Unit 5 Flashcards
Define the 1st Amendment
- freedom of religion (among the most consistently protected civil liberties)
- freedom of expression (press)
- freedom of assembly (protest)
- right to petition (gov. can regulate time, place, & manner)
Define the 2nd Amendment
right to bear arms
Define the 4th Amendment
PROTECTS AGAINST UNREASONABLE SEARCHES BY THE POLICE
the right of people to be secure in their persons, houses, and papers, against unreasonable SEARCHES & SEIZURES, shall not be violated
- Miranda Rights
- Double Jeopardy (can’t be convicted for the same crime 2x)
- Exclusionary Rule (illegally obtained evidence can’t be used in trial, MAPP V. OHIO 1961)
Define the 5th Amendment
an individual cannot be compelled by the government to provide incriminating information about herself
- people don’t have to self-incriminate
- “I plead the 5th”
- can’t take away life, liberty, or property without DUE PROCESS
MIRANDA V. ARIZONA (1966)
Define the 6th Amendment
guarantees the
- rights of criminal defendants,
- right to a public trial without
unnecessary delay
- the right to a lawyer
- the right to an impartial jury
- the right to know who your accusers
are
(PRETRIAL RIGHTS)
Define the 14th Amendment
- granted citizenship to all persons “born or naturalized in the United States,”
- EQUAL PROTECTION CLAUSE (how civil liberties apply to the states as well)
- “[no State shall] deprive any person
of life, liberty, or property, without
due process of law”
- “[no State shall] deprive any person
What are Civil Liberties?
C. established freedoms that protect citizens, opinions, & property from arbitrary (random choice/personal whim) rather than reason) GOV. interference
What are Civil Rights?
rights that guarantee individuals freedom from DISCRIMINATION by the GOV. & OTHER PEOPLE
- about equality
Wisconsin v. Yoder (1972)
(Religion): Compelling Amish students to attend school past 8th grade violates the free exercise clause
- opened the door to homeschooling
What’s the Lemon Test? What amendment does it relate to?
Determines whether a practice violates the establishment clause under the FIRST AMEND.
- established in Lemon v. Kurtz
Define Tinker v. Des Moines School District (1969)
- FRQ
Students may wear armbands to protest the Vietnam War (SYMBOLIC SPEECH, PROTECTED)
- students were not disruptive and did not infringe upon the rights of others and so, therefore, were protected under the FIRST and FOURTEENTH AMENDS.
Slander & Libel
Slander: spoken false statements that damage a person’s reputation
Libel: written slander
Define McDonalds v. Chicago (2010)
2nd Amendment right to keep and bear arms for self-defense in one’s home is applicable to the states through the 14th Amend.
- EQUAL PROTECTION CLAUSE (14th Amend.)
- applied the Second Amendment to the states.
Define Gideon v. Wainwright (1963)
- FRQ
Guaranteed the right to an attorney for the poor or indigent for felony offenses
- also protects the right to a speedy & public trial by an IMPARTIAL jury in criminal cases
- SIXTH AMEND.
What are Privacy Rights?
liberties protected by the Bill of Rights that shield some personal aspects of citizens’ lives from gov. interference
- abortion rights (ROE V. WADE, 1972), gay rights, etc.
Define Engel v. Vitale (1962)
- public school had a policy of making students participate in daily school prayer
- parents sued
- SCOTUS said the school violated the ESTABLISHMENT CLAUSE (1st AMEND)
What is the Establishment Clause?
- no gov. can ESTABLISH a religion as the official st. religion
- no gov. can force people to engage in religious exercises
Define Plessy v. Ferguson (1896)
st. imposed segregation DID NOT violate the 14th Amend. as long as the public facilities were “SEPERATE BUT EQUAL”
- doctrine was struck down by Brown v. Board of Education (1954)
Define Brown v Board of Education (1954)
- FRQ
race-based school segregation violates the 14th Amend.’s EQUAL PROTECTION CLAUSE
What was the Voting Rights Act (1965)?
fed. law that banned racial discrimination in voting
- SCOTUS struck down an important part in 2013, making it easier for sts. to implement discriminatory practices
What was the Civil RIghts Act (1964)?
fed. law that outlawed discrimination based on race, color, ethnicity, gender, religion, national origin, etc. in public accommodations engaged in interstate commerce (i.e. hotels, theaters, restaurants, etc.)
What is the Exclusionary Rule?
evidence taken illegally from a search is not admissible in court (expands 4th Amend. protections against police action)
- invasion of privacy
What is the Exclusionary Rule?
evidence taken illegally from a search is not admissible in court (expands 4th Amend. protections against police action)
- invasion of privacy
- MAPP V. OHIO (1961)
Define Roe v. Wade (1972)
- FRQ
the constitution protects a pregnant woman’s liberty to choose to have an abortion without excessive gov. restriction
- RIGHT TO PRIVACY (not directly tied to any one amendment)
Define Mapp v. Ohio (1961)
the U.S. Supreme Court ruled that under the 4th and 14th Constitutional amendments, illegally seized evidence could not be used in a state criminal trial
- EXCLUSIONARY RULE
Define Miranda v. Arizona (1966)
an arrested individual is entitled to rights against self-discrimination and to an attorney under the 5th and 6th Amendments of the United States Constitution
- MIRANDA RIGHTS (“You have the right to remain silent, anything you say can and will be used against you in a court of law . . . )
What is Selective Incorporation?
a constitutional doctrine that ensures that states cannot create laws that infringe on or take away the constitutional rights of citizens
- 14th Amend., Equal Protection Clause
What is the Equal Protection Clause?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law
- Civil Liberties protection applies to the states as well
- FOURTEENTH AMENDMENT
Define Obergefell v. Hodges (2015)
Legalized same-sex marriage
- 14the Amendment (Equal Protection Clause)
- Right to Privacy?
What is the Direct Incitement Test?
the government can only restrict speech when it’s likely to result in imminent lawless action, such as inciting mob violence
- yelling “fire” in a crowded theater
- replaced the “Clear and Present Danger” Test
The clear and present danger test allows the government to
limit some political speech but only when it may cause significant harm to others.
Due Process Rights are contained in the ________, _________, __________, & _________ Amends.
Fourth, Fifth, Sixth, and Eighth
