AMER
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Kartei Details
| Karten | 52 |
|---|---|
| Sprache | English |
| Kategorie | Politik |
| Stufe | Universität |
| Erstellt / Aktualisiert | 06.10.2015 / 06.10.2015 |
| Weblink |
https://card2brain.ch/box/amer
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| Einbinden |
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Key Amendments: 17th
1913: Direct Vote of Senators
Key Amendments: 18th
1919: Prohibition (limited rights, sale of alcohol)
Key Amendments: 20th
1920: Women given right to vote
Key Amendments: 21st
1933: Prohibition repealed
Bill Of Rights: More Detailed
- passed by Congress on March 4, 1789 - ratified in 1791
- based on Virginias Decleration of Rights (1776)
- afraid: implies that some rights that were not listed, don't exist
- function: "in order to prevent misconstruction or abuse of the const. powers" + +further restrictive clauses should be added"
- Jefferson = anti-federalist, afraid of Bill of Rights
1st Amendment
Protected Freedoms: religion, speech, press, assembly
- Religion Clauses = "establishment" + "free exercise" clauses (Jefferson: "two clauses built a wall of separation between church and state", "closer to the truth to believe nothing, than something that is wrong")
Religion Clauses in 1st amendment: Establishment Clause
No official church, no favoritism
Inspiration: John Locke (English Enlightment phil.) & Roger Williams (theologian)
Has concerned public schools:
1962: Engel v. Vitale: prayers = unconstitutional
1968: Epperson v. Arkansas: schools must teach evolution
1987: Edwards v. Aguilard: creationism shouldn't be taught
1920s: Monkey trial - teacher in trial for teaching evolution
Religion Clauses in 1st amendment: Free Exercise Clause
- protects religious beliefs & practice; different cult are allowed except when they're actions are crime related
- accomodation: compromise, if there is an undue burden caused by a law on an individual's religious practice, the gov. will accomodate (ex. native american tribe smoking peyote)
- ex. 1944 U.S v. Ballard: invented religion, asked for donations, got arrested for mail fraud. "freedom of religion embraces the right to maintain theories of life and death"
Religious Clauses: Is there a limit?
Belief vs. Conduct
- belief is absolute, conduct can be controlled if state has a compelling interest
- ex. SIKH boy wearing knife on leg to school; Jehova Witness keeping boy from blood transfusion
Religious Clauses: Ceremonial Deism
1984 Lynch v. Donelly
"They have lost through rote repetition any significant religious concept" -> public holidays don't hurt establishment clause
1st Amendment: Freedom Of Speech
- "Freedom to speak foolishly and without moderation"
- 1944 Baumgartner v. US: Held speeches
- Limits? Imminent Lawless Actions: if the speaker intends to incite a violation of the law that is both imminent and likely
1st Amendment: Freedom Of The Press
- role of the press is to hold the government accountable (ex. Watergate)
