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APGAP > 4 Civil Liberties + Rights > Flashcards

4 Civil Liberties + Rights Flashcards

1
Q

Civil liberties

A

Basic political freedoms that protect citizens from government abuses of power

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2
Q

Freedom

A

Belongs to individuals + government can’t take away

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3
Q

Equality

A

Belongs to government + government must provide and protect

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4
Q

Due process clause

A

Forbids states from denying “life, liberty, or property” to any person w/o due process of the law

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5
Q

Selective incorporation

A

Case by case (sponge then drips) *uses amendments to support cases

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6
Q

Freedom of Speech

A

Protected: Strict scrutiny, political speech, symbolic speech, hate speech

Less protected: fighting words, slander/libel, commercial speech, obscenity

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7
Q

First Amendment

A

Freedom of Speech, Assembly, Press, Petition, Religion

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8
Q

Freedom of Assembly

A

“Time, manor, and place” must be reasonable

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9
Q

Freedom of Press

A

Prior restraint/gag order
*high bar

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10
Q

Prior restraint

A

Govt can prohibit media from publishing some material

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11
Q

Gag order

A

Media prohibited from publishing anything related to

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12
Q

Right to Petition

A

Telling officials what you want (they must listen, don’t have to support)

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13
Q

Freedom of Religion

A

Establishment clause + free exercise clause

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14
Q

Establishment clause

A

Govt cannot sponsor or favor a religion

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15
Q

Lemon test

A

Govt needs a secular purpose w no “excessive govt entanglement w religion”

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16
Q

Endorsement test

A

Reasonable observer cannot think action either endorses or disapproves of a religion

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17
Q

Free exercise clause

A

Govt cannot interfere w practice w religion
*SC needs “compelling state interest” before limiting religious freedoms

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18
Q

2nd Amendment

A

Right to bear arms

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19
Q

Right to bear arms

A

First half: about militas + not individuals —> not pro gun

Second half: individual —> pro gun

Typically a state issue, w surges in ntl regulation

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20
Q

3rd Amendment

A

Troops may not be quartered w/o permission

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21
Q

Due process rights

A

Laws and legal proceedings must be fair

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22
Q

4th Amendment

A

Unreasonable search + seizure

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23
Q

Unreasonable search + seizure

A

Probable cause (likely) vs reasonable cause (has evidence), exclusionary rule

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24
Q

Exclusionary rule

A

Illegally or constitutionally acquired evidence cannot be used in criminal trial
(Mapp V Ohio)

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25
5th Amendment
Self-incrimination
26
Self-incrimination
Miranda rights + double jeopardy
27
Double jeopardy
You can’t be charged w the same charge twice
28
“Takings claim”
Govt can’t take stuff w/o good reason
29
6/7th Amendment
Rights to legal counsel, speedy trail, witness, impartial jury trial
30
Gideon v Wainwright
Defendants who cannot afford attorney/lawyer must be provided one
31
8th Amendment
Cruel + unusual punishment
32
9th amendment
Not here, doesn’t mean you don’t have a right (marital privacy, travel, voting rights, privacy)
33
Civil Rights
Protections from discrimination as a member of a particular group
34
Suspect classification
Based on race, ethnicity, creed, nationality
35
Symbolic speech
Protected expression in the form of images, signs, and other symbols
36
Libel
An untrue written statement the injures a persons reputation
37
Slander
An untrue spoken expression that injures a persons reputation
38
Hate speech
Express hatred towards members of a group identified by racial or ethnic identity, gender, sexual orientation
39
Obscenity
Words, images, or video that depict sexual activity in an offensive manner and that lack artistic merit
40
Ex post facto laws
Laws criminalizing conduct that was legal @ the time it occurred
41
Bills of attainder
A law passed by congress punishing an individual w/o a trial
42
Writ of habeas corpus
Document setting out reasons for an arrest or detention
43
Procedural due process
Judicial standard requiring that fairness e applied to all individuals equally
44
Warrant
Doc used by judge authorizing a search warrant
45
Probable cause
Reasonable belief that a crime has been committed or that there is evidence of criminal activity
46
Exclusionary rule
Rule that evidence obtained w/o a warrant is inadmissible in court (Mapp v. Ohio)
47
Grand jury
Group of citizens who decide whether or not the person should have criminal charges + tried in court
48
Double jeopardy
Protects an individual acquitted of a crime from being charged w/the same crime again in the same jurisdiction
49
Self-incrimination
Individuals cannot be compelled to give testimony that leads to criminal charges against them
50
Miranda rights
Right to remain silent + attorney present during questioning
51
Bail
An amount of money posted as a security to allow the charged individual to be freed awaiting a trial
52
Americans with Disabilities Act
Guarantees that people w/disabilities are not discriminated against in employment, buying goods + services, participating in govt programs
53
Unfunded mandate
Mandates that the govt doesn’t give states the $ to change
54
Equal protection clause
Used to protect the civil rights of Americans from discrimination based on race, national origins, religion, gender, and other characteristics
55
“Separate but equal”
Racial segregation was conditional so long as the facilities for blacks and whites were equal
56
Legal segregation
The separation by law of individuals based n their race
57
De jure segregation
The separation of individuals based n their characteristics (race) intentionally and by law
58
De facto segregation
A separation of individuals based on characteristics that Aries not by law but because of other factors, such as residential housing patterns
59
NAACP
National Association for the Advancement for Colored People
60
Affirmative Action
A policy designed to address the consequences of previous discrimination by providing special consideration to individual based upon their characteristics (race/gender) - some say this reverses discrimination
61
Civil Rights Act of 1957
First piece of civil rights legislation to pass since Reconstrucion
62
Civil disobedience
Intentional refusal to obey a law to call attention to its injustice
63
Civil Rights Act of 1964
Legislation outlawing racial segregation in schools + public places and authorizing the attorney general to sue individual school districts that failed to desegregate
64
Voting Rights Act of 1965
Legislation outlawing literacy tests and authorizing the Justice Department to send federal officiers to register voters in uncooperative cities, countries, + states
65
24th amendment
Abolished + forbids the fed and state govt from imposing taxes on voters during fed elections
66
19th amendment
Constitutional amendment granting women the right to vote
67
Title IX
Legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in some programs
68
ERA
Equal Rights amendments —> failed
69
Rational basis test
Court must determine whether a law is rationally related to a legitimate govt interest

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