Chapter 4 - Civil Liberties Flashcards
Summarize What are Civil Liberties?
Summarize Securing Basic Freedoms
Summarize the Rights of Suspects
Summarize Interpreting the Bill of Rights
Define Civil Liberties and Civil Rights
Define Common Law Right
Define Establishment Cause
What is the difference between civil liberties and civil rights?
Civil liberties protect individuals from government interference, while civil rights involve protections against discrimination and ensure equal treatment under the law.
What is the doctrine of selective incorporation?
It is a legal principle through which the Supreme Court has applied most of the Bill of Rights’ protections to the states using the Fourteenth Amendment’s Due Process Clause.
How does the Supreme Court interpret the right to privacy?
While not explicitly mentioned in the Constitution, the Court has recognized a right to privacy through various amendments, as established in cases like Griswold v. Connecticut.
What protections does the Fourth Amendment provide?
The Fourth Amendment protects against unreasonable searches and seizures and requires a warrant supported by probable cause.
What rights are guaranteed to suspects under the Fifth Amendment?
The right against self-incrimination, protection against double jeopardy, and the right to due process.
How does the Eighth Amendment protect individuals?
It prohibits excessive bail, excessive fines, and cruel and unusual punishment.
What is the “lemon test” established in Lemon v. Kurtzman?
A three-part test to determine if a law violates the Establishment Clause: it must have a secular purpose, not advance or inhibit religion, and avoid excessive government entanglement with religion.
