civil lib and rights

Question 1

4th amendment

Answer 1

prohibits unreasonable searches and seizures

Question 2

bill of rights

Answer 2

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

Question 3

civil liberties

Answer 3

phrased as negative, what government cannot do

Question 4

civil rights

Answer 4

obligations, what government must do

Question 5

Barron v. Baltimore

Answer 5

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

Question 6

overturn of barron v. baltimore

Answer 6

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

Question 7

brown v. board

Answer 7

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.

Question 8

lemon test

Answer 8

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

Question 9

RFRA

Answer 9

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

Question 10

libel

Answer 10

written statement that disregards truth and damages victim

Question 11

slander

Answer 11

oral statement that disregards truth and damages victim

Question 12

due process

Answer 12

citizens must be treated according to law

Question 13

exclusionary rule

Answer 13

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

Question 14

miranda rule

Answer 14

requires that people under arrest are informed of their legal rights

Question 15

takings clause

Answer 15

protects citizens against the taking of private property without just compensation

Question 16

eminent domain

Answer 16

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

Question 17

right to privacy

Answer 17

9th amendment

Question 18

equal protection clause

Answer 18

14th amendment

Question 19

separate but equal rule

Answer 19

public accomodations could be segregated by race but still equal

Question 20

de jure segregation

Answer 20

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

Question 21

de facto segregation

Answer 21

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

Question 22

intermediate scrutiny

Answer 22

test used by sc in gender discrimation,