chapter 4 Flashcards
civil liberties
the constitutional and other legal protections against government actions. our civil liberties are formally set down in the bill of rights
establishment clause
part of the 1st amendment stating that “congress shall make no law respecting an establishment of religion.”
free exercise clause
a 1st amendment provision that prohibits government from interfering with the practice of religion”
right to privacy
the right to a private personal life free from the intrusion of government
exclusionary rule
the rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner. the rule prohibits use of evidence obtained through unreasonable searches and seizure.
due process
part of the 14th amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the u.s or state governments without due process of law
us v lopez
- federal government exceeded its authority under the commerce clause when it passed a law prohibiting gun possession in a school zone
- helps preserve federalism
- commerce clause
mcdonald v chicago
- mcdonald and others sued the city of chicago for banning hanguns which went against the 2nd amendment
- the right to possess a handgun in the home for the purpose of self-defense is applicable to the states through the Fourteenth Amendment’s due process clause
- 2nd amendment, 14th amendment
prior restraint
government actions that prevent material from being published.
miranda rule
the rights of which an arresting officer must advise the person being arrested (as the right to remain silent, to have an attorney present, and to have an attorney appointed if indigent)
selective incorporation
a constitutional doctrine that protects American citizens from states enacting laws that could infringe upon their rights
