civil lib and rights Flashcards
4th amendment
prohibits unreasonable searches and seizures
bill of rights
addresses 2 types of checks and potentials abuse of governmental power: civil liberties and civil rights
civil liberties
phrased as negative, what government cannot do
civil rights
obligations, what government must do
Barron v. Baltimore
1833, under 5th amendment, restraining power of the general government, not as applicable to state;
- dual citizenship: citizen to the state and national government
overturn of barron v. baltimore
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
brown v. board
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.
lemon test
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
RFRA
Religios freedom restoration act - requires a compelling reason for the gov to require an individual to obey law if it violates its religios beliefs
libel
written statement that disregards truth and damages victim
slander
oral statement that disregards truth and damages victim
due process
citizens must be treated according to law
exclusionary rule
prohibits evidence obtained during an illegal search from being introduced in a trial, 4th amendment
miranda rule
requires that people under arrest are informed of their legal rights
takings clause
protects citizens against the taking of private property without just compensation