Ch 4: Civil Liberties Flashcards
Civil rights
The government protected rights of individuals against arbitrary or discriminatory treatment by governments are individuals
Civil liberties
The personal guarantees and freedoms that the government cannot abridge by law, Constitution, or judicial interpretation
bill of rights
First 10 amendments to the U.S. Constitution which largely guarantee specific rights and liberties
Ninth amendment
Part of the Bill of Rights that makes it clear that enumerative rights in the Constitution or Bill of Rights does not mean that others do not exist
10th amendment
The final part of the Bill of Rights that defines a basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or the people
Due process clause
Clause contained in the fifth and 14th amendments over the years it has been constructed to guarantee a variety of rights to individuals
Substantive due process
Judicial interpretation of the fifth and 14th amendments due process clauses that protects citizens from arbitrary or unjust state or federal laws
Incorporation doctrine
An interpretation of the Constitution holding that the due process clause of the 14th amendment requires state and local governments to guarantee the rights stated in the Bill of Rights
Selective incorporation
A judicial doctrine whereby most, but not all protections found in the bill of rights are made applicable to the states via the 14th
Fundamental freedoms
Those rights defined by the court as essential to order liberty and justice and therefore entitled to a higher standard of review
First Amendment
Freedom of religion speech press assembly and petition
Establishment clause
The first clause of the First Amendment, it directs the national government not to sanction an official religion
Free exercise clause
Second clause of the First Amendment, prohibits the US government from interfering with a citizens right to practice his or her religion
Lemon test
Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues
Prior restraint
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact, generally held to be in violation of the First Amendment
Clear and present danger test
Schenck v. U.S. (1919) Drew the line between protected and unprotected speech, can’t yell fire in a crowded theater
Direct incitement test
Bradenburg v. Ohio (1969) The first Amendment protects advocacy of legal action unless imminent lawless action is intended and likely to occur
Symbolic speech
Symbols signs and other methods of expressions generally considered to be protected by the First Amendment
Hate speech
any communication that belittles a person or group on the basis of characteristics
Libel
False written statement that defames a person’s character
Slander
Untrue spoken statements that Defame the character of the person
New York Times v. Sullivan (1964)
Case in which the Supreme Court concluded that actual malice must be proven to support a finding of libel against a public figure
Fighting words
Words that by their very utterance inflict hurt, or tend to incite an immediate breach of peace; not subject to the restrictions on the First Amendment
Writs of Habeas Corpus
Prisoners have a right to know what charges are being made against them
Ex post facto law
Law that makes the act punishable as a crime even if the action was legal at the time it was committed
Bill of attainder
A law declaring an act illegal without a judicial trial
Fourth amendment
Search and seizure of property, search warrant
Fifth Amendment
Right to a trial, no double jeopardy rate to compensation for taking the government
Miranda v. Arizona (1966)
Individuals who arrested for a crime must be advised of the Fifth Amendment rights
Miranda rights
Statements required of the police to inform the suspect of his or her constitutional rights protected by the Fifth Amendment
Double Jeopardy Clause
Part of the fifth amendment that protects individuals from being tried twice for the same offense in the same jurisdiction
Exclusionary rule
Prohibits police from using illegal seized evidence at a trial
Sixth amendment
Right to a speedy trial by jury
Eighth amendment
Prohibits cruel and usual punishment
Right to privacy
Right to be left alone
Roe v. Wade (1973)
A woman’s right to an abortion was protected by the right to privacy
