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The first right protected by the First Amendment is freedom from the establishment of religion. |
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Artcle VIof the Constitution nprohibits the government from requiring any religious test for public office. |
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The establishment clause protects the rights of individuals to worship or believe as they choose. |
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The U.S. Supreme Court heard more than 100 cases dealing with church-state relations in its early years, but in the last 30 years it has only heard about five cases. |
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The wall of sparation between church and state is complete. |
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Churche cannot legally be helped by the government in any way. |
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The edorsement test and the Lemom test are used in establishment cases. |
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Government displays of the Ten Commandments may or may not violate the Constitution, depending upon the context. |
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Acions based on religious belief are always protected, although religious beliefs are not always protected. |
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The establishment clause and the free exercise clause often come into conflict with each other. |
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Which of the following could be part of the U.S. Supreme Court's dissenting opinion in the case of Wisconsin v. Yoder? |
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Education through age 16 is necessare for students to achieve economic self-reliance. |
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was considered to establish a "wall of separation" according to Thomas Jefferson. |
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The courts have generally held school-sponsored prayer during the regular school hours to be |
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a violation of the First Amendment. |
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The free exercise clause is associated with |
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The Supreme Court uses a three-part test to decide whether a law is a violation of the establishment clause. Which of the following is part of the test? |
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The primary effect of the law must neither advance nor prohibit religion. |
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A rabbi's invocation and benediction at a school graduation. |
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An Amish community's refusal to send children to school through age 16. |
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A Morman Man's claim to be able to have more than one wife since polygamy is a recognized part of his religion |
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State programsthat provide vouchers to low-income parents to help pay tuition at a variety of nonpublic schools, including religiously affiliated schools |
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protects the right of individuals to worship as they choose |
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asks whether the law or government action has the purpose or effect of endorsing religion |
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violates the establishment clause |
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forbids government from setting up churches |
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permitted under the free exercise clause |
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Due process has two parts--procedural and substantive |
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Procedural due process means before a person's life, liberty, or property is taken away, the government must use fair procedures |
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What procedure is due a person depends upon what is being taken away. |
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A person facing the death penalty is entitled to greater due process than a person facing loss of their fishing license. |
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Procedural due process means that the laws themselves have to be fair. |
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States are free to provide more due process in their state constitutions than what is provided by the U.S. Constitution's Fourteenth Amendment. |
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If a law is in conflict with a fundamental right, the law will be upheld if it is reasonable. |
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All thefundamental rights are stated in the Constitution. |
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The two basic elements of procedural due process are notice of the action and a chance to comment on the proposed action. |
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Hyung Joon Kim was deported after the U.S. Supreme Court decided that the federal law that allowed deportation without a hearing of permenent residents who had committed certain crimes did not violate |
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In Goss v. Lopez, the U.S. Supreme Court detemined that due process rights of students suspended for ten days or less were violated because the schools did not provide |
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A sex offender released from prison complained that personal information about him was included on a state-sponsored Internet site. He claimed that listing his information without a court hearing to determine whether he was currently deangerous violated his right to |
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Doctors in one stae claimed that the law making it a crime to assist another person in committing suicide violated the due process clause. The state argued that |
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its interest in preserving life outweights an individual's interest in physician-assisted suicide |
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The due process procedures required in specific situations depend on |
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Basis for striking down child labor laws in the first third of the twentieth centure |
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Includes notice and a chance to have a say |
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Prevents arbitrary, unreasonable decisions |
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Requres a compelling state interest when social and economic laws affect privacy |
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May include right to hearing, cross examination, access to attorney |
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Use decreased as courts deferred more to wisdon of legislators |
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Mos due process cases today |
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requires state and local governments to provide due process |
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right to marry, right to bear arms..... |
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implied fundamental rights |
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justfication required to preserve laws that affect a fundamental right |
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compelling state interest |
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fair administration of the law |
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have fewe rights that U.S. citizens |
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The right to privacy is written in the Bill of Rights |
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The right to privacy is a fundamental right protected by substantive due process |
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When the individual's right to privacy conflicts with an important government interest, the courts will balance the right against the interest. |
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The saying that "a person's home is his or her castle" reflects the strong protection given to privacy in the home. |
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While people have a right to possess obscene materials in their own home... |
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There is no constitutional right for consenting adults to engage in homosexual practices in their own home |
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Students' belongings at school receive some privacy protection, and administrators must have a reasonable suspicion before searching such items. |
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The federal law the prohibits the release of school records to third parties..... |
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Most information that the government has about an individual must be released if requested |
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Parents have an absolute veto power over abortion decisions of their minor-age, unwed daughters |
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In analyzing whether suspicionless drug testing of political candidates is constitutional, the Supreme Court |
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balanced the privacy rights of candidates with the state's interest in having drug-free officials |
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Which of the following statements is true today? |
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There is a movement to limit privacy protections under the U.S. Constitution |
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Which is true of the Family Educational Rights and Privacy Act? |
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Parents may have access to their children's school records |
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Where is privacy protected the most? |
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Overturng a 1986 case, the U.S. Supreme Court is 2003 ruled that the sexual practices of two consenting adults in their own home |
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are protected by a constitutional right to privacy and a fundamental right to be let alone |
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prevents gov from releasing most info about a person without consent |
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established the constitutional right to an abortion under the right to privacy |
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protected areas derived from several rights in the Constitution |
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basis for unsuccessful claim that peer grading violates the rights of students |
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family educational rights and privacy act |
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standard used to resolve conflicts between right to privacy and other important government interests |
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