Ch 4: Civil Liberties Flashcards Preview

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Flashcards in Ch 4: Civil Liberties Deck (36):
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Civil liberties

The personal guarantees and freedoms that the government cannot abridge by law, Constitution, or judicial interpretation

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Civil rights

The government protected rights of individuals against arbitrary or discriminatory treatment by governments are individuals

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bill of rights

First 10 amendments to the U.S. Constitution which largely guarantee specific rights and liberties

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Ninth amendment

Part of the Bill of Rights that makes it clear that enumerative rights in the Constitution or Bill of Rights does not mean that others do not exist

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10th amendment

The final part of the Bill of Rights that defines a basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or the people

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Due process clause

Clause contained in the fifth and 14th amendments over the years it has been constructed to guarantee a variety of rights to individuals

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Substantive due process

Judicial interpretation of the fifth and 14th amendments due process clauses that protects citizens from arbitrary or unjust state or federal laws

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Incorporation doctrine

An interpretation of the Constitution holding that the due process clause of the 14th amendment requires state and local governments to guarantee the rights stated in the Bill of Rights

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Selective incorporation

A judicial doctrine whereby most, but not all protections found in the bill of rights are made applicable to the states via the 14th

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Fundamental freedoms

Those rights defined by the court as essential to order liberty and justice and therefore entitled to a higher standard of review

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First Amendment

Freedom of religion speech press assembly and petition

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Establishment clause

The first clause of the First Amendment, it directs the national government not to sanction an official religion

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Free exercise clause

Second clause of the First Amendment, prohibits the US government from interfering with a citizens right to practice his or her religion

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Lemon test

Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues

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Prior restraint

Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact, generally held to be in violation of the First Amendment

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Clear and present danger test

Schenck v. U.S. (1919) Drew the line between protected and unprotected speech, can't yell fire in a crowded theater

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Direct incitement test

Bradenburg v. Ohio (1969) The first Amendment protects advocacy of legal action unless imminent lawless action is intended and likely to occur

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Symbolic speech

Symbols signs and other methods of expressions generally considered to be protected by the First Amendment

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Hate speech

any communication that belittles a person or group on the basis of characteristics

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Libel

False written statement that defames a person's character

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Slander

Untrue spoken statements that Defame the character of the person

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New York Times v. Sullivan (1964)

Case in which the Supreme Court concluded that actual malice must be proven to support a finding of libel against a public figure

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Fighting words

Words that by their very utterance inflict hurt, or tend to incite an immediate breach of peace; not subject to the restrictions on the First Amendment

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Writs of Habeas Corpus

Prisoners have a right to know what charges are being made against them

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Ex post facto law

Law that makes the act punishable as a crime even if the action was legal at the time it was committed

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Bill of attainder

A law declaring an act illegal without a judicial trial

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Fourth amendment

Search and seizure of property, search warrant

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Fifth Amendment

Right to a trial, no double jeopardy rate to compensation for taking the government

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Miranda v. Arizona (1966)

Individuals who arrested for a crime must be advised of the Fifth Amendment rights

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Miranda rights

Statements required of the police to inform the suspect of his or her constitutional rights protected by the Fifth Amendment

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Double Jeopardy Clause

Part of the fifth amendment that protects individuals from being tried twice for the same offense in the same jurisdiction

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Exclusionary rule

Prohibits police from using illegal seized evidence at a trial

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Sixth amendment

Right to a speedy trial by jury

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Eighth amendment

Prohibits cruel and usual punishment

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Right to privacy

Right to be left alone

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Roe v. Wade (1973)

A woman's right to an abortion was protected by the right to privacy