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Government > Ch 4 Civil Liberties > Flashcards

Ch 4 Civil Liberties Flashcards

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1
Q

Civil Liberties

def? how are they shown? ex?

A

protections FROM the government
Bill of Rights (1st 10 amendments): the things the gov. CAN’T do or take away from you
Ex) Freedom of Speech

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2
Q

Civil Rights

def? how are they shown? ex?

A

protections BY the government
Freedom from discrimination: the things the gov. is obligated to ensure & protect for you
Ex) Voting rights

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3
Q

What acts as a shield from the Federal Govs imposition while protections, privileges & individual freedoms are expected and citizenry results?

A

The Bill of Rights

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4
Q

Bill of Rights is thought to be what?

A

redundant (unnecessary)

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5
Q

Why did ppl want the Bill of Rights? What was the packed made to ratify the Constitution?

A

wanted reinforcement bc rights could be abridged by interpretation of limited document (constitution)
packed-> give constitution, we’ll give Bill of Rights

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6
Q

Why did they think the Bill of Rights was unnecessary?

A

“states” were not believed to be something ppl need protection FROM
(fear suppression from fed. gov., local gov. = friends and neighbors)

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7
Q

what amendment began nationalizing the Bill of Rights?

A

14th

-ensure states had to imply same rules as fed. gov.

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8
Q

14th Amendment

A

(Bill of Rights nationalized by this after Civil War)

  • no state shall make or enforce any law which shall abridge the privileges & immunities of CITIZENS of the U.S.
  • > no state shall make or enforce any law that may deprive any PERSON of life liberty or property w/o due process
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9
Q

what is due process?

A

your right to air your grievances & take to court

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10
Q

What acted as a shield from the State Government’s imposition (mistreatment)? what resulted from the shield?

A

14th amendment = shield

the people resulted

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11
Q

1st Amendment included what 5 principles?

A 
speech
press
peaceable assembly
petition
religion
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12
Q

1st Amendment: Speech

what does this entitle? 2 examples

A
  • total freedom of thought
  • limited/qualified freedom of speech (not total freedom to say anything)
  • more limited freedom of action
    • ex) can’t threaten associated w/ violence/hate (like burning cross)
    • ex) can’t yell fire in theater
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13
Q

1st Amendment: Press

what does this mean?

A

can use mediums to express political will (like speech but public)

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14
Q

1st Amendment: Peaceable Assembly

what does this mean?

A

allowed to gather & protest

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15
Q

1st Amendment: Petition

what does this mean?

A

bring grievances to gov/authorities, sign on problem & we want change (good, like ballot)

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16
Q

1st Amendment: Religion

2 clauses?

A 
Establishment clause (gov would never have right to establish a fully American religion (only 1))
Exercise clause (within bounds of practicality, free to exercise/believe in one's own religion)
17
Q

Separation of church and state

example of a church? what does this mean?

A

The Good Church of Road-kill & Tequila

-probably legal, but all religions have degrees of legitimacy

18
Q

Separation of church and state

who decides which religions & practices are legitimate?

A

Catholicism, eat blood and flesh of founder

been around for along time-> legitimate

19
Q

what do all religions have?

A

all have a leap of faith (ex: resurrection)

20
Q

How separate are church and state

what does the state give to parochial schools? what test is carried out to aid them?

A

$$ aid to parochial schools
Lemon Test- okay for gov to aid w/ $ to parochial schools as long as schools funding aren’t confined to specific religion

21
Q

Separation of church and state

what sayings prove we are not as separate as Jeffersons wall ?

A

“In God We Trust”
“God” fearing/respecting elected officials
…one nation under God…

22
Q

Separation of church and state

how does the gov. decide legitimacy?

A

Tax exemption: 501C

  • operate like business but don’t pay profit (non-profit)
    • raise & disperse a lot of $ (like Catholic church)
23
Q

Court Test for Protected v. Anti-Government Speech

Clear & present danger test?

A

Clear & Present Danger Test- Schenck (1919)

  • what ppl were saying (protesting WW1 American involvement) was so anti-patriotic that it posed a risk to society
  • allow more leeway now
24
Q

Court Test for Protected v. Anti-Government Speech

direct incitement test?

A

Direct Incitement Test- Brandenburg (1969)

  • can say whatever you want, but if you engage in something that inspires violence, you can be held accountable for it
  • ex) KKK arguing Jews are bad, get Jews & murder some & family sued klan causing them to dissemble)
25
Q

Symbolic Speech

def? ex?

A

symbols, signs, & certain activities are generally protected by 1st amendment
-activities protected, demonstrating views (like bumper stickers) (respectful protesting, points of view)

26
Q

Due Process & the rights of the accused

what are the due process amendments?

A

due process rights- procedural guarantees provided by the 4th, 5th, 6th, & 8th Amendments (due process amendments)

27
Q

4th amendment considerations

A

protection against “unreasonable” searches & seizures

  • open field doctrine: expectation of privacy
    • we believe private areas aren’t part of gov involvement (not guaranteed but expect it)
    • exec. -> judicial to approve (how reason is defined)
28
Q

What Act were ppl against dealing with the 4th amendment? why?

A

Patriot Act bc it exceeded what was reasonable (during 9/11 like checking phones and computers etc.)

29
Q

Articles vs Amendments?

A

Amendments were added to constitution

Articles were included in the Articles of Confederation

30
Q

4th amendment considerations
“Stop & Frisk”
what was it? did it violate this amendment?

A 
was consistent (not random) or w/ reasonable suspicion 
-police checks ex) check every 3rd car so considered constitutional
31
Q

Right to Privacy

3 major issues

A
  • Birth control (illegal until 1960s, ex: married couples, couldnt bardge into their bedroom)
  • Abortion (Roe v Wade, lived in state w/o abortion so all states allow) (privacy to own body) (revolved around 4th and 14th amendment)
  • Right to Die (doctor administers lethal drugs to you to help you die)(fed. could still come in & shut it down bc they decide whether you can die w/ dignity)
32
Q

Other protections for the accused

5th amendment

A

protection against self-incrimination & double jeopardy

33
Q

Other protections for the accused: 5th amendment

what is double jeopardy?

A

cannot be tried for same trial more than once

34
Q

Other protections for the accused: 5th amendment

what is self-incrimination?

A

Miranda law, law enforcement had right to remind ppl of 5th amendment

35
Q

Other protections for the accused

6th amendment

A

guarantees safe fair (speedy) jury-trial where one can confront his/her accusers

  • protect an anonymous force coming forward
  • seldom used
36
Q

Other protections for the accused

8th amendment

A

protection of freedom from cruel & inhumane punishment

  • death penalty ex.
  • crime should match the punishment is the idea
37
Q

Most sacred right of all?

A

1st amendment, right to remain ignorant (in the dark) bc ppl need to be aware (instead of adamant about politics)

38
Q 
summary of due process amendments
4th 
5th
6th
8th
A

4: protects us from unwanted search & seizures (Privacy)
5: guarantees that we don’t have to self-incriminate ourselves & protect us from double jeopardy
6: ensures we have a speedy trial of our peers
8: protects us from inhumane punishment

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