Civil Liberties Flashcards
(13 cards)
Civil Liberties
constitutionally established guarantees that protect citizens, opinions, and property against arbitrary gov interference
Selective Incorporation
Bill of Rights did not originally apply to people in the states, supreme court determined that in the 14th amendments equal protection clause the bill of rights cover the people of the country
Bill of Rights
first 10 amendments in the constitution
1st amendment
congress cannot make any law establishing a religion or abridging the freedom of religious exercise, speech, assembly, or petition
Not protected by first amendment
fighting words, obscenity, child porn, crimes involving speech, threats, plagiarism
3rd amendment
no soldier shall, in time of peace be quartered in any house without the consent of the owner, nor in time of war, but in a manner prescribed by law
4th Amendment
Right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probably cause
5th amendment
right to a grand jury, cannot be retried for the same crime, don’t have to bear witness against self, right to due process of law, just compensation for taking private property
6th amendment
speedy and public trial, must be informed of the crime against him/her, right to counsel
7th amendment
common law right by jury preserved (right to be tried by a jury of peers)
8th amendment
no: excessive bail, excessive fines, or cruel and unusual punishments inflicted
9th amendment
if its not in the constitution it does not mean it doesn’t apply to the people
10th amendment
powers not delegated to the US by the Constitution, nor prohibited by the states, are reserved to the states respectively. or to the people