Honors Civil Liberties and Civil Rights Flashcards
Positive Rights (Civil Rights)
Rights that are given by the government that protect people from other people and entities; the government exerts protection over the people
Negative Rights (Civil Liberties)
Limitations on the government that protect the rights of the people; Only limits the government
Bill of Rights
First 10 Amendments of the Constitution; Ratified in 1791
1st Amendment
Imposed limits on the national government, not state governments
RAPPS
Religion, Assembly, Press, Petition, Speech
Freedom of Religion
Everyone has the right to practice his or her own religion, or no religion at all.
Example of Establishment Clause
Thomas Jefferson’s wall of separation: “I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should ‘make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between Church and State.”
Free Exercise Clause
Protects citizen’s right to practice their religion as they please and believe as they wish
Freedom of Speech
Freedom of speech was limited to only spoken words, until the freedom of expression, was created to expand the meaning. Speak without fear or risk of censorship or retaliation.
Types of Speech Protected by the Gov
- Hate Speech
- Political Ideologies
- Personal Grievances
- Artistic Expression
- Limitations can be placed on access to these items
Speech not Protected by the Gov
- Provoke violence (“fighting words”)
- Lead to criminal activity
- Sedition: urge the overthrow of the government by force
- “Clear and Present Danger” (words that put others in danger)
- Defamation: harm someone’s reputation with lies
Libel
printed or written lies
Slander
Spoken lies
Government censorship is not allowed, though limits on open broadcast have been made (FCC) such as,
- Threats to National Security
- Obscene Materials available to a general audience
- The definition of children’s entertainment
Freedom of Assembly
Americans can gather in groups for any reason, so long as the assemblies are peaceful; Government can make rules about when and where an assembly may take place, but cannot ban them
Example of Freedom of Assembly Case
National Socialist Party of America v. Village of Skokie (1977)
Freedom of Press
Citizens are allowed to publish/spread information, beliefs, thoughts, and opinions without censorship from the government
The government has some ability to censor this information only if:
- Threats to National Security
- Obscene Materials available to the general public
- Slander
- Classified information/ Private Undisclosed information
Freedom of Petition
Citizens are allowed to express their views to their government without fear of retaliation; often seen in modern times as Ballot Initiatives or Letters to Elected Officials
Freedom of Expression
The expansion of freedom of speech, which is not limited to spoken word. Expression without having fear of retaliation or censorship.
Limitations on the Freedom of Speech
the government may control the time, place, or manner for rallies for FOS
Exclusionary Rule
4th amendment derived protection; if evidence is illegally obtained, it cannot be used in trial
Good Faith Exception
make a reasonable mistake in conducting a search, evidence of a crime that they find as a result may be admissible
Exclusionary Rule Case Example
Mapp v. Ohio
Miranda Warnings
- You have the right to remain silent
- Anything you say can and will be used against you in a court of law
- You have the right to an attorney
- If you cannot afford an attorney, one will be provided for you
- Do you understand the rights I have just read to you?
- With these rights in mind, do you wish to speak to me
Eminent Domain
Government can take private property for public use as long as they compensate fairly
Double Jeopardy
People who are accused of a crime and found not guilty may not be put on trial again for the same crime
Cruel and Unusual Punishment
The police may not enforce any cruel or unusual punishment, and punishment must be proportionate to the crime
Due Process Clause
Rights/Citizenship can only be removed through a fair and legal process where individuals can defend themselves
- They can’t take your rights without Due Process
Selective Incorporation
a. Selective: only does one section of the bill of rights at a time
b. incorporation: includes one group that it had not included
c. slowly incorporate a bill into state law through specific laws that will become the right throughout adding more
d. your rights cannot be removed without due process
Engel v. Vitale
1962- Ruled it is unconstitutional for state officials to compose an official school prayer and encourage it recitation in public schools
Tinker v. Des Moine
1969- Ruling meant that school officials might not silence student expression just because they dislike it. They must reasonably forecast, based on evidence and not an “undifferentiated fear or apprehension of disturbance,” that the student’s expression would lead to either
McDonald v. Chicago
2010- Applied the 2nd amendment protections to limit state and local government laws as well as federal
Heller v. District of Columbia
2008- The first case to state the defense was covered by the 2nd amendment as a reason for owning a firearm and was protected
Mapp v. Ohio
1961- Evidence was illegally obtained and the police had violated the 4th amendment, so the evidence could not be used in court
Gideon v. Wainwright
1963- The court ruled that the state governments are held to the same standard as the federal government, therefore must guarantee due process and rights outlined in the 6th amendment
Miranda v. Arizona
1966- Ernesto Miranda was arrested and taken to the police station where he was interrogated on his connection with a rape and kidnapping case. The police obtained a written confession from him, but the police had never advised him about his 5th amendment right to counsel or an attorney.
He was found guilty and appealed to the Supreme Court of Arizona where they also found him guilty in a 5-4 ruling, and they decided the police did not violate his 5th Amendment right since he did not specifically request counsel
Furman v. Georgia
1972- The death penalty isn’t a violation of the constitution, it is unconstitutional because it is too broad. There isn’t a standardized set of rules for when the death penalty is supposed to be used
Gregg v. Georgia
1976- In response to Furman, a man sued the state after getting the death penalty, saying that the death penalty is unconstitutional based on Furman. The case ruled that the death penalty was in fact constitutional because Georgia rewrote its laws to fit the ruling of Furman
1st Amendment-
guarantees the five basic freedoms (RAPP)
2nd Amendment-
“A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
2nd Amendment Cases
Heller v. District of Columbia; McDonald v. City of Chicago
3rd Amendment
At the time, the amendment was added to the Bill of Rights to require colonists to house and feed British soldiers
Amendments 4-8
protect individuals when they are facing legal action
4th Amendment
Protects Americans against “unreasonable searches and seizures”; No official can search your home or take your property without probable cause; if the police think you may have committed a crime, they can ask a judge for a search warrant
4th Amendment Cases
Mapp v. Ohio; New Jersey v. T.L.O.
5th Amendment
protects the right of people accused of crimes; deals with indictments, self incrimination, due process, eminent domain, and double jeopardy
5th Amendment Cases
Miranda v. Arizona
6th Amendment
Deals with people accused of crimes
I. The accused :
1. Must be informed of charges
2. Must be allowed a speedy and public trial by an impartial jury
3. Must be tried in the area where the crime took place
4. Is entitled to a lawyer
5. Must be permitted to hear and question all witnesses
6. May call witnesses for his or her defense
7th Amendment
Concerns civil cases (lawsuits about disagreements between people); cases can be tried by a judge or jury; a jury can be requested if damage/award is over “$20”
8th Amendment
Forbids excessive bail and fines, as well as a cruel and unusual punishment
I. Punishment must be in proportion of the crime committed
9th Amendment
All rights not spelled out in the Constitution are “retained by the people”
I. Rights to travel
II. Rights to vote
III. Privacy (depends on the situation)
IV. Personal Autonomy
10th Amendment
Powers that are not spelled out in the Constitution are reserved for the states
14th Amendment
a. Citizenship Clause- all people born in the US are citizens
b. Privileges or Immunities Clause- laws cannot deny citizenship or rights
c. Due Process Clause- rights/citizenship can only be removed through fair legal process where individuals can defend themselves
d. Equal Protection Clause- all citizens must be equally treated
What is the difference between civil liberty and civil right?
Civil rights are protections set by the government to protect the people’s rights (can’t discriminate based on race, gender, etc., can’t stop somebody from voting, etc.). Civil liberties are eliminations on the government that protect the people’s rights (freedom of speech, Miranda rights, police can’t force you to talk, etc.
How does the first amendment protect religion?
Free Exercise Clause:
Americans have the right to practice their faith as they wish
Establishment Clause:
The government cannot establish an official religion in the US (separation of church and state)
What are the limitations put on the government when dealing with religious issues?
Interpretations:
I. Establishment means no official state religion, but no separation in the constitution
II. Separation is about limiting the oppression of faith and not encouraging the limitation of faith. The public discourse always includes faith.
III. Separation is clear, and there should be no overlap between government policy and religious practices or institutions.
What is the controversy over how to interpret the Establishment and Free Exercise Clauses of the First Amendment?
a. How we have to decide when it is a violation of other individuals rights
b. When is it Free Exercise
I. Examples
- School Prayer: when does that tip the balance
- When do public officials go from representing their own faith to being a representative
c. At what point does the free exercise of an individual infringe upon the free exercise clause?
What types of speech and expression are protected under the first amendment?
a. Protected: Hate Speech, Artistic Expression, Political Ideologies, Personal Grievances
ex. The coach praying on the football field
What are the limitations to freedom of speech within the United States?
Unprotected: Provoke Violence, Lead to Criminal Activity, Urge the Overthrow of the Government by Force (Sedition), Clear and Present Danger (yelling”fire” if there isn’t a fire), Defamation (libel: printed or written words; slander: spoken words)
How is the First Amendment’s Freedom of Speech misinterpreted?
People think that free speech applies to private organizations or people, but it only applies to the government and they can not do anything.
What is the controversy over how to interpret the Second Amendment?
a. What does it entail?
b. What does it cover?
c. What are all the different ways that you could translate this amendment?
d. The amendment is open the door for a bunch of different ways that you could interpret itThe 2nd amendment has poor wording that is very broad and people argue about who should be allowed to own guns..
e. It is super vague and broad so that many people will interpret it differently.
How are the rights of people accused of a crime protected under the US Constitution?
4th- 8th Amendment
How is the 8th Amendment controversial (Death Penalty and Punishments)?
a. When is it appropriate to implement the death penalty and when does it cross the Cruel and Unusual Punishment?
i. Death:
ii. Does the person deserve the dealth penalty?
iii. What are exceptable means?
iv. Is it vaguely applied?
What does the 9th Amendment Protect, and why is it important?
a. Right to travel
b. Right to vote
c. Privacy?
d. Personal Autonomy
I. All rights not spelled out in the Constitution are “retained by the people.”
II. It protects your rights not specifically spelled out in the Consitution
What does the 10th Amendment Protect, and why is it important?
a. Powers that are not spelled out in the constitution are state rights
b. This allowed for the states to have power and ensured that the constitution did not breach the state rights
Why is the 14th amendment considered so important in relation to the Bill of Rights?
a. It guaranteed that all the rights applied to every person, not just white, male, landowners.
b. It protected non-whites and did not give the power to the states to decide
Establishment Clause
The government cannot establish an official religion in the US; the basis for the separation of Church and State
