a year.
B. Unicameral legislature, each state had one vote in congress
C. Powers of Congress: Make war and peace; send and receive ambassadors; make treaties; borrow money; set up a money system; establish post offices; build a navy; raise and army; settle disputes among states
D. State Obligations: States pledged to obey the Articles of Confederation
E. Weak- Did not give federal government enough power The Critical Period -With a state government unable to act, states bickered and grew jealous and suspicious of each other
-States often refused to support the central government
Some made agreements with foreign governments and others created their own military forces
-Economic chaos spread and taxes went unpaid
-Violence broke out in many places
Daniel Shays led an uprising that forced the Supreme Court to close. They then failed to attack a federal arsenal. Shays fled and Massachusetts passed laws to ease the burden of debtors. The Need for Stronger Government Mount Vernon:
-Maryland and Virginia agreed to a conference on their trade problems
-Their negotiations proved very successful
-Virginia General Assembly called for a joint meeting of all the states to recommend a federal plan for commerce Annapolis:
-Joint meeting turned out with only 5 of the 13 States attending
-Another meeting was called in Philadelphia
-Delegates were sent and the meeting became the Constitutional Convention The Framers -The group of delegates who attended the convention were known as the Framers
-The men were of wide knowledge and public experience
-Many fought in the Revolution and had been members of Congress
The Framers of the Constitution were of a new generation in American politics Organization and Procedure Working in Secrecy:
-The convention had drawn much public attention
-To protect themselves from outside pressures, the delegates adopted a rule of secrecy
-Most of what we know was from journals, especially James Madison
-Madison contributed more to the Constitution than the others and earned the name "Father of the Constitution" The Virginia Plan -Called for a new government with three separate branches: legislative, executive, judicial
-Congress would be bicameral
-Representation would be based upon State's population or the amount of money it gave to the government
-Members of the House of Representatives were to be popularly elected
-Members of the Senate were to be chosen by the House from a list that were nominated Compromises Connecticut Compromise: Congress Should be composed of two houses
Three-Fifths Compromise: 3/5ths of all non free persons should count
The Commerce and Slave Trade: Denied Congress the power to tax the export of goods from any state, and, for 20 years the power to act on the slave trade.
A bundle of Compromises: Framers agreed on issues they faced, but couldn't figure out how to fix them The New Jersey Plan Sources of the Constitution -Influential governments and writings: Greece and Rome. contemporary Europe and Great Britain; Commentaries on the Laws of England, The Spirit of the Laws, Social Contract, Two Treaties of Government
-Framers' own experiences
-State Constitutions Convention Completes Its Work -On Sept. 8, a committee was called to revise the stile of and arrange the articles which had been agreed to
-On Sept 15, the convention approved its workd and 39 names were placed on the finished document. The Fight for Ratification Federalists and Anti Federalists: Former favored ratification; latter opposed it
Nine States Ratify: Delaware was the first, still needed Virginia and New York
Virginia's Ratification: Long debates led them to ratify the Constitution on June 25, 1788. George Washington influenced the decision to ratify.
New York, the last key state: narrow vote in NY led Constitution to be ratified on July 26, 1788 Inaugurating the Government -11/13 states approved, government could move forward
-New York city was chosen as the temporary capital, but lacked a quorum, it could not count the electoral votes until April 6
-George Washington was elected president Basic Principles of the Constitution A. Popular Sovereignty: power resides in the people
B. Limited Government: government is not all powerful, can only do thing people have given it the power to do
C. Separation of Powers: different branches do different things
D. Checks and Balances: Each branch is subject to a number of constitutional checks by the other branches.
E. Judicial Review: Courts can determine whether what government does is in accord with what the constitution provides.
F. Federalism: division of power among a central government and several regional governments A Momentous Decision:
-The writing of the new Constitution was intended to replace the Articles of the Confederation
-At times it was near collapse, but the goal of the convention never changed -Congress was to keep all powers under the Articles, as well as gain some
-Congress would choose a "National Executive" and a "National Judiciary" to veto acts Many State representatives found it to be too radical -Retained the unicameral congress of teh confederation, with each state equally represented.
