Chapter 4: Civil Liberties Flashcards
Civil Liberty
Individual Rights protected by the Constitution against the power of the government
Writ Of Habeas Corpus
An order that requires an official to bring a specified prisoner into court and explain to the judge why the person is being held in jail
Bill Of Attainder
A legislative act that inflicts punishment on particular persons or groups without granting them the right to a trial
Ex Post Facto Law
A criminal law that punishes individuals for committing an act that was legal when the act was committed
Due Process Clause
The constitution guarantee, set out in the 5th and 14th Amendment, that the government will not illegally or arbitrarily deprive a person of life, liberty, and prooerty
Due Process Of Law
The requirement that the government use fair, reasonable, and standard procedures whenever it takes any legal action against an individual; required by the 5th and 14th Amendments
Establishment Clause
The section of the 1st Amendment that prohibits Congress from passing law’s “respecting an establishment of religion”
Free Exercise Clause
The provision of the 1st Amendment stating that the government cannot pass laws “prohibiting the free exercise of religion”
Lemon Test
A three-part test enunciated by the Supreme Court in the 1971 case of Lemon v. Kurtzman to determine whether government aid to parochial school is constitutional
School Voucher
An educational certificate, provided by a government, that allows a student to use public funds to pay for a private or a public school chosen by the student or his or her parents
Symbolic Speech
The expression of beliefs, opinions, or ideas through forms other than verbal speech or print; speech involving actions and other nonverbal expression
Sedition Speech
Speech that urges resistance to lawful authority or that advocates the overthrow of a government qI
Imminent Lawless Action Test
The current Supreme Court doctrine for assessing the constitutionality of subversive speech
Commercial Speech
Advertising statements that describe products
Libel
A published report of a falsehood that tends to injure a person’s reputation or character