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GOV Civil Liberties
| Term | Definition |
|---|---|
| 14th Amend | selective incorporation - laws for federal courts should apply for state and local courts as well |
| due process | laws and procedures must be reasonable, fair and regular |
| establishment clause | no one religion over the others (Engel v. Vitale) |
| Incorporation Doctrine | provisions of Bill of Rights applicable to the states through the 14th Amend - selective incorporation |
| types of expression (1) | pure speech/press |
| types of expression (2) | "speech plus" - demonstrations and protests - they have time, manner and place restrictions by gov't |
| types of expression (3) | "Symbolic" - not stated or written, like clothes (Tinker v. Des Moines) |
| Restrictions to Free Speech | if there is a clear and present danger, if there is a war going on and national security matters more, obscenity, fraud, true threats (Schenck v. US), (NY Times v. US) |
| libel | written expression that defames a person's reputation - usually false information |
| slander | spoken expression that defames a person's reputation - usually false information |
| Free Exercise Clause | you can choose and practice whatever religion, unless it endangers others' health or is a criminal law in the name of religion (Wisconsin v. Yoder) |
| 1st Amend | religion - freedom of expression and freedom of exercise |
| 2nd Amend | right to bear arms - individual and collective rights (McDonald v. Chicago) |
| Individual Rights to 2nd Amend | "Right of the people to keep and bear arms" - people possess for self-defense |
| Collective Rights to 2nd Amend | "A well and regulated militia" - People possess in connection with militia service |
| 4th Amend | Search and Seizure - search warrant and Probable Cause, Exclusionary Rule (Mapp v. Ohio) |
| 5th Amend | Can't self incriminate, no double Jeopardy, have a Grand Jury - indictment(Miranda v. Wainwright) |
| 6th Amend | right to counsel, must be competent and reasonable, one must be appointed if the defendant cannot afford one, speedy trial (within 100 days) (Gideon v. Wainwright) |
| 8th Amend | No Cruel and Unusual Punishment - no excessive bail (death penalty cases and what is deemed inhumane is by state) |
| Exclusionary Rule (4th Amend) | evidence may only be used if collected legally - otherwise it's inadmissible evidence |
| Grand Jury (5th Amend) | group of people selected to sit on a jury that decide whether the prosecutor's evidence provides probable cause to issue an indictment. |
| Indictment (5th) | a formal charge or accusation of a serious crime |
| Rights of the Accused | 4th, 5th, 6th, and 8th Amends |
| Right to Privacy | implied but not specifically stated in the Const - protection from government intrusion (Griswold v. Connecticut), (Roe v. Wade) |
| Civil Rights | policies design to protect people from discriminatory treatment by gov't or individuals - protected by 14th Amend Equal Protection Clause |
| Civil Liberties | legal constitutional protection against gov't action - protected by 14th Amend Due Process Clause |
| who can establish courts | federal and state governments - most cases are tried in state courts |
| how many in a jury | 12 |
| Article 3 | created the Supreme court and lower courts determined by law |
| District Courts | 94 districts, original jurisdictions - courts determined the facts about a case in the trial court |
| US Courts of Appeal | 12 circuits, Appellate Jurisdiction - review of the legal issues in cases brought from lower courts, only legal issues about case |
| who appoints the justices | the president - Senatorial Courtesy |
| Supreme Court | Original and Appellate Jurisdiction - original requires crime to relate to federal offence |
| Supreme Court Opinions | Majority - stare decisis - let the decision stand Dissenting - why they didn't vote with the majority-can influence future justices Concurring - justice in the majority opinion, but agree for a different reason |
| Rational Basis (reasonableness) | lowest level of scrutiny - age disability, wealth, felony is there a LEGITIMATE gov't purpose burden of proof is on the person challenging the law |
| Intermediate Scrutiny | gender, sex, and sexual orientation is there an IMPORTANT gov't objective burden of proof is on the gov't |
| Strict Scrutiny | highest level of scrutiny - race, national origin, religion, alienation when a fundamental right is being threatened by law burden of proof on gov't - COMPELLING state interest? is it least restrictive? |
| 13th Amend | abolished slavery 1865 |
| 14th Amend (after Civil War) | grants freed slaves citizenship rights 1868 |
| 15th Amend | cannot be denied the right to vote based on race 1870 |
| 24th Amend | banned poll tax |
| Civil RIghts Act of 1964 | gave fed. gov't more power to enforce laws banning discrimination in employment and segregation in public schools and also for women too |
| Voting Rights Act of 1965 | gave fed. gov't the power to ban state discriminatory practices for voting |
| 19th Amend | cannot be denied the right to vote based on sex |
| Equal Pay Act 1963 | required employers to pay men and women the same wage for same job |
| Title nine | Equal education opportunities in programs receiving federal funding - especially sports |
| "Don't Ask Don't Tell" | prevented military from asking about sexual orientation, because if you told someone you couldn't serve |
| Defense of Marriage Act (DOMA) 1993 | defined marriage between a man and a woman at the national level, did not require states to recognize same-sex marriage of other states |
Created by:
yaya.33