Unit 3: Civil Liberties and Civil Rights Flashcards
The first 10 Amendments that outline most of our Civil Liberties are called the […]
The first 10 Amendments that outline most of our Civil Liberties are called the** Bill of Rights**
The 1st Amendment has the […] which says the government will not establish a religion
The first amendment has the Establishment Clause which says the government will not establish a religion
The 1st Amendment has the […] which says that people can choose what religion they practice
The 1st Amendment has the Free Exercise which says that people can choose what religion they practice
There is a […] between church and state that the government must protect
There is a Wall of Separation between church and state that the government must protect
Freedom of speech can be regulated if there is a […] such as protecting a war
Freedom of speech can be regulated if there is a Clear and Present Danger such as protecting a war
Freedom of Speech can be regulated if it is extremely […]
Freedom of Speech can be regulated if it is extremely Obscene Speech
Freedom of speech can be protected even when it is […] such as wearing an armband
Freedom of speech can be protected even when it is Symbolic Speech such as wearing an armband
[…] is not protected as Freedom of Speech if it is printing outright lies to damage someone
Libel is not protected as Freedom of Speech if it is printing outright lies to damage someone
Libel needs to have […] or it would instead be considered an accident
Libel needs to have **malicious intent **or it would instead be considered an accident
The government does not have the right to […] or it cannot tell a newspaper to NOT publish something before its published
The government does not have the right to Prior Restraint or it cannot tell a newspaper to NOT publish something before its published
The right to own a gun under the […] Amendment has […] over time
The right to own a gun under the 2nd Amendment has grown over time
[…] Amendment questions have arisen with the torture and lack of due process that has ocurred in Guantanamo Bay
**8th **Amendment questions have arisen with the torture and lack of due process that has ocurred in Guantanamo Bay
[…] Amendment questions have arisen with the surveiling of cell phone data by the NSA
4th Amendment questions have arisen with the surveiling of cell phone data by the NSA
No Unreasonable Search and Seizure
14th Amendment […] Clause allowed Supreme Court to apply Bill of Rights to cities/states through the process of […]
14th Amendment Due Process Clause allowed Supreme Court to apply Bill of Rights to cities/states through the process of Incorporation
The gradual incorporation of rights to apply to cities/states is called […] as it took place over many years
The gradual incorporation of rights to apply to cities/states is called Selective Incorporation as it took place over many years
Because of 4A and the […], any evidence found during an illegal search cannot be used in court
Because of 4A and the Exclusionary Rule, any evidence found during an illegal search cannot be used in court
Statements obtained without a warning of rights can sometimes be used if there was an emergency where people needed to be protected - […]
Statements obtained without a warning of rights can sometimes be used if there was an emergency where people needed to be protected - Public Safety Exception
Right to fair procedure and life, liberty, and property in 5 A is […]
Right to fair procedure and life, liberty, and property in 5 A is Due Process Clause
Right to fair procedure and life, liberty, and property on a state level in 14 A is […]
Right to fair procedure and life, liberty, and property on a state level in 14 A is Due Process Clause
Right to be treated equally to others in 14 A is […]
Right to be treated equally to others in 14 A is Equal Protection Clause
Liberal Courts have created the […] when protecting rights to marriage and family planning although it is not directly outlined in the constitution
Liberal Courts have created the Right to Privacy when protecting rights to marriage and family planning although it is not directly outlined in the constitution
[…] was a law establishing straight marriages as the only legal right but is overturned by […]
Defense of Marriage Act was a law establishing straight marriages as the only legal right but is overturned by Obergefell v. Hodges
[…] would have enshrined equal rights between men and women in the constitution but did not pass
Equal Rights Amendment would have enshrined equal rights between men and women in the constitution but did not pass
[…] Amendment enshrined women the right to vote constitutionally
19th Amendment enshrined women the right to vote constitutionally
[…] bans the federal government from discriminating based on sex in publicly funded schools/universities
**Title IX **bans the federal government from discriminating based on sex in publicly funded schools/universities
[…] outlawed discrimination based on race, color, religion, sex, or national origin
Civil Rights Act of 1964 outlawed discrimination based on race, color, religion, sex, or national origin
[…] grants the right to naturalized citizenship and due process (created post-slavery to grant citizenship to those who were formerly enslaved)
14th Amendment grants the right to naturalized citizenship and due process (created post-slavery to grant citizenship to those who were formerly enslaved)
[…] grants right to vote regardless of race
15th Amendment grants right to vote regardless of race
States avoided 15A by creating […] which deny those whose grandfather didn’t vote, […] which required a test to vote, and […] which was an additional tax to vote
States avoided 15A by creating Grandfather Clause which deny those whose grandfather didn’t vote, Literacy Test which required a test to vote, and Poll Tax which was an additional tax to vote
[…] ends slavery with the exception for punishment of a crime
13th Amendment ends slavery with the exception for punishment of a crime
[…] of the Civil Rights Act of 1964 prohibits discrimination in public places, including businesses
Title II of the Civil Rights Act of 1964 prohibits discrimination in public places, including businesses
[…] prohibits poll taxes
24th Amendment prohibits poll taxes
When states redistrict, they sometimes create […] which gives more representation to a minority, this is illegal if it is race-based
When states redistrict, they sometimes create Majority-Minority Districts which gives more representation to a minority, this is illegal if it is race-based
Recruiting people while considering minority status is called […] but cannot be the only consideration as ruled in […]
Recruiting people while considering minority status is called **Affirmative Action **but cannot be the only consideration as ruled in Regents of UC v. Bakke
[…] in 5A says that the government cannot take property without Just Compensation
Takings Clause in 5A says that the government cannot take property without Just Compensation
[…] in Article IV of the Constitution states that the Federal government has more power over the State government
Supremacy Clause in Article IV of the Constitution states that the Federal government has more power over the State government
[…] in 4A says that there must be no unreasonable search or seizure
Search or Seizure Clause in 4A says that there must be no unreasonable search or seizure
[…] grants powers not granted to the federl gov to the states
Reserved Powers Clause grants powers not granted to the federl gov to the states
[…] in Article IV of Const. prohibits the state from discriminating against a citizen of another state
Privileges and Immunities Clause in Article IV of Const. prohibits the state from discriminating against a citizen of another state
[…] of Article IV of Const. says that states must recognize acts, decisions, and records of another state.
Full Faith and Credit Clause of Article IV of Const. says that states must recognize acts, decisions, and records of another state.
[…] of Article IV of Const. says that states must send back the accused to the state they may have broken the law in for a trial
Extradition Clause of Article IV of Const. says that states must send back the accused to the state they may have broken the law in for a trial
[…] in Article I of the Const. states that Congress cannot punish those who broke a law before a law was passed
Ex Post Facto Clause in Article I of the Const. states that Congress cannot punish those who broke a law before a law was passed
