Civil Liberties Flashcards
The Crown v Zenger
Legal case in the colony of New York that is considered a precursor to free press provisions in the Constitution. The case did not set legal precedent, but did reflect a difference between British authorities and colonists with regard to press freedom.
Civil Liberties
The personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial,or judicial interpretation
Civil Rights
The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals
Bill of Rights
The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties
Ninth Amendment
Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist
Tenth Amendment
The final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people
Fourteenth Amendment
One of three major amendments enacted after the Civil War extending “equal protection of the law” to all citizens
Due Process Clause
Clause contained in the fifth and fourteenth Amendments over the years, it has been construed to guarantee a variety of rights to individuals
Substantive Due Process
Judicial interpretation of the fifth and fourteenth Amendments due process clauses. Protects citizens from arbitrary or unjust state or federal laws
Sedition Laws
Laws that make it illegal to speak or write any political criticism that threaten to diminish respect for the government and its laws or public officials. State sedition laws were overturned as a result of the 1925 Gitlow Supreme Court decision
Gitlow v New York
A Supreme Court case that extended the First Amendment protections of freedom of speech and of the press to the state governments.
Incorporation Doctrine
An interpretation of the Constitution holding that the due process clause of the 14th Amendment requires state and local governments to guarantee the rights state and local governments to guarantee the rights stated in the Bill of Rights
Selective Incorporation
A judicial doctrine whereby most, but not all, protections found in the Bill of Rights and made applicable to the states via the 14th amendment
Fundamental Freedom
Those right defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review
Warren Court
The period in Supreme Court history during which Earl Warren served as Chief Justice, noted for its many rulings expanding civil liberties and civil rights
Earl Warren
The 14th Chef Justice of the United States who served from 1953 to 1969 and led the court through an important liberal phase; previously a Republican governor and vice presidential nominee
First Amendment
Part of the Bill of Rights that imposes a number of restriction on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition.
Established Clause
The first clause of the First Amendment; is directs the national government not to sanction an official religion.
Free Exercise Clause
The second clause of the first amendment; it prohibits the U.S. government from interfering with a citizen’s right to practice his or her religion
Lemon Test
Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues
Prior Restraint
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment
Alien and Sedition Act
Laws passed in 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government
Abolitionist
A supporter, especially in the early nineteenth century of an end to the institution of slavery
Abraham Lincoln
16th president of the U.S., the first elected Republican president, who served from 1861-1865. Lincoln, who led the Union during the Civil War, was assassinated in 1865 by a confederate sympathizer, John Wilkes Booth