Units 4 Flashcards
Civil liberties
& where they are formally set down
The constitutional and other legal protections against government actions.
Our civil liberties are formally set down in the Bill of Rights
The constitutional and other legal protections against government actions. Formally set down in the Bill of rights
Civil liberties
Bill of Rights
The first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, speech, and the press, and they guarantee defendants’ rights
The first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, speech, and the press, and they guarantee defendants’ rights
Bill of Rights
Who is the final interpreter of the content & scope of our liberties
Supreme court
Who has the power to interpret the Constitution?
Supreme court
First amendment
Protects the fourth great liberties: freedom of religion, freedom of speech, freedom of the press and freedom of assembly
Protects the fourth great liberties: freedom of religion, freedom of speech, freedom of the press and freedom of assembly
First amendment
14th amendment
No state shall make or enforce any laws 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
No state shall make or enforce any laws 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
14th amendment
Due process clause
Part of the 14th amendment guaranteeing that people cannot be deprived of life, liberty, or property by the US or state governments without due process of law
Part of the 14th amendment guaranteeing that people cannot be deprived of life, liberty, or property by the US or state governments without due process of law
Due process clause
Incorporation doctrine
The legal concept under which the Supreme Court has nationalized the bill of Rights by making most of its provisions applicable to the states through the 14th amendment
The legal concept under which the Supreme Court has nationalized the bill of Rights by making most of its provisions applicable to the states through the 14th amendment
Incorporation doctrine
Establishment clause
Part of the first amendment stating that Congress shall make no law respecting an establishment of religion 
Part of the first amendment stating that Congress shall make no law respecting an establishment of religion
Establishment clause
Free exercise clause
First amendment provision that prohibits the government from interfering with the practice of religion

First amendment provision that prohibits the government from interfering with the practice of religion
Free exercise clause
Lemon test
The conditions under which the government can aid church related schools 
The conditions under which the government can aid church related schools
Lemon test
Engel v. Vitale
The 1962 Supreme Court decision holding that state officials violated the first amendment when they required that a prayer should be recited by public school children 
The 1962 Supreme Court decision holding that state officials violated the first amendment when they required that a prayer should be recited by public school children
Engel v vitale
Prior restraint
Government actions that prevent material from being published. Prior restraint is usually prohibited by the first amendment.
Government actions that prevent material from being published. It is usually prohibited by the first amendment.
Prior restraint
Shenck v. United States
The 1919 Supreme Court decision upholding the conviction of a socialist, who had urged resistance to the draft during World War I. Justice Holmes decided that government can limit speech if speech provokes “a clear and present danger”
The 1919 Supreme Court decision upholding the conviction of a socialist, who had urged resistance to the draft during World War I. Justice Holmes decided that government can limit speech if speech provokes “a clear and present danger”
Shenck v. United States
Libel
The publication of false and malicious statements that may damage someone’s reputation
The publication of false and malicious statements that may damage someone’s reputation
Libel
Symbolic speech
Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protected under the first amendment.
Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protected under the first amendment.
Symbolic speech
Commercial speech
Communication in the form of advertising, which can be restricted
more than other types of speech
Communication in the form of advertising, which can be restricted
more than other types of speech
Commercial speech
Probable cause
Reasonable grounds for believing that a person is guilty of a crime. In order to make a lawful arrest, the police must have probable cause 
Reasonable grounds for believing that a person is guilty of a crime. In order to make a lawful arrest, the police must have this
Probable cause
Exclusionary rule
The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional matter. The rule prohibits the use of evidence obtained through unreasonable search and seizure.
The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional matter. The rule prohibits the use of evidence obtained through unreasonable search and seizure.
Exclusionary rule
Fifth amendment
Design to protect the rights of people accused of crimes. It provides protection against double Jeopardy, self incermination, and punishment, without due process of law. 
Design to protect the rights of people accused of crimes. It provides protection against double Jeopardy, self incermination, and punishment, without due process of law.
Fifth amendment
Self incrimination
Being a witness against oneself. The fifth amendment forbids involuntary self incrimination.
Being a witness against oneself. The fifth amendment forbids involuntary self incrimination.
Self incrimination 
Sixth amendment
A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial. 
A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
Sixth amendment
Gideon v. Wainwright
The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The decision requires the government to provide a lawyer to anyone accused who is too poor to afford one. 
The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The decision requires the government to provide a lawyer to anyone accused who is too poor to afford one.
Gideon v Wainwright 
Plea-bargaining
A bargain stuck between a defendant’s lawyer and a prosecutor that the defendant will plead guilty to a lesser crime in exchange for the states’ promise not to prosecute the defendant for a more serious crime
A bargain stuck between a defendant’s lawyer and a prosecutor that the defendant will plead guilty to a lesser crime in exchange for the states’ promise not to prosecute the defendant for a more serious crime
Plea-bargaining
Eighth amendment
The constitutional amendment that forbids cruel and unusual punishment 
The constitutional amendment that forbids cruel and unusual punishment
Eighth amendment
Tinker v Des Moines Independent school district
Black armbands to oppose the Vietnam war
Freedom of speech, symbolic speech
Black armbands to oppose the Vietnam war
Freedom of speech, symbolic speech
Tinker v Des Moines Independent school district
McDonald v. Chicago
Georgia banned guns even though the second amendment protects guns
If the second amendment applies to state governments
Wisconsin v Yoder
Amish people didn’t want to attend school past 8th grade due to religious purposes
Free exercise of religion
Amish people didn’t want to attend school past 8th grade due to religious purposes
Free exercise of religion
Wisconsin v Yoder
Schenk v United States
Schenk created Socialist party during war and was convicted for violating the Espionage Act
Free speech
created Socialist party during war and was convicted for violating the Espionage Act
Free speech
Schenck v. United States
Espionage act
Makes it a crime to be disloyal or refuse participation or duty in the military
or to obtain information relating to America’s national defense with the intent to use it
Makes it a crime to be disloyal or refuse participation or duty in the military
Espionage act
New York Times co. vs U.S
Newspaper published classified reports during the Vietnam war and ran the risk of violating the espionage act
Freedom of press
Newspaper published classified reports during the Vietnam war and ran the risk of violating the espionage act
Freedom of press
New York times co. v. US
Fourteenth amendment
Equal protection under law for all
Equal protection under law for all
Fourteenth amendment
Mcculloch v Maryland
Congress established a national bank
Maryland taxed the bank and said it was unconditional
National bank is “necessary and proper” in order to carry out enumerated powers
-necessary and proper clause, implied powers, commerce clause
Congress established a national bank
Maryland taxed the bank and said it was unconditional
National bank is “necessary and proper” in order to carry out enumerated powers
-necessary and proper clause, implied powers, commerce clause
Mcculloch v Maryland
United States v. Lopez
Lopez walked into school carrying a weapon
Charged with violating federal law: Gun Free School Zones Act
Lopez challenged court stating that schools were controlled by state governments, not the federal government
Ruled that congress overstepped its power under the commerce clause
Lopez walked into school carrying a weapon
Charged with violating federal law: Gun Free School Zones Act
Lopez challenged court stating that schools were controlled by state governments, not the federal government
Ruled that congress overstepped its power under the commerce clause
United States v Lopez
