Fuck that Unit Two bitch in the bitch Flashcards
Civil Liberties
The personal guarantees and freedoms that the federal gov’t can not abridge by law, construction, or judicial interpretation.
Civil Rights
The gov’t protected rights of individuals against arbitrary or as criminatory treatment.
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 reads “the enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retrained by the people.”
Due process clause
Clause contained in the fifth and fourteenth amendments, over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action.
Substantive due process
Judicial interpretation of the fifth and fourteenth amendments due process clause that protects citizens from arbitrary or unjust laws.
Incorporation doctrine
An interpretation of the constitution that holds that the due process clause of the fourteenth amendment requires that state and local gov’t also guarantee those rights.
Selective incorporation
A judicial doctrine whereby most but not all of the protections found in the bill of rights are made applicable to the states via the fourteenth amendment.
Fundamental freedoms
Those rights defined by the court to be essential to order; liberty and justice.
Establishment clause
The first clause in the first amendment; it prohibits the national gov’t from establishing a national religion.
Free exercise clause
The second clause of the first amendment, It prohibits the U.S. gov’t from interfering with a citizens rights to practice his or her religion.
Due process rights
Procedural guarantees provided by the fourth, fifth, sixth, and eighth amendments for those accused of crimes.
Miranda v. Arizona (1966)
A landmark supreme court ruling that held the fifth amendment requires that individuals arrested for a crime must be advised of their rights to remain silent and have a council present.
“Miranda” rights
Statements that must be said by the police informing a suspect of their rights.
Exclusionary rule
Judicially created rule that prohibits from using illegally seized evidence at a trial.