z: ch 4 final Flashcards
civil liberties
the legal constitutional protections against the abuses of government (individuals v government)
civil rights
for groups of people who are being discriminated by the government etc
selective incorporation
a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens. the federal government limiting states lawmaking powers
14th amendment
equal protection and due process. no state can deprive a person of life, liberty, or property protects citizens of their privileges and immunities.
equal protection
states cannot unreasonably discriminate against individuals(race, sex, age)
due process
part of the 14th amendment guaranteeing that persons cannot be deprived of life, liberty or property by the U.S. or state governments w/o due process of the law
1st amendment
RAPPS freedom of speech religion press assembly and petition the government
prior restraint
a government preventing material from being published (ex: troop movement)
clear and present danger
adopted under the supreme court to determine limits on the 1st amendment (don”t scream fire in a theater)
libel
the publication of false or malicious statements that damage someone’s reputation
slander
spoken false or malicious statements that damage someone’s reputation. must prove that act was done with malice
obscenity
miller v california defined
- appeals to a prudent lustful interest in sex
- showed potentially offensive sexual contact
- lacks serious library, artistic, political or scientific value
establishment clause
congress shall make no law respecting the establishment of religion. no national religion
the free exercise clause
prohibited government from interfering with the practice/non-practice of religion. some religion PRACTICES may conflict with others rights then they can be denied or punished.
2nd amendment
right to keep and bear arms–> not fully incorporated to the states
- d.c v heller
- united states v lopez
3rd amendment
no quartering of troops
4th amendments
unreasonable searches and seizure are illegal. right to privacy
probable cause
a justsble reason to believe a person should be arrested
unreasonable search and seizure
evidence is obtained in a haphazard/random manner
exclusionary rule
the rule that evidence/no matter how incriminating cannot be introduced into trail of it was not constitutionally obtained
5th amendment
protects against self-incrimination, double jeopardy, and due process, as well as a right to a grand jury (unless there is war)
- barron v baltimore
- korematsu v us
- miranda v arizona
- palko v conneticut
self-incrimination
i plead the 5th. suspects cannot be forced to help in their own conviction by giving confessions
eminent domain
power of the government to take private property for public use
double jeopardy
you cannot he tried for the same crime twice
6th amendment
CRIMINAL CASESright to a speedy trial right to an impartial jury and right to a lawyer
right to counsel
the state just provide lawyers in most criminal cases and trial by an impartial jury
habeas corpus
those who are arrested have the right be brought before a judge and have their case heard
7th amendment
CIVIL CASES right to a jury, lawyer etc
9th amendment
protects rights not specifically said in the constitution.—> more to right to privacy
10th amendment
powers not delegated to federal government is delegated to the states.
impermissible speech
obscenity, libel/slander and clear and present danger
freedom of religion supreme court cases
engle v vitale
lemon v kurtzman
freedom of expression supreme court cases
texas v johnson buckley v valeo dennis v us gitlow v new york miller v california schenk v us tinker v des moine
lemon test (establishment clause)
- secular legislative purpose
- should not advance nor inhibit religion
- it must not cause excessive entanglement with religion
8th ammendment
free from cruel and unusual punishment
- death penalty(only for 1st degree murder) –>varies by state
- colorado is a death penalty state
- furman v georgia
- gregg v georgia
