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
Americans with Disabilities Act
Prohibits discrimination based on disability
Obergefell vs Hodges
Same se marriage is protected under the Due Process and equal protection clauses of 14th Amend
Right to Privacy
The right to be left alone, a judicially created doctrine encompassing on individuals’ decision to use birth control or secure an abortion
The process by which the Supreme Court has chosen to apply the specific guarantees in the Bill of Rights is called
Selective Incorporation
in 1969 the Supreme COurt fashioned a new test for deciding what types of speech could be regulated by the gov. The new test made it more difficult to limit speech due to the requirements of imminent harm. The new test was called
Direct incitement
The Supreme Court has defined obscenity
Differently over time.
Current Mayor of SB
Cathy Murillo
Women were finally given the right to vote with the —- Amend.
19th
The Anti Slavery Society refused to
Accept women’s demands for equality
The passage of the Constitutional Amend that has generated more litigation that any other is…
14th Amen
in 1857 The US Supreme Court ruled that slaves were
Not US Citizens
Due Process Rights
Procedural guarantees provided by the 4th, 5th, 6th, and 8th Amend. For those accused of crimes
Exclusionary Rules
Judicially created the rule that prohibits police from using illegally seised evidence at trial
Civil Rights
Gov protected rights of individuals against arbitrary or discriminatory treatment by gov or individuals based on categories such as race, sex, national origin, age, religion, or sexuality =
Black Codes
Laws denying most leal rights to newly freed slaves passed by Southern States following Civil War
Jim Crow Laws
Laws enacted by Southern States that discriminated against blacks creating “white only” schools, theaters, etc.
Grandfather clause
Voting qualification that only allowed those whose grandfathers had voted the right to vote
Suffrage Movement
1920- rights for women to vote
Civil Rights Act of 1964
Legislation passed by congress to outlaw segregation in public facilities and racial discrimination in employment, edu, and voting; created the equal employment opportunity commission
De Jure Discrimination
Racial segregation that is a diet result of law or official policy
De Facto Discrimination
Racial discrimination that results from practice (such as housing patterns or other social factors) rather than the law
Equal Rights Amendment
Proposed Amend that would bar discrimination against women by federal or state gov.
Equal Employment Opportunity Commission
Fed agency created to enforce the Civil Rights Act of 1964, which forbids discrimination on the basis of race, creed, national origin, etc. In hiring, promotion, or firing
Title 9
Provision of the Edu Amend of 1972 that bars educational institutions receiving fed funds from discriminating against female students
Mexican American Legal Defense and Edu Fund
Mexicans fighting for the same rights Afr Americans fought for
Some of the Bill of Rights are not incorporated such as..
2nd and 3rd
Selective Incorporation
Bills of Attainder
You can’t be published with a trial
1st Amend
Freedom of Speech, Religion and Press
2nd Amend
Protects citizen’s right to bear arms
3rd Amend
Prevents Gov from placing troops in private homes.
4th Amend
Prevent gov from unreasonable search and seizure of the property of US citizens
5th Amend
Gives people the right to choose not to testify in court if they fell their own testimony will incriminate themselves
6th Amen
Guarantees a speedy trial and right to an attorney
7th Amend
Civil cases be tried by a lawyer
8th Amen
Prohibits excessive bail, fines, and cruel and unusual punishment
9th Amen
People have rights beyond whAt is in the constitution
10th Amend
Gives all power not given to the fed gov to the people or states
Civil War
Lincoln suspended free press and arrested editors critical of him.
What is protected by 1st Amend
- Prior Restraint
- Symbolic Speech
- Hate Speech, Unpopular Speech
Not Protected by 1st Amend
- Libel and Slander
- Fighting Words
- Obscenity and Pornography
Furman vs Georgia (1972)
Death penalty ruled cruel & unusual when given arbitrarily
McKleskey vs. Kemp (1987)
if it discriminates against African Americans, death penalty does not violate equal protection clause
14th Amend
guarantees equal protection under the law. (has created most litigation of any Amendment)
13th Amend
banned all forms of slavery and involuntary servitude.
15th Amend
give blacks the right to vote.
1966 National Organization for Women (NOW)
was formed to fight for equality
Engel Vs Vitale
Establishment Clause and school prayer
- prayer in school is allowed only if it is student initiated, student led, and voluntary
NY Times Co v. Sullivan
Court defined what is meant by libel and slander- Indiv must show that false statements were made with malice
Brown Vs Board of Edu
State laws that allow for separate but equal schools is unconstitutional under equal protection clause
Baker vs Carr
redistricting issues present justiciable questions, thus enabling federal courts to intervene in and to decide redistricting cases