-Also called for a "federal executive" of more than person Article 1 Article 2 Article 3 The role of the legislative branch is discussed in Article I. The legislative branch includes the House of Representatives and the Senate. Together they are called Congress. Members of the House of Representatives are often referred to as members of Congress, but Senators are always called Senators. Article 4 Article 5 Article 6 Article 7 Rules for how the President and the Vice President are elected are defined in Article II. It also defines the responsibilities and powers of the President and the executive branch. The judicial branch includes the Supreme Court and lower courts. Article III states that Supreme Court Judges can hold office for life, unless they are removed, impeached, or convicted of a crime. It also says that anyone accused of committing a federal crime has the right to a trial by jury. Article IV discusses the relationship between states and the federal government. It also outlines the rules for admitting new states to the Union. The Founding Fathers realized that over time, the government might need to make changes, called amendments, to the Constitution. Two thirds of both houses of Congress must agree to propose an amendment. It takes a positive vote by three fourths of the states to make an amendment law. Article VI states that the Constitution is the highest law of the land. Federal and state officers and judges must uphold the Constitution. The names of the men who signed and ratified, or approved the Constitution, are in Article VII. It confirms the establishment of the Constitution. Formal Amendment Process First Method
An amendment may be proposed by a 2/3 vote in each house of Congress and be ratified by 3/4 of the State legislatures Proposed Amendments vs. Accepted Amendments -When both houses of Congress pass proposing an amendment, Congress does not send it to the President
-If a State rejects a proposed amendment, it is not bound by that action
-It may later reconsider and ratify it Basic Legislation -Major departments, agencies, and offices in the now huge executive branch have been created by acts of Congress
- Constitution deals with the matter of presidential succession, but only up to a point
- Congress has added to the Constitution by the way in which it has used many of it's powers. Executive Action Executive Agreement: A pact made by the President directly with the head of a foreign state.
Treaty: A formal agreement between two or more sovereign states.
Difference between the two: Executive agreements need not be approved by the Senate when using an executive agreement. Party principles -Political parties have been a major source of constitutional change over the course of political history.
-Parties have converted the electoral college from what framers intended into a "rubber stamp" for each states popular vote in presidential elections.
Electoral college: The group that makes the formal selection of the nation's presient Second Method
An amendment may be proposed by Congress and then ratified by conventions, called for that purpose, in 3/4 of the States Third Method
An amendment may be proposed by a national convention, called by Congress at the request of 2/3 of the State legislature Fourth Method
An amendment may be proposed by a national convention and ratified by conventions in 3/4 of the States More than 10,000 joint resolutions calling for amendments to the Constitution have been proposed by Congress; only 33 have been sent to the States; only 27 have been ratified. Custom -Unwritten custom may be as strong as written law, and many customs have developed in our governmental system
-By custom, the heads of the 15 executive departments make up the Cabinet
Cabinet: An advisory body to the President
Senatorial Courtesy: Senate will approve only those presidential appointees who are acceptable to the senator or senators of the President's party from the State involved, for example, a federal judge or a United States Marshal. Guantanamo Bay Points of Interest:
