Ch 4 Civil Liberties Flashcards
Civil Liberties
def? how are they shown? ex?
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
Civil Rights
def? how are they shown? ex?
protections BY the government
Freedom from discrimination: the things the gov. is obligated to ensure & protect for you
Ex) Voting rights
What acts as a shield from the Federal Govs imposition while protections, privileges & individual freedoms are expected and citizenry results?
The Bill of Rights
Bill of Rights is thought to be what?
redundant (unnecessary)
Why did ppl want the Bill of Rights? What was the packed made to ratify the Constitution?
wanted reinforcement bc rights could be abridged by interpretation of limited document (constitution)
packed-> give constitution, we’ll give Bill of Rights
Why did they think the Bill of Rights was unnecessary?
“states” were not believed to be something ppl need protection FROM
(fear suppression from fed. gov., local gov. = friends and neighbors)
what amendment began nationalizing the Bill of Rights?
14th
-ensure states had to imply same rules as fed. gov.
14th Amendment
(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
what is due process?
your right to air your grievances & take to court
What acted as a shield from the State Government’s imposition (mistreatment)? what resulted from the shield?
14th amendment = shield
the people resulted
1st Amendment included what 5 principles?
speech press peaceable assembly petition religion
1st Amendment: Speech
what does this entitle? 2 examples
- 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
1st Amendment: Press
what does this mean?
can use mediums to express political will (like speech but public)
1st Amendment: Peaceable Assembly
what does this mean?
allowed to gather & protest
1st Amendment: Petition
what does this mean?
bring grievances to gov/authorities, sign on problem & we want change (good, like ballot)
1st Amendment: Religion
2 clauses?
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)
Separation of church and state
example of a church? what does this mean?
The Good Church of Road-kill & Tequila
-probably legal, but all religions have degrees of legitimacy
Separation of church and state
who decides which religions & practices are legitimate?
Catholicism, eat blood and flesh of founder
been around for along time-> legitimate
what do all religions have?
all have a leap of faith (ex: resurrection)
How separate are church and state
what does the state give to parochial schools? what test is carried out to aid them?
$$ 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
Separation of church and state
what sayings prove we are not as separate as Jeffersons wall ?
“In God We Trust”
“God” fearing/respecting elected officials
…one nation under God…
Separation of church and state
how does the gov. decide legitimacy?
Tax exemption: 501C
- operate like business but don’t pay profit (non-profit)
- raise & disperse a lot of $ (like Catholic church)
Court Test for Protected v. Anti-Government Speech
Clear & present danger test?
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
Court Test for Protected v. Anti-Government Speech
direct incitement test?
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)
Symbolic Speech
def? ex?
symbols, signs, & certain activities are generally protected by 1st amendment
-activities protected, demonstrating views (like bumper stickers) (respectful protesting, points of view)
Due Process & the rights of the accused
what are the due process amendments?
due process rights- procedural guarantees provided by the 4th, 5th, 6th, & 8th Amendments (due process amendments)
4th amendment considerations
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)
What Act were ppl against dealing with the 4th amendment? why?
Patriot Act bc it exceeded what was reasonable (during 9/11 like checking phones and computers etc.)
Articles vs Amendments?
Amendments were added to constitution
Articles were included in the Articles of Confederation
4th amendment considerations
“Stop & Frisk”
what was it? did it violate this amendment?
was consistent (not random) or w/ reasonable suspicion -police checks ex) check every 3rd car so considered constitutional
Right to Privacy
3 major issues
- 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)
Other protections for the accused
5th amendment
protection against self-incrimination & double jeopardy
Other protections for the accused: 5th amendment
what is double jeopardy?
cannot be tried for same trial more than once
Other protections for the accused: 5th amendment
what is self-incrimination?
Miranda law, law enforcement had right to remind ppl of 5th amendment
Other protections for the accused
6th amendment
guarantees safe fair (speedy) jury-trial where one can confront his/her accusers
- protect an anonymous force coming forward
- seldom used
Other protections for the accused
8th amendment
protection of freedom from cruel & inhumane punishment
- death penalty ex.
- crime should match the punishment is the idea
Most sacred right of all?
1st amendment, right to remain ignorant (in the dark) bc ppl need to be aware (instead of adamant about politics)
summary of due process amendments 4th 5th 6th 8th
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
