Chapter 4: Civil Liberties Flashcards
(36 cards)
What are Civil Liberties?
limitations on the power of Government to ensure personal freedoms.
What is Selective Incorporation?
the gradual process of making Bill of Rights guarantees apply to all levels of government. Introduced by the 14th Amendment,
What is the Establishment Clause?
A provision under the 1st Amendment. Protects the people from having a set of religious beliefs imposed by the government.
What is the Free Exercise Clause
Protection of religious beliefs bring restricted by the government.
Freedom of Expression
Includes freedom of speech, the press, assembly, and petition. Freedom of expression is subject to certain constraints to balance the interest of public order (security).
What is Double Jeopardy?
No one who has been acquitted of a crime can be charged for the same crime
What is the 6th Amendment?
Guarantees the right to a speedy public trial by an impartial jury. Guarantees the right of the accused to present their own witnesses and face their accusers. Guarantees the right of the accused to an attorney.
What is the 7th Amendment?
All trials in a civil case take place before a jury. Limits the ability of judges to reconsider questions of fact decided by the jury.
What are the 3 prongs of the Lemon Test?
- secular legislative purpose
- Advances or prohibit religion
- Excessive entanglement between the state and religion
Engel v. Vitale (1964)
ruled mandatory school prayer unconstitutional.
West Virginia State Board of Education v. Barnette
Supreme Court ruled flag-salute law in public schools unconstitutional.
Schenk v. United States
the Court ruled criticizing the government and the war is a “clear and present” danger, which is not protected under the 1st Amendment. “Like yelling fire in a crowded theatre.”
Brandenburg v. Ohio
the Court ruled “imminent lawlessness.” Hate speech on private property protected by the 1st Amendment, as long as it doesn’t incite violence.
Texas v. Johnson
the Court ruled flag burning protected by freedom of symbolic speech.
What is the Exclusionary Rule?
A requirement (based on Mapp v. Ohio) that evidence seized during an illegal search and seizure cannot be used as evidence.
What is the Sherbert Test?
A standard for deciding if a law violates the free exercise clause. A law will be struck down unless there is a “compelling government interest” at stake and it accomplishes its goal by the “least restrictive means” possible.
What is the Undue Burden Test?
Decides whether a law that makes it harder for a woman to seek abortion is constitutional.
Griswold v. Connecticut
Struck down a State law forbidding married individuals using any form of contraception.
What is an example of an Undue Burden the Court struck down?
A requirement that a married woman notify her spouse prior to an abortion.
Lawrence v. Texas (2003)
the Court ruled State laws that criminalized sodomy unconstitutional; pertained to consensual sex between homosexual couples.
What is the 8th Amendment?
Excessive bail shall not be required, nor excessive fines imposed. Protection against Cruel and Unusual Punishment.
What are Procedural Liberties?
Relate to the protections of people accused of a crime. They are found in the 4th - 8th Amendments.
What are Substantiative Liberties?
Found in the first 3 Amendments in the Constitution.
Barron v. Baltimore (1833)
the Court ruled Americans have dual citizenship and the Constitution protects an individual only from the Federal government.