1. They use many isolation techniques.
2. It is located in Cuba, a country that the United States doesn't associate with
3. There is a prison there with many people from
Points of Concern
1. Prisoners are dangerous
2. There needs to be high security at all times
3. US military is stationed there North Korean Communism Points of Interest:
1. People are isolated
2. They believe their leader is the best thing ever
3. The books there are only written by one person.
Points of Concern:
1. People fear the leader so much that they worship him
2. Kim Jong Il is an oppressive leader
3. The North Korean military is violent China's One Child Policy Main Point of Interest
1. Families can only have one child
2. They are fined for keeping more than one
3. Most children kept are boys Sierra Leone: Blood Diamonds Main Points of Interest
1. Diamonds are being sold illegally
2. People work for days without finding any diamonds
3. They are bought at a very low price Concerns
1. Children are being abandoned
2. There are more men than women
3. Women are being kidnapped and married off Concerns
1. People are dying trying to find diamonds
2. People work dangerous jobs to find them
3. There is a lot of fighting going on revolving around diamonds 1st Amendment Protects the freedom of speech, freedom of religion, and freedom of the press, as well as the right to assemble and petition the government 2nd Amendment Protects an individual's right to bear arms 3rd Amendment Prohibits the forced quartering of soldiers during peacetime 4th Amendment Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause 5th Amendment Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy 6th Amendment Protects the right to a fair and speedy public trial by jury, including the rights to be notified of the accusations, to confront the accuser, to obtain witnesses and to retain counsel 7th Amendment Provides for the right to trial by jury in certain civil cases, according to common law 8th Amendment Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment 9th Amendment Protects rights not enumerated in the constitution. 10th Amendment Limits the powers of the federal government to those delegated to it by the Constitution 11th Amendment Immunity of states from suits from out-of-state citizens and foreigners not living within the state borders. Lays the foundation for sovereign immunity 12th Amendment Revises presidential election procedures 13th Amendment Abolishes slavery and involuntary servitude, except as punishment for a crime 14th Amendment Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues 15th Amendment Prohibits the denial of suffrage based on race, color, or previous condition of servitude 16th Amendment Allows the federal government to collect income tax 17th Amendment Establishes the direct election of United States Senators by popular vote 18th Amendment Establishes prohibition of alcohol 19th Amendment Establishes women's suffrage 20th Amendment Fixes the dates of term commencements for Congress (January 3) and the President (January 20); known as the "lame duck amendment" 21st Amendment Repeals the Eighteenth Amendment and prohibits violations of state laws regarding alcohol 22nd Amendment Limits the president to two terms, or a maximum of 10 years 23rd Amendment Provides for representation of Washington, D.C. in the Electoral College 24th Amendment Prohibits the revocation of voting rights due to the non-payment of poll taxes 25th Amendment Codifies the Tyler Precedent; defines the process of presidential succession 26th Amendment Establishes the right to vote for those age 18 years or older. 27th Amendment Prevents laws affecting Congressional salary from taking effect until the beginning of the next session of Congress The Unalienable Rights Guarantees in the Bill of Rights that reflect American's commitment to personal freedom and the principle of limited government
Also, Individual rights are not absolute.
The Bill of Rights restricts only the National Governemnt Civil Liberties Civil Rights Is sometimes reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people.
Examples: prohibitions of discrimination on the basis of race, sex, religious belief, or national origin; Civil Rights Act of 1964 Limited Government -Government in the United States is limited government
-All governments have and use authority over individuals, but governmental authority is strictly limited Rights are Relative, Not Absolute -The Constitution guarantees many different rights to everyone in the United States.
-Still, no one has the right to do anything he or she pleases.
-Rather, all persons have the rights to do as they please as long as they do not infringe on the rights of others. When Rights Conflict Different guarantees of rights come into conflict with one another.
Example: Freedom of the Press vs the Right to a Fair Trial To Whom are Rights Guaranteed -Most are extended to all people, usually including aliens as well as citizens.
-However, not all rights are extended to aliens, or people who are not citizens of the country in which they live.
-Example: Aliens' travel can be restricted. Freedom of Religions Free expression, including freedom of religion is, is necessary to a free society.
The Establishment Clause sets up what Thomas Jefferson called "a wall of separation between church and state.
Free Exercise Clause protects individuals right to believe what they want. Freedom of Expression A free society cannot exist without rights of free expression, without what has been called a "free trade in ideas".
Freedom of Expression is protected in the first amendment.
Also, Due process clause in the 14th amendment protects these freedoms from the arbitrary acts of States or their local government Establishment Clause -Sets up a wall of separation between church and state. The nature of the wall particularly as it applies to education, has been a matter of continuing controversy. Free Exercise Clause/ Limits on Free Exercise -Protects individuals rights' to believe, but not to do whatever they want.
Example of Limits: Cantwell vs Connecticut Separation of Church and State Religion and Education Example: Everson vs Board of Education- Court upheld a state law that provided for the public, tax-supported busing of students attending any school in the state, including parochial schools.
Critics attacked the law as a support of religion, but the court disagreed. Released Time Released time programs allow public schools to release students during school hours to attend religious classes.
Examples: McCollum vs Board of Education and Zorach vs Clauson Prayer and Bible - court decided seven major cases involving the recitation of prayers and the reading of the Bible in public schools
Example: In Engel vs Vitale, court outlawed the use, even on a voluntary basis, of a prayer written by the New York State Board of Regents.
Unconstitutional laws: posting the 10 Commandments in all public schools, a "moment of silence" law, offering of prayer at school, student led prayer Student Religious Groups -Equal Access Act of 1984 declares that any public high school that receives federal funds must allow student religious groups to meet in the school on the same terms that it sets for other student organizations Evolution In Epperson vs Arkansas 1968, the court struck down a Sate law forbidding the teaching of the scientific theory of evolution.
The court found a similar law to be unconstitutional in 1987 in Edwards vs Aguillard Aid to parochial Schools -Some argue that the State must give aid to parochial Schools to relieve the parents who support public schools through taxation, even though their child doesn't attend them.
