Char Chap 4 Flashcards
(32 cards)
civil liberties
legal rights designed to protect individuals from abuse of power by government.
Incorporation
name for when the US Supreme Court holds that a civil liberty from the Bill of Rights applies to state governments through the 14th’s Due Process Clause’s command that no ‘’state deprive any person of…liberty… without due process.’’
Due Process Clause of the 14th Amendment
‘’No State shall…deprive any person of life, liberty, or property, without due process of law.’’
selective incorporation
gradual process by which the Supreme Court has chosen which civil liberties from the Bill of Rights to incorporate through the 14th Due Process Clause.
total incorporation
the idea that all of the civil liberties protected by the Bill of Rights should automatically be incorporated into the Due Process clause all at once.
unenumerated constitutional rights
rights that are said to be implied by the Constitution but that are not actually mentioned in it.
Do constitutions protect civil liberties against infringement by private individuals (or businesses) or do constitutions only protect against infringement by government?
Civil liberties primarily protect from infringement by the government and not individuals.
Did the civil liberties listed in the Bill of Rights of the U.S. Constitution apply to actions taken by state governments prior to the Civil War? Did they apply to actions taken by the federal government prior to the Civil War?
Prior to the Civil War, civil liberties applied only to the federal government and not the state governments.
religious freedom
the freedom to develop and live according to one’s own religious beliefs insofar as doing so does not interfere with the similar freedom of others.
Establishment Clause
clause of the 1st that states, ‘’Congress shall make no law respecting an establishment of religion.’’
Free Exercise Clause
clause of the 1st that states, ‘’Congress shall make no law… prohibiting the free exercise.’’
separation of church and state
the view, that the establishment clause of 1st of the US Constitution is designed to reduce or eliminate the role of religion in government affairs altogether.
Accommodationism
the view that the Establishment Clause of the 1st that doesn’t mandate the separation of church and state. Religion can’t come into politics.
Sherbert Test
test used to determine whether a government action interferes with the legal right to the free exercise of religion.
strict scrutiny
label given to the most stringent approach taken by courts when reviewing potentially unconstitutional government actions.
There are two phases in the Sherbert Test. Which questions are asked are in each phase?
In phase 1 it determines whether 1. the person has a claim involving a sincere religious belief, and 2. the government action is an actual burden on the person’s ability to act on that belief. In phase 2 the questions are whether the government interference with religious practice is the result of pursuing a compelling government interest, and there is a way for government to pursue the compelling government interest that would have placed less of a burden on the free exercise of religion.
What does strict scrutiny have to do with the Sherbert Test?
The Sherbert test is a result of strict scrutiny as an action must first be deemed unconstitutional to which it then faces strict scrutiny which then results in the Sherbert test.
content-based restrictions
government law or action that restricts the freedom of expression because of disapproval of the content of the message being expressed.
time, place, and manner regulations
The state may not deny a group from expressing themselves due to the disapproval of their message, but they can deny that group the right to do so for reasons pertaining to the time, place, or manner of their expression.
What is the baseline rule of the Supreme Court’s approach to the freedom of expression?
No content based restrictions on expression.
How do proponents of gun rights differ from proponents of gun control in how they interpret the Second Amendment?
Gun rights activists declare that every citizen has the right to bear arms while gun control activists cite that the second amendment refers to a well regulated militia and that each individual has the right to use arms for recreational purposes and not bear them at all times.
According to 21st century U.S. Supreme Court decisions, does the Second Amendment protect a right for individuals to own firearms for self-defense? Or does it only protect the right for persons to own guns for purposes of serving in a “well-regulated militia”?
In the landmark 5-4 decision of 2008, the court decided that the right to bear arms was not solely about militia service and was also for the ability to defend oneself.
Has the U.S. Supreme Court incorporated the Second Amendment under the Due Process Clause of the 14th Amendment?
It dictates that the U.S. Constitution prohibits both the federal government and state governments from infringing upon the individual right to own and carry guns for self-defense.
According to the textbook, what is the purpose (or “aim”) of civil liberties pertaining to the criminal justice system?
To limit the threat of the criminal justice system to the life and liberty of the population.
