Lecture 9 Flashcards
(25 cards)
What are civil liberties?
Individual rights guaranteed by the Bill of Rights.
What are civil rights?
Citizenship rights guaranteed by the 13th, 14th, 15th, 19th, and 20th Amendments, protected by the government.
How do civil liberties and civil rights differ in function?
Civil liberties define what people should receive; civil rights ensure everyone is treated equally.
Name four rights originally in the Constitution (before the Bill of Rights).
No bills of attainder, no ex post facto laws, habeas corpus, and privileges and immunities clause.
What are the Bill of Rights?
The first 10 Amendments, added as a concession to anti-federalists, limiting federal authority.
What does the incorporation doctrine refer to?
Applying the Bill of Rights to state governments through the 14th Amendment.
What is selective incorporation?
A case-by-case process of applying specific rights from the Bill of Rights to the states.
Can states offer more or fewer rights than the federal Constitution?
States can offer more rights, but not fewer.
Why did early Americans support religious freedom despite being mostly Christian?
To prevent government abuse, protect religion from politics, and avoid social division.
What is the Establishment Clause?
It prohibits the federal government from establishing or supporting a state religion.
What is the separationist view of the Establishment Clause?
Belief in a strict “wall of separation” between church and state.
What is the accommodationist view?
The government can promote religion as long as it doesn’t establish an official church.
What is the Lemon Test?
A test for religious entanglement: secular purpose, no advancement/inhibition of religion, and no excessive entanglement.
What does the Free Exercise Clause protect?
The right to practice one’s religion freely, with some limits based on public order.
What is the “police power” in religion cases?
The government’s power to regulate society and ensure safety, even if religious practices are restricted.
What are two major issues in free exercise cases?
(1) What counts as a religion? (2) What test to use for restricting religious practice?
What is “strict scrutiny”?
A legal test requiring a compelling government interest to restrict fundamental rights like religion.
What did Employment Division v. Smith (1990) rule?
Neutral laws of general applicability do not violate free exercise, even if they incidentally restrict religious practice.
What did the Religious Freedom Restoration Act (1993) attempt to do?
Reinstate strict scrutiny for any law affecting religious practice.
Why was RFRA (1993) ruled unconstitutional in City of Boerne v. Flores (1997)?
It exceeded Congress’s power over the states.
What did the revised RFRA (2003) do?
Limited RFRA’s application to federal government actions only.
What did Hosanna-Tabor v. EEOC (2012) rule?
Religious organizations are exempt from federal employment laws when hiring ministers.
What was decided in Burwell v. Hobby Lobby (2014)?
Closely-held corporations don’t have to provide birth control if it violates religious beliefs.
What issue was central in Masterpiece Cakeshop v. Colorado (2018)?
Balancing religious freedom and anti-discrimination laws.