-Others argue that parents who choose to send their children to parochial schools should accept the financial consequence of that choice The Lemon Test A way of picking which cases the Supreme Court hears about giving aid to parochial schools:
1. THe purpose of the aid must be clearly secular
2. Its primary effect must neither advance nor inhibit religion
3. Must avoid an "excessive entanglement of government with religion" Seasonal Displays In Lynch vs Donelly, 1984, the Curt held that the city of Pawtucket, Rhode Island, could include the Christian nativity scene in its holiday display, which also featured nonreligious objects
Displays made up of only religious objects violates the 1st and 14th Amendments Chaplains In Congress and in many states. a chaplain paid with public funds offers and opening prayer for sessions of both house of Congress and most state legislatures
Court ruled that this was constitutionally permissible in the case Marsh vs Chamber 1983. This was allowed because legislators are not susceptible to religious indoctrination or peer pressure. Freedom of Speech and Press The first and fourteenth amendments guarantees free speech and press that protect a person's right to speak freely and to hear what others have to say.
Freedoms are not absolute. Seditious Speech Sedition: the crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts
Seditious Speech: The advocating, or urging, of such conduct. It is not protected by the 1st amendment - Protections against government; they are guarantees of the safety of persons, opinions, and property from arbitrary acts of government -Church and government are constitutionally separated in this country, but that does not make them enemies or even strangers to one another.
Yet, all property contributions to religious
sects are free from federal, state, and local taxation
The nation's national anthem and its coins currency make reference to God. Alien and Sedition Acts -Used to curb opposition to government. They gave the president the power to deport undesirable aliens and made any false scandalous, and malicious criticisms of the government a crime.
They were unconstitutional, but that point was never tested in the courts. Obscenity Courts have recently had to deal with issues of determining what is considered obscene in regards to images, printed material, films, and other materials.
Cases have arisen over regulating adult book stores, bars, places that feature nude dancing, and also public libraries and the internet. Prior Restraint The constitution allows government to punish some utterances after they are made. But, with almost no exceptions, government cannot place any prior restraint on spoken or written words.
Except in the most extreme situations, government cannot curb ideas before they are expressed. Confidentiality News reporters want to keep their sourced confidential, which the state and federal governments do not like. Many reporters have gone to jail for not revealing their sources.
30 States have passes co called shield laws. These laws give reporters some protection against having to disclose their sources or reveal other confidential confirmation in legal proceedings in those states. Symbolic Speech People communicate ideas by conduct, by the way they do a particular thing. Thus, a person can "say" something with a facial expression or a shrug of the shoulders, or by carrying a sign or wearing an armband. This expression by conduct is known as symbolic speech. Picketing Picketing involves patrolling of a business site by workers who are on strike.
It is a form of expression, and is protected by the first amendment . Freedom of Assembly and Petition The first amendment guarantees the right to assemble peaceably and to petition the government for a redress of grievances. Freedom of Assembly Protects the right of the people to assemble- together with one another- to express their views on public matters.
Protects the right to organize to influence public policies, whether in political parties, interest groups, or other organizations. Time-Place Manner Regulations Government can make and enforce reasonable rules covering the time, place, and manner of assemblies.
However, government can not regulate assemblies on the basis of what might be said there. Public Property Groups must give advance notice oftentimes where they are planning on petitioning if it is on private property.
Examples: Gregory vs Chicago
Madsen vs Women's Health Service
Hill vs Colorado Private Property The rights of assembly and petition do not give people a right to trespass on private property, even if they wish to express political views. Freedom of Association The guarantees of freedom of assembly and petition include a right of association.
Right of Association: Those guarantees include the right to associate with others to promote political, economic, and with other social causes. Due Process of Law
Due Process In whatever it does, government must act fairly and in accord with established rules.
Procedural due process has to do with the how of governmental action.
Substantive due process involves the what of governmental action. Examples of Due Process Rochin v. California
Violation of 14th Amendment when force was taken to extract drugs from stomach by force.
Pierce v. Society of Sisters
Law seen as a violation when it interfered with the liberty of parents to direct their child's education. The Police Power Authority of each State to act to protect and promote the public health, safety, morals, and general welfare.
Tests, such as drunk driving tests, were argued to violate rights. The Right of Privacy Guarantees of due process create a right to be free, except in very limited circumstances, from unwanted governmental intrusions into one's privacy.
A major case regarding this was Roe v. Wade Until 1865, each State could decide for itself whether to allow slavery. With the 13th Amendment, that power was denied to them, and to the National Government, as well.
The ban on slavery did not eliminate duty or racial discrimination. Slavery and Involuntary Servitude The Rights to Keep and Bear Arms The Amendment's aim was to preserve the concept of the citizen-soldier.
Many insist that the 2nd Amendment also sets out an individual right. It guarantees a right to keep and bear arms just as the 1st Amendment guarantees freedom of speech. Security of the Home and Person The 3rd Amendment forbids the quartering of soldiers in private homes in peacetime without the consent of the owner.
The 4th Amendment was designed to prevent the use of writs of assistance. Probable Cause Police officers have no general right to search for evidence or to seize either evidence or persons.
Except in particular circumstances, they must have a proper warrant, which must be obtained with probable cause. Arrests An arrest is a seizure of a person.
When officers make a lawful arrest, they do not need a warrant to search the area within which the suspect might gain possession of a weapon.
Police can arrest a person in a public place as long as they have probable cause to believe that person has committed a crime or is about to commit a crime. Automobiles An officer needs no warrant to search an automobile, a boat, an airplane, or some other vehicle, when there is probable cause to believe that it is involved in illegal activities. The Exclusionary Rule Evidence gained as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized. Drug Testing Federal drug-testing programs involve searches of persons and so are covered by the 4th Amendment.
They can be conducted without either warrants or even any indication of drug use by those who must take them. Wire Tapping Wiretapping, electronic eavesdropping, video-tapping, and other more sophisticated means of "bugging" are now quite widely used.
Because of the 4th Amendment, people and places are protected so it is difficult to use wiretapping as evidence. Habeas Corpus Intended to prevent unjust arrests and imprisonments.
It commands that the prisoner be brought before the court and that the officer show cause why the prisoner should not be released. Bills of Attainder It is a legislative act that inflicts punishment without a court trial.
The ban on bills of attainder is both a protection of individual freedom and part of the system of separation of powers. Ex Post Facto Law It is a criminal law, one defining a crime or providing for its punishment
Applies to an act committed before its passage
Works to the disadvantage of the accused Grand Jury Formal device by which a person can be accused of a serious crime
If the grand jury does not return a "true bill of indictment" then the charges are dropped
A presentment is a formal accusation brought by the grand jury on its own motion, rather than that of the prosecutor Double Jeopardy Once a person has been tried for a crime, he or she cannot be tried again for the same crime. Speedy Trial The time between a person's arrests and the beginning of his or her federal criminal trial cannot be more than 100 days. Public Trial The right to be tried in public is part of the 14th Amendment. Trial by Jury A person accused of a federal crime must be tried "by an impartial jury"
The jury must be drawn from "the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law"
A person may waive trial by jury Right to an Adequate Defense Every person accused of a crime has the right to the best possible defense that circumstances will allow.
They have the right to be:
informed of the nature and cause of the accusation
confronted with the witnesses against him
have compulsory process for obtaining witnesses in his favor Self Incrimination No person can be compelled in any criminal case to be a witness against himself. Bail and Preventative Detention Bail is a sum of money that the accused may be required to post as a guarantee that he or she will appear in court on two grounds:
- a person should not be jailed until his or her guilt is established
- a defendant is better able to prepare for trial outside of a jail
A preventative detention is an order that the accused by held without bail when there is good reason to believe that he or she will commit another crime before trial Cruel and Unusual Punishment The kinds of punishments that were intended to be prevented were such barbaric tortures as burning at the stake, crucifixion, drawing and quartering, and all others in the same line of unnecessary cruelty. Capital Punishment Capital punishment is punishment by death.
The Supreme Court found the mandatory death penalty laws unconstitutional.
It is left up to the States to decide whether capital punishment is carried out in that state. Treason Treason can consist of only two things:
1. Levying war against the United States
2. Adhering to their Enemies, giving them Aid and Comfort.
Congress has set death as the maximum penalty for treason against the United States. 1984 Themes:
1. Totalitarianism - North Korea
2. Psychological Manipulation - North Korea's controlling thoughts of their people
3. Physical Control - school requires students to take gym class
4. Control of Information and History - government keeps some information from citizens
5. Technology - government can wiretap
6. Language as Mind Control - censoring language
7. Isolation - North Korea is cut off from the world
8. Urban Decay - cities in US are not clean
9. Big Brother - North Korea has pictures and monuments of their leader
10. Mind Control - the people in North Korea are taught what to think