gov unit 3 vocab Flashcards
civil liberties
protections the Constitution provides against government power/abuse; due process
civil rights
protecting certain groups against discrimination through legislation; equal protection
bill of rights
first ten amendments focused on civil liberties
1st amendment
religion, speech, press, assembly, petition
establishment clause
from first amendment; government can’t show religious preference or establish a religion
free exercise clause
from first amendment; citizens can express their religion freely
limits on freedom of speech
“clear and present danger” test
clear and present danger test
imminent threats are not allowed :/
prior restraint
not allowed to censor press preeminently unless there is a great national security threat that the government can prove
2nd amendment
“…necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed”
4th amendment
unreasonable searches NOT allowed
5th amendment
government CANNOT make you testify against/incriminate yourself; right to remain silent; federal government CANNOT deprived anyone of life, liberty, or property without due process of law
6th amendment
criminal defendant rights; right to a speedy trial, an attorney, impartial jury, knowing your accusers, nature of the charges, and evidence against you
8th amendment
no cruel and unusual punishment
14th amendment
equal protection clause ON TOP
selective incorporation
legal “incorporation” to the States down from federal policy; ex, Bill of Rights is federal, which influences Giant Rulings which “incorporates” those policies down to States
due process clause
no state can deprive a citizen of life, liberty, or property without due process of law
right to privacy (9th amendment)
implicit citizen’s rights, but unlisted rights are reserved to the people; taken to be a right to privacy
Griswold (Planned Parenthood) v Conneticut (1965)
original establishment of the right to privacy; protected the privacy rights of married couples and struck down contraceptive ban
Roe v Wade (1973)
Women’s right to privacy; federal pro-abortion law
Dobbs v Jackson Women’s Health Care Organization (2022)
overturned Roe v Wade; federalism, gave abortion law decision back to states
exclusionary rule
cannot use illegally obtained evidence in a trial
equal protection clause
can’t take away citizen’s rights and must grant people equal protection, made with anti-discriminatory intentions; “nor deny to any person within its jurisdiction the equal protection of the laws”
Civil Rights Act of 1964
no discrimination in public places
Title IX
no sex-based discrimination in schools
Voting Rights Act of 1965
cannot discriminate against voters based on race
affirmative action
intended to increase minorities in workforce/schools; usually through quotas