Chapter 5: Civil Liberties Flashcards
Civil Liberties
The personal guarantees and freedoms that the federal government can;t abridge by law,constitution, or judicial interpretation
Civil Rights
The government protected rights of individual against arbitrary or discriminatory treatment
Due Process Clause
Clause contained in the 5th and 14th Amendment. Over the years, it as been constrained to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary government action.
Incorporation Doctorine
An interpretation of the Constitution that holds that the process clause of the 14th Amendment requires that state and local government also guarantee those rights
Selective Incorporation
A judicial doctrine whereby most but not all of the protections found in the Bills of Rights are made applicable to the states via the 14th Amendment
Establishment clause
The 1st clause if the 1st amendment; it prohibits the national government from establishing a national religion
Free Exercise Clause
The 2nd clause of the 1st Amendment; it prohibits the U.S. gov from interfering with a citizen’s right to practice his or her religion
Prior Restraint
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of 1st Amendment
Clear and Present Danger Test
Test articulated by the Supreme Court in Schenectady vs U.S. (1919) to draw the line between protected and unprotected speech; the court looks to see “whether words used” could “create a clear and present danger that they “bring about substantive evils: that congress seeks “to prevent”
Direct Incitement Test
A test articulated but Supreme Court in Brandenburg vs Ohio (1969) that holds advocacy of illegal action is protect by 1st Amend. Unless imminent lawless action is intended and likely to occur
Libel
False written statements or written statements tending to call someone’s reputation into disrepute
Slander
Untrue spoken statements that defame the character of a person
Incorporation Doctrine
An interpretation of the Constitution that holds the due process clase of the 14th Amend. Requires that state and local gov also guarantees those rights
Habeus Corpus
Order requiring a person under arrest to be brought before a judge or into court
Ex Post Facto Laws
Law passed after the fact, thereby making previously legal activity illegal and subject to current penalty; prohibited by U.S. Const.
Double Jeopardy
The prosecution of a person twice for the same offense
Establishment Clause
The 1st clause the 1st Amend, it prohibits the national; from establishing a national religion
Free Exercise Clause
The 2nd clause of the 1st Amend. It prohibits the U.S. gov from interfering with a citizen’s right to practice his or her religion
Brady Bill
A provision of US Fed law that requires a waiting period for handgun purchases and background checks on those who wish to purchase handguns
Miranda Vs. Arizona
The 5th Amend requires that individual arrested for a crime must be advised of their right to remain silent and have counsel present
Gideon vs Wainright
Granted indigents the right to counsel to “provide an attorney to those who can’t afford it”
Roe vs Wade
Supreme Court found a women’s right to an abortion was protected by the right to privacy could be implied from specific guarantees found in Bill of Rights
14th Amend
Grants Citizenship to all born or naturalized in US including former slaves
Plessy vs Ferguson
Plessy challenged a Louisiana Statute requiring railroads provide separate accommodation for black and whites. Court found that separate but equal accommodations didn’t violate the equal protection clause of the 14th Amend
Brown Vs Board of Education
US Supreme Court decision holding that school segregation is unconstitutional because it violates 14th Amend. Guarantee of equal protection; marked as end of legal segregation in US
Kormematsu vs US
in this court case the court rules that the internment of Japanese Americans during World War 2 wasn’t unconstitutional
Marbury vs Madison
Supreme Court Case in which the court is asserted the power of judicial review in finding that a congressional statue extending the court’s original jurisdiction was unconstitutional
John Marshall
Largely responsible for establishing Sup Courts vote in federal gov
1801
Writ of Certiorari
Orders of a higher court to a lower court to send all documents in case to it so the higher court can review the lower court’s decision
In Forma Pauperis
“In character fo manner of a pauper”
Ability of an indigent person to proceed in court without payment of the usual fees associated with a lawsuit or appeal
Rule of 4
At least 4 justices a of Supreme Court must vote to consider a case to it so the higher court can review the lower court’s decision
State Decisis
Courts look to past, similar issues to guide their decisions (precedent)
Alien and Sedition Acts
Resulted from French war because federalist feared disloyalty from aliens
- power to deport foreigners
- makes it harder for new immigrants to vote
