Chapters 4 and 5 Quiz Flashcards
What are civil liberties?
Constitutionally established rights to a person or their property. Considered negative liberty.
What is negative liberty?
Freedom from external restraint on one’s actions
What are civil rights?
The rights and privileges guaranteed equally to all citizens. Considered positive liberty.
What is positive liberty?
The possession of the capacity to act upon one’s free will.
What is due process?
Legal safeguards that prevent the government from arbitrarily depriving citizens of life, liberty, and property.
What is selective incorporation?
The process the Supreme Court has to apply fundamental liberties to the states.
What are the protections guaranteed by the constitution?
Habeas corpus, prohibition against bills of attainder, Ex post facto laws, and trial by jury.
What is Habeas corpus?
Brings an individual before the courts and they are told of their detention.
What are bills of attainder?
Laws that declare a person guilty without a trial.
What is an ex post facto law?
Retroactive laws. A person cannot be charged retroactively with a crime.
What is the 4th Amendment?
No illegal searches and seizures; person and property laws.
What is the 5th Amendment?
Rights of the Accused; no self-incrimination, no double jeopardy, due process
What is the 6th Amendment?
Protections of the Accused; right to a speedy & public trial, impartial jury, legal counsel, confront witnesses
What is the 9th Amendment?
Rights not listed
What is the 13th Amendment?
Prohibition against slavery
What is the 14th Amendment?
Due Process and Equal Protection of Law; Applies due process to everyone
What is the 15th Amendment?
No one can deny citizens the right to vote based on their race or previous condition of servitude.
What are ways to test if speech falls under protected speech of the 1st Amendment?
Clear and Present Danger Test, Imminent Lawless Action Test (Incitement), and Symbolic Speech
What is the Clear and Present Danger Test?
The government can only silence people if there’s a clear and present danger to the public.
What is the Imminent Lawless Action Test (Incitement)?
A person can say most things (even hate speech) unless they mean to incite violence or the words they use can incite violence.
What is Symbolic Speech?
Allows picketing and flag burning and posits that these actions are considered freedom of speech.
What are examples of unprotected speech?
Commercial Speech, Libel/Slander, Obscenity, Time, Place, and Manner Restrictions, and Speech that is likely to bring about public chaos.
What is the Establishment Clause?
Bars the government from advocating for a certain religion.
What is the Free Exercise Clause?
The government cannot condemn a person for their religion or lack thereof.
What is the Lemon Test?
Lemon v. Kurtzman; the case law that set the precedent by which private schools get money. It states that any advancement of religion must be incidental, and not a principal effect of the program. It also states that there should be no excessive entanglement between state and church.
What is considered not permissible in regard to public funding when it comes to private schools?
Parochial school salaries and textbooks.
What is considered permissible in regard to public funding when it comes to private schools?
Parochial school busing, computers, and vouchers.
What are inherent characteristics?
Individual attributes: race, national origin, religion, gender, and sexual orientation.
What is Roe v. Wade?
Established the 14th Amendment for legalized abortion.
What is civil disobedience?
If someone views that their rights have been violated, then they rebel against the government. Non-violent.
What are Jim Crow Laws?
Laws that required the separation of racial groups.
What is a White Primary?
Only white people could vote in the primary election.
What is a Literacy Test (in regard to voting)?
A test to determine the eligibility to vote.
What is a Poll Tax?
Essentially paying all taxed when it comes time to vote.
What is the Grandfather Clause?
A clause that exempted peoples whose ancestors had voted before 1870.
What did Plessy v. Ferguson case establish?
Created the separate but equal doctrine.
What did the Brown v. Board of Education of Topeka case establish?
Segregated schools are considered unconstitutional.
