Chapters 10/11: Civil Liberties & Civil Rights Flashcards
District of Columbia v. Heller (2008)
the 2nd Amendment protects an individual’s right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home
Due process
- Guarantees that the government cannot take a person’s basic rights to “life, liberty, or property, without due process of law.”
- Designed to protect citizens from actions taken by state government, counties, towns, and cities
Just compensation clause
- Paid to property owners for the legal seizure of personal property or land
- “nor shall private property be taken for public use, without just compensation”
McDonald v Chicago (2010): Facts/background
- In 2010, retired resident Otis McDonald attempted to legally purchase a handgun for personal defense, claiming his neighborhood had become unsafe due to an increase of gang activity and drug dealers
- A city-wide handgun ban, issued in 1982, prevented McDonald from purchasing a handgun
- He sued the city, claiming his 2nd Amendment rights had been violated
McDonald v Chicago (2010): Constitutional clause
2nd Amendment
McDonald v Chicago (2010): Holding
- State could not impede their citizens’ right to keep and bear arms under the 2nd Amendment
Selective incorporation
A process by which the Supreme Court incorporates provisions of the Bill of Rights into the 14th Amendment’s Due Process Clause, making them applicable to the states
Exclusionary rule
Evidence found in violation of the 4th Amendment can be excluded from trial
5th Amendment
An individual can’t be compelled to give incriminating information about themselves to law enforcement
Gideon v Wainwright (1963): Facts/background
- In 1963, Clarence Gideon was arrested after breaking and entering into a pool hall and stealing money
- Since Gideon was poor, he could not afford an attorney. At the time, Florida law only provided attorneys to defendants in capital cases. Gideon had to defend himself in court, and was convicted
- In jail, Gideon petitioned for a writ of certiorari, claiming his 6th Amendment rights had been denied
Gideon v Wainwright (1963): Constitutional clause
6th Amendment
Gideon v Wainwright (1963): Holding
- The Court ruled to incorporate the 6th Amendment, making it binding on the states for all criminal defendants
Miranda v Arizona (1966)
Suspects must be informed of their rights as a defendant when apprehended by police or when interrogated
Procedural due process
The manner in which a law is carried out
Public safety exception
The protection of citizens is above the procedural protections of suspects
6th Amendment
The right to a public trial by jury, and the right to an attorney
Right to privacy
A right not expressly mentioned in the Constitution but can be found in the penumbras of the 1st, 3rd, 4th, and 9th Amendments
Roe v Wade (1973)
State laws preventing a woman from obtaining an abortion in her first trimester of pregnancy are unconstitutional, based on the right to privacy
Substantive due process
Places substantive limits on what liberties the government can take away