Chapter 3 Flashcards
What are civil liberties?
The individual freedoms guaranteed by the Constitution that limit government.
What are civil rights?
The freedom of groups to participate fully in the public life of a nation; protected by the government primarily in the Thirteenth, Fourteenth, and Fifteenth, Nineteenth, and Twenty-sixth Amendments.
What is the Bill of Rights?
Ten amendments to the Constitution that explicitly limit government by protecting individual rights against it.
What are natural rights?
The idea that one is born with a set of rights that no government can take away.
What is the Fourteenth Amendment?
The 1868 constitutional amendment ensuring that southern states did not deny those free from enslavement their rights as citizens.
What is incorporation?
The Supreme Court action making the protections of the Bill of Rights applicable to the states.
What is the establishment cause?
The First Amendment guarantee that the government will not create and support an official state church.
What is the free exercise clause?
The First Amendment guarantee that citizens may freely engage in the religious activities of their choice.
What is the Lemon test?
The three pronged rule used by the courts to determine whether the establishment clause is violated.
What are accommodationists?
People who want to support “all” religions equally.
What are seperationists?
People who want a separation between state and church.
What is marriage equality?
The idea that marriage should not be reserved for heterosexual couples and that all marriages should be equal before the law.
What is freedom of expression?
The ability to express one’s views without government restraint.
What is freedom of assembly?
The right of the people to gather peacefully and to petition government.
What is sedition?
Speech that criticizes the government in order to promote rebellion.
What are fighting words?
Speech intended to incite violence.
What is libel?
Written defamation of character.
What is slander?
Spoken defamation of character.
What is the clear and present danger test?
The rule used by the courts that allows language to be regulated only if presents an immediate and urgent danger.
What is the imminent lawless action test?
The rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action.
What is the Miller test?
The rule used by the courts in which the definition of obscenity must be based on local standards.
What are prior restraint?
Censorship of or punishment for the expression of ideas before the ideas are printed or spoken.