Chapter 15: Civil Liberties: The Struggle For Freedom Flashcards
What defines civil liberties?
Freedoms found primarily in the Bill of Rights, protected from government interference.
What are bills of attainder?
Laws declaring a person or people guilty of a crime or punishes them without a trial.
What are ex post facto laws?
Acts outlawing a previously legal activity, allowing the government to arrest someone for doing something that was legal at the time they did it.
What does the privileges or immunities clause in the Fourteenth Amendment specify?
No state “shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”
How are civil liberties nationalized?
Protections are gradually applied and interpreted by the Supreme Court through selective incorporation.
What is the imminent lawless action test?
The government is allowed to inhibit speech ONLY if it will lead to immediate danger and/or law breaking.
When is prior restraint applied in the press?
Before publication, rather than after.
What does the free exercise clause in the First Amendment state?
Federal & state governments may not impede on religious beliefs (does not include actions).
What does the establishment clause in the First Amendment state?
Congress may not establish an official religion.
The basis for seperating church and state.
What are the three conditions for a law to pass the Lemon test?
- The law must have a secular purpose.
- The primary effect of the law cannot advance nor impede religion.
- The law cannot foster excessive entanglements between church and state.
What does police need in order to be granted a search warrant?
A probable cause.
What does the exclusionary rule say in terms of evidence in Court?
Evidence illegally obtained may not be used in Court.
What defines a capital crime?
Any crime in which the death penalty can be imposed.
What is the “orginal intent” doctrine?
The courts must interpret the Constitution in ways consistent with how the framers intended.
What does the due process clause of the Fourteenth Amendment state?
States may not deprive anyone life, liberty, or property “without due process of law.”
Guarantee against arbitrary government action.
