Chpt. 4 KTR Flashcards
Civil Liberties
- Individual freedoms that place limitations on power of government
- Bill of Rights
Civil Rights
- Extension of government action to secure citizenship rights for all members of society
- Equality; guaranteed by 13/14/15/19/26th Amendments
Habeas Corpus
Cannot fail to bing prisoners before a judge and info court they are being held/what evidence is against them
Bills of Attainder
Laws that single out any person or group as guilty and impose punishment without trial
Ex Post Facto
Laws that make an action a crime after the fact
Fourteenth Amendment
-Passed 1868; Constitution made it possible for Court to require states to protect basic liberties
Selective Incorporation
Selective incorporation of rights listed in Bill of Rights through the Fourteenth Amendment
Lemon Test
Justices decide how much entanglement there was between politics and religion; not used consistently
Free exercise clause
- First Amendment (Bill of Rights)
- Practice whatever religion you want
Minersville School Dist. v Gobitis
-1940: No salute; expelled; remained so because it promotes national uity
W. Virginia Board of Ed. v. Barnette
-1943: Jehovah’s witnesses no salute; expelled; overturned by Court
Religious Freedom Restoration Act
- RJRA; passed by Congres 1993
- Restored compelling state interest test for state action limiting religious bpractice
Compelling State Interest
-The state must show that it is necessary for some fundamental state purpose that religious freedom be limited
Sedition
Speech that criticizes government
Clear and present danger test
Focus on circumstances under which language was used; if used under threatening circumstances was not protected and Congress would not regulate (Oliver Wendell Holmes)
Imminent lawless action test
- Justice William O. Douglas in 1969
- Speech, except when linked with action, should be immune from prosecution
Freedom of assembly
Right to peaceably assemble and petition government for redress of grievances
Miller test
-Control to state legislatures to determine whether it depicts/describes offensive sexual conduct
Fighting words
Words whose express purpose is to create a disturbance and incite violence int he person who hears the speech
Political Correctness
-Language that demeans any group of individuals should be silenced
Prior restraint
Restriction on press before message is actually published
Libel
Written defamation of a character
Due process
- Laws must be reasonable and fair; those accused of breaking the law have right to appear before their judges to hear charges/evidence against them, legal counsel
- RIGHT TO FAIR TRIAL (14th and 5th)
Fourth Amendment
- No unreasonable search and seizure
- Must have probable cause for a waarant
