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22 Cards in this Set
- Front
- Back
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Civil Liberties
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Freedoms found primarily in the Bill of Rights, the enjoyment of which are protected from government interference
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Habeas Corpus
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The legal doctrine that a person who is arrested must have a timely hearing before a judge
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Bill of attainder
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A governmental decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial
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Ex post facto law
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A law that retroactively declares some action illegal
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Economic Liberty
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The right to own and use property free from unreasonable government interference
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Full faith and credit
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The provision in Article IV, section ! of the constitution which provides that states must respect the public acts, laws, and judicial rulings of other states
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Contract clause
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The portion of Article I, Section 10, of the Constitution that prohibits states from passing any law "impairing the obligations of contracts"
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Due process clause
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The section of the fourteenth amendment that prohibits states from depriving anyone of life, liberty, or property "without due process of law," a guarantee against arbitrary or unfair government action
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Selective Incorporation
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The gradual and piecemeal spread of the protections of the Bill of Rights to the states by the US Supreme Court
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Privileges and immunities clause
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the portion of the article IV and section 2 of the constitution that says that citizens from out of the state have the same legal rights as local citizens in any state
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Nationalizing
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The process by which provisions of the Bill of Rights become incorporated
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Incorporation
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The process by which the Supreme Court has made most of the provisions of the Bill of Rights binding on the states
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Ordinary scrutiny
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The assumption that the actions of elected bodies and officials are legal under the Constitution
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Strict Scrutiny
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The assumption that actions by elected bodies or officials violate constitutional rights
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Prior Restraint
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The government's power to prevent publication, as opposed to punishment afterward
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Obscenity
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As defined by the Supreme Court, the representation of sexually explicit material in a manner that violates community standards and is without redeeming social importance or value
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Free exercise clause
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That portion of the