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Final Exam Study Guide - American Government |, Study notes of Local Government Studies

Final Exam Study Guide Material Type: Notes; Class: American Government; Subject: Political Science; University: Shippensburg University of Pennsylvania; Term: Forever 1989;

Typology: Study notes

2010/2011

Uploaded on 03/08/2011

eaglesphanatic92
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1. Many of our individual liberties are in the bill of rights. What are the rights dealing
with the accused and the trade-offs embedded in these rights. (e.g. What must we
give up to ensure these rights or what in these rights do we give up to ensure other
goals) give numerous examples and court cases.
Bill of rights were written to protect individuals from an over-zealous government
5th Amendment
Indictment by Grand Jury
Protect innocent from over-zealous government
Citizens decide if there's enough evidence to go to trial
Double Jeopardy
Cannot be tried for the same crime twice
Can be tried on different level (national/state)
Cannot testify against yourself
Miranda v. Arizona
Have to be told your rights when your detained
People have to understand their rights
6th Amendment
Speedy and Public Trial
Right to Impartial Jury
Jury of your peers
Right to confront Witnesses
Assistance of Council ---> Lawyer
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  1. Many of our individual liberties are in the bill of rights. What are the rights dealing with the accused and the trade-offs embedded in these rights. (e.g. What must we give up to ensure these rights or what in these rights do we give up to ensure other goals) give numerous examples and court cases.
    • Bill of rights were written to protect individuals from an over-zealous government
    • 5th Amendment
      • Indictment by Grand Jury
        • Protect innocent from over-zealous government
        • Citizens decide if there's enough evidence to go to trial
      • Double Jeopardy
        • Cannot be tried for the same crime twice
        • Can be tried on different level (national/state)
      • Cannot testify against yourself
        • Miranda v. Arizona
        • Have to be told your rights when your detained
        • People have to understand their rights
    • 6th Amendment
      • Speedy and Public Trial
      • Right to Impartial Jury
        • Jury of your peers
      • Right to confront Witnesses
      • Assistance of Council ---> Lawyer
  • Gidean v. Wainwright
  • Right to attorney, even if you can't afford one
  • 8th Amendment
  • No excessive bail
  • No excessive fines
  • No cruel and unusual punishment
  • Torture, flogging
  • Death penalty
  1. Are the rights to free speech and free exercise of religion absolute rights? If not, in what areas are they not absolutes? Give evidence.
  • Minnersville v. Gobilis
  • Just because you have a religious conviction does not release you from government obligations or the ability to disobey laws
  • Government needs to provide compelling reason as to why it's unlawful/unconstitutional
  • Freedom of Speech
  • Speech ---> any way you express yourself
  • 4 expectations
  • National Security- can't say anything that endangers it
  • Slander and Libel- erroneous things about people
  • Direct Incitement Test- Brandenburg v. Ohio KKK
  • Obscenity
  • President appoints ---> criteria
    • Ideologically compatible with President
    • Competence
    • Demographics
    • Sometimes politics, owe favors
  • Senate Judiciary Committee hearings
  • Senate confirms
    • Can filibuster in Senate
  • How Supreme Court issues rulings
    • Supreme court does not rule on fact
    • Decide constitutional principles of trial
    • Need majority vote to overturn lower court decision
  • How Supreme Court issues opinions
    • About 6000 cases appealed to Supreme Court yearly
    • Review cases ---> law clerks
    • If 4 judges believe case should be heard, it's heard --->^ Writ on Certior
    • Both sides of case write^ briefs
      • Make Constitutional arguments for their side
    • Judges review them, schedule^ oral arguments
      • Each side gets 30 minutes to argue their point
      • Judges start asking questions based on briefs
    • Judges meet to decide the case by^ majority vote
  • Up to Chief Justice to decide the judge to write^ majority opinion
    • Logic of the opinion
    • Some write^ dissenting opinion^ if they oppose majority opinion
  • Amicus Coriae briefs ---> outside the court briefs, outside opinion written about case
  • Beyond a reasonable doubt ---> 99%