Other Things Flashcards
What are civil rights/liberties?
Protection from the government by the government.
To whom all rights guaranteed?
All persons
Rights are relative not absolute.
How far do your rights go?
Until you infringe on someone else’s rights
What are rights in conflict?
When two amendments contradict each other.
Shepard vs. maxwell
Freedom of press.
murdered wife.
Shepard wanted to change the venue.
Originally who did the amendments apply to?
Only the national level.
Gitlow vs. New York
1925, the first time they use the due process clause.
Name the three things about the due process clause.
- Originally only applied to the national level
- The Supreme Court interpreted
- 14568 applied to states
Procedural due process
The government must act fairly
Substantive due process
The government must use fair laws
Rochin v. California
Drug case. Cops need to treat us fairly, morphine pills, toilet.
Procedural due process
Police power
The power of states to protect and promote health, safety, morals, and general welfare.
Roe v. Wade
Legalized abortion, rules, restrictions.
Casey v. planned
Abortion case added restrictions, mandatory 24 hour waiting period.
The silent scream, parenthood of Pennsylvania 1992.
Three constitutional restrictions
1. Writ of habeas corpus
To prevent unjust imprisonment, also known as the writ of liberty.
