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APGAP > 4 Civil Liberties + Rights > Flashcards

4 Civil Liberties + Rights Flashcards

1
Q

Civil liberties

A

Basic political freedoms that protect citizens from government abuses of power

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2
Q

Freedom

A

Belongs to individuals + government can’t take away

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3
Q

Equality

A

Belongs to government + government must provide and protect

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4
Q

Due process clause

A

Forbids states from denying “life, liberty, or property” to any person w/o due process of the law

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5
Q

Selective incorporation

A

Case by case (sponge then drips) *uses amendments to support cases

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6
Q

Freedom of Speech

A

Protected: Strict scrutiny, political speech, symbolic speech, hate speech

Less protected: fighting words, slander/libel, commercial speech, obscenity

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7
Q

First Amendment

A

Freedom of Speech, Assembly, Press, Petition, Religion

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8
Q

Freedom of Assembly

A

“Time, manor, and place” must be reasonable

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9
Q

Freedom of Press

A

Prior restraint/gag order
*high bar

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10
Q

Prior restraint

A

Govt can prohibit media from publishing some material

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11
Q

Gag order

A

Media prohibited from publishing anything related to

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12
Q

Right to Petition

A

Telling officials what you want (they must listen, don’t have to support)

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13
Q

Freedom of Religion

A

Establishment clause + free exercise clause

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14
Q

Establishment clause

A

Govt cannot sponsor or favor a religion

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15
Q

Lemon test

A

Govt needs a secular purpose w no “excessive govt entanglement w religion”

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16
Q

Endorsement test

A

Reasonable observer cannot think action either endorses or disapproves of a religion

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17
Q

Free exercise clause

A

Govt cannot interfere w practice w religion
*SC needs “compelling state interest” before limiting religious freedoms

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18
Q

2nd Amendment

A

Right to bear arms

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19
Q

Right to bear arms

A

First half: about militas + not individuals —> not pro gun

Second half: individual —> pro gun

Typically a state issue, w surges in ntl regulation

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20
Q

3rd Amendment

A

Troops may not be quartered w/o permission

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21
Q

Due process rights

A

Laws and legal proceedings must be fair

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22
Q

4th Amendment

A

Unreasonable search + seizure

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23
Q

Unreasonable search + seizure

A

Probable cause (likely) vs reasonable cause (has evidence), exclusionary rule

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24
Q

Exclusionary rule

A

Illegally or constitutionally acquired evidence cannot be used in criminal trial
(Mapp V Ohio)

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25
Q

5th Amendment

A

Self-incrimination

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26
Q

Self-incrimination

A

Miranda rights + double jeopardy

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27
Q

Double jeopardy

A

You can’t be charged w the same charge twice

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28
Q

“Takings claim”

A

Govt can’t take stuff w/o good reason

29
Q

6/7th Amendment

A

Rights to legal counsel, speedy trail, witness, impartial jury trial

30
Q

Gideon v Wainwright

A

Defendants who cannot afford attorney/lawyer must be provided one

31
Q

8th Amendment

A

Cruel + unusual punishment

32
Q

9th amendment

A

Not here, doesn’t mean you don’t have a right (marital privacy, travel, voting rights, privacy)

33
Q

Civil Rights

A

Protections from discrimination as a member of a particular group

34
Q

Suspect classification

A

Based on race, ethnicity, creed, nationality

35
Q

Symbolic speech

A

Protected expression in the form of images, signs, and other symbols

36
Q

Libel

A

An untrue written statement the injures a persons reputation

37
Q

Slander

A

An untrue spoken expression that injures a persons reputation

38
Q

Hate speech

A

Express hatred towards members of a group identified by racial or ethnic identity, gender, sexual orientation

39
Q

Obscenity

A

Words, images, or video that depict sexual activity in an offensive manner and that lack artistic merit

40
Q

Ex post facto laws

A

Laws criminalizing conduct that was legal @ the time it occurred

41
Q

Bills of attainder

A

A law passed by congress punishing an individual w/o a trial

42
Q

Writ of habeas corpus

A

Document setting out reasons for an arrest or detention

43
Q

Procedural due process

A

Judicial standard requiring that fairness e applied to all individuals equally

44
Q

Warrant

A

Doc used by judge authorizing a search warrant

45
Q

Probable cause

A

Reasonable belief that a crime has been committed or that there is evidence of criminal activity

46
Q

Exclusionary rule

A

Rule that evidence obtained w/o a warrant is inadmissible in court (Mapp v. Ohio)

47
Q

Grand jury

A

Group of citizens who decide whether or not the person should have criminal charges + tried in court

48
Q

Double jeopardy

A

Protects an individual acquitted of a crime from being charged w/the same crime again in the same jurisdiction

49
Q

Self-incrimination

A

Individuals cannot be compelled to give testimony that leads to criminal charges against them

50
Q

Miranda rights

A

Right to remain silent + attorney present during questioning

51
Q

Bail

A

An amount of money posted as a security to allow the charged individual to be freed awaiting a trial

52
Q

Americans with Disabilities Act

A

Guarantees that people w/disabilities are not discriminated against in employment, buying goods + services, participating in govt programs

53
Q

Unfunded mandate

A

Mandates that the govt doesn’t give states the $ to change

54
Q

Equal protection clause

A

Used to protect the civil rights of Americans from discrimination based on race, national origins, religion, gender, and other characteristics

55
Q

“Separate but equal”

A

Racial segregation was conditional so long as the facilities for blacks and whites were equal

56
Q

Legal segregation

A

The separation by law of individuals based n their race

57
Q

De jure segregation

A

The separation of individuals based n their characteristics (race) intentionally and by law

58
Q

De facto segregation

A

A separation of individuals based on characteristics that Aries not by law but because of other factors, such as residential housing patterns

59
Q

NAACP

A

National Association for the Advancement for Colored People

60
Q

Affirmative Action

A

A policy designed to address the consequences of previous discrimination by providing special consideration to individual based upon their characteristics (race/gender)

  • some say this reverses discrimination
61
Q

Civil Rights Act of 1957

A

First piece of civil rights legislation to pass since Reconstrucion

62
Q

Civil disobedience

A

Intentional refusal to obey a law to call attention to its injustice

63
Q

Civil Rights Act of 1964

A

Legislation outlawing racial segregation in schools + public places and authorizing the attorney general to sue individual school districts that failed to desegregate

64
Q

Voting Rights Act of 1965

A

Legislation outlawing literacy tests and authorizing the Justice Department to send federal officiers to register voters in uncooperative cities, countries, + states

65
Q

24th amendment

A

Abolished + forbids the fed and state govt from imposing taxes on voters during fed elections

66
Q

19th amendment

A

Constitutional amendment granting women the right to vote

67
Q

Title IX

A

Legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in some programs

68
Q

ERA

A

Equal Rights amendments —> failed

69
Q

Rational basis test

A

Court must determine whether a law is rationally related to a legitimate govt interest

APGAP (7 decks)

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