Chapter 4 Flashcards
civil rights
things concerning a more equitable and fair society
civil liberties
things to inhibit government encroachment and usually to defend the bill of rights (first 10 amendments)
Thomas Jefferson on human rights
took the words of John Locke, derives inalienable human rights from nature
article 1 (section 9)
prohibits bills of attainders, ex post facto laws, and limits Congressional powers to suspend writ of habeas corpus
Were the Federalists cool with the Constitution without the additional bill of rights?
for the most part, yes. Alexander Hamilton critiques that the Constitution doesn’t protect private lives as it regulates just political matters.
Anti-Federalists thoughts on Constitution and bills of rights and whatnot
they thought that the constitution wasn’t enough to do the job but and they thought that the bill of rights was a good idea. Robert Yates aka Brutus thinks that the government will undoubtedly expand (which it did by a lot).
Barron v. Baltimore
Supreme Court says that the bill of rights only applied to actions of the federal government.
Saenz v. Roe
protects the right to travel from one state to another
Sherbert v. Werner
states cant deny unemployment benefits who turned down the job because it required them to work on Sundays.
McDonald v. Chicago
incorporated the second amendment into state law
Near v. Minnesota
ruled against censorship with few exceptions
blue law
a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays
common-law right
a right of the people rooted in legal tradition and past court rulings, rather than the Constitution
conscientious objector
a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion
establishment clause
the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion
exclusionary rule
a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime
free exercise clause
the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices
prior restraint
a government action that stops someone from doing something before they are able to do it (e.g., forbidding someone to publish a book he or she plans to release)
probable cause
legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial
search warrant
a legal document, signed by a judge, allowing police to search and/or seize persons or property
Sherbert test
a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the “least restrictive means” possible
symbolic speech
a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)
obscenity
acts or statements that are extremely offensive by contemporary standards
double jeopardy
a prosecution pursued twice at the same level of government for the same criminal action
economic liberty
the right of individuals to obtain, use, and trade things of value for their own benefit
eminent domain
the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment
Miranda warning
a statement by law enforcement officers informing a person arrested or subject to interrogation of his or her rights
plea bargain
an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial
self-incrimination
an action or statement that admits guilt or responsibility for a crime
Patriot Act
a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)
right to privacy
the right to be free of government intrusion
undue burden test
a means of deciding whether a law that makes it harder for women to seek abortions is constitutional
