Civil Librties - Unit 2 Flashcards
What are Civil Liberties?
Civil liberties protect individuals from government actions. (The Bill of Rights and 14th amendment “Due Process Clause”
What are Civil Rights?
Civil Rights protect groups from discrimination from the government. ( 14th amendment “Equal Protection Clause” or business)
What does the Establishment Clause do?
It forbids government establishment of religion.
What does the Free Exercise Clause do?
It prevents the government from interfering with the exercise of religion.
What is Strict Scrutiny?
Law or policy must be justified by a “compelling government interest” as well as being the least restrictive means for achieving that interest.
What are the Free Expression Clauses in the 1st amendment?
The press and speech clauses.
What is the clear and present danger test?
a means by which the Supreme Court has distinguished between speech as the advocacy of ideas, which is protected by the 1st amendment, and speech as in incitement (Unlawful), which is not protected.
What are fighting words?
Fighting words is speech that inflicts injury or incites an immediate disturbance in peace. This is not protected by the 1st amendment.
What is obscenity and is it protected by the constitution?
Obscenity is material that is seen as disgusting or offensive. It is not protected by the constitution.
What is Libel?
Written defamation of character.
The Constitution was originally written to set limits on the ___ government and ___ governments.
It was written to set limits to the Federal government and the state governments.
What is the Bill of Attainder?
a law that pronounces an individual guilty of crime without trial.
What is Ex Post Facto Law?
a law that declares an action to be criminal after it’s been performed. (Green shirt ex)
What is an Obligation of contracts?
the obligation of parties to a contract to carry out its terms.
What is incorporation?
Incorporation is applying the Bill of Rights to the states
What is selective incorporation?
Selective incorporation is applying the Bill of Rights to the states of a case to case basis.
What are the two meanings of the Due Process Clause?
- Requires government to adhere (follow) to appropriate procedures.
- Forbids unreasonable government action
What are the Criminal Procedures?
- Right to an attorney
2. Unreasonable search and seizure
What are Miranda warnings?
Miranda Warnings are statements concerning rights that police are. required to tell a person before they are sentenced to custody or questioning.
What did the court rule about the death penalty?
The court ruled that the death penalty is not necessarily a cruel or unusual punishment.
