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civil liberties
civil lberties
| Question | Answer |
|---|---|
| Civil liberties | protecting individual citizens from abuse of government power |
| 14th's due process 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 |
| selective incorporation | the piecemeal process through which the supreme court has affirmed that almost all of the protection in the bill of rights also apply to state governments |
| Incorporation | applying the bill of rights to the states |
| Establishment clause | 1st amendment congress shall make no state religion |
| free exercise clause | 1st amendments congress congress shall not ... prohibit the free exercise thereof |
| lemon test | government can assist religion only if (1) the primary purpose of the assistance is secular, (2) the assistance must neither promote nor inhibit religion, and (3) there is no excessive entanglement between church and state |
| freedom of expression | ones ability to say/wear anything to represent themselves and their ideologies |
| clear and present danger test | does this expression cause harm or panic |
| prior restraint | the suppression of material before publication on the grounds it might endanger national security |
| symbolic speech | the use of symbols and objects to represent oneself |
| libel | an untrue written statement that injures a person's reputation |
| Slander- | a untrue spoken expression that injures a person's reputation |
| Obscenity and pornography- | words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit |
| Ex post facto laws | - laws criminalizing conduct that was legal at the time it occurred |
| Bills of attainder- | a law passed by congress punishing an individuals without a trial |
| Writ of habeas corpus- | a document setting out reasons for an arrest or detention |
| Procedural due process- | a judicial standard requiring that fairness be applied to all individuals equally |
| substantive due process | asks the question of whether the government's deprivation of a person's life, liberty or property is justified by a sufficient purpose |
| Warrant- | a document issued by a judge authorizing a search |
| Probable cause- | reasonable belief that a crime has been committed or that there is evidence of criminal activity |
| Exclusionary rule- | a rule that evidence obtained without a warrant is inadmissible in court |
| good faith exception | a small mess up in the process is overlooked because it was not done on purpose |
| Grand jury- | a group of citizens who based on the evidence presented to them, decide whether or nor a person should be indicted on criminal charges and subsequently tried in court |
| Double jeopardy- | protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction |
| Miranda rights- | the right to remain silent and to have an attorney present during questioning these rights must be given by police to individuals in custody suspected of criminal activity |
| Bail- | an amount of money posted as a security to allow the charged individual to be freed while awaiting trial |
| penumbras | the implied protection of a right under a more broad constitutional protection. such as the right to privacy |
| Engel vs vitale | school prayer is unconstitutional |
| Wisconsin vs yoder | 3 amish fathers wanted to take out children from school because it went against their religion however it was illegal, SCOTUS said it was allowed |
| Schneck vs USA | Man passed out pamphlets saying to dodge draft, was arrested under the espionage act, SCOTUS determined that this showed clear and present danger thus not qualified for freedom of speech |
| Tinker vs Des Moines | students wore arm bands to protest vietnam war in school and were punished, SCOTUS determined that this was symbolic speech and was thus not allowed to be punished |
| McDonald vs chicago | selectively incorporated the right to own and bear arms in states |
| Gideon vs wainwright | broke into a pool hall, did not have attorney for florida trial, SCOTUS determined that 6th amendment applies to states as well meaning people have a right to a lawyer |
Created by:
Soaper