civil lib and rights Flashcards

1
Q

4th amendment

A

prohibits unreasonable searches and seizures

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2
Q

bill of rights

A

addresses 2 types of checks and potentials abuse of governmental power: civil liberties and civil rights

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3
Q

civil liberties

A

phrased as negative, what government cannot do

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4
Q

civil rights

A

obligations, what government must do

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5
Q

Barron v. Baltimore

A

1833, under 5th amendment, restraining power of the general government, not as applicable to state;
- dual citizenship: citizen to the state and national government

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6
Q

overturn of barron v. baltimore

A

1868, all persons born or naturalized in the us and subject to the jurisdiction thereof, are citizens of the us and of the state wherein they reside

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7
Q

brown v. board

A

1954| black students had been denied admittance to public schools based on laws allowing public education to be segregated by race; violation of the Equal Protection Clause of the 14 Amendment.

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8
Q

lemon test

A

government assistance to religious institutions is constitutional if:
1. gov aid has a secular purpose
2. its effects dont advance or inhibit religion
3. doesn’t entagle gov and rel inst

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9
Q

RFRA

A

Religios freedom restoration act - requires a compelling reason for the gov to require an individual to obey law if it violates its religios beliefs

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10
Q

libel

A

written statement that disregards truth and damages victim

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11
Q

slander

A

oral statement that disregards truth and damages victim

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12
Q

due process

A

citizens must be treated according to law

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13
Q

exclusionary rule

A

prohibits evidence obtained during an illegal search from being introduced in a trial, 4th amendment

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14
Q

miranda rule

A

requires that people under arrest are informed of their legal rights

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15
Q

takings clause

A

protects citizens against the taking of private property without just compensation

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16
Q

eminent domain

A

the power of gov to take private property for a public use

17
Q

right to privacy

A

9th amendment

18
Q

equal protection clause

A

14th amendment

19
Q

separate but equal rule

A

public accomodations could be segregated by race but still equal

20
Q

de jure segregation

A

racial segregation that is a direct result of law or official policy

21
Q

de facto segregation

A

racial segregation that is not a direct result of law or gov policy but a reflection of residential patterns income distributions or other social factors

22
Q

intermediate scrutiny

A

test used by sc in gender discrimation,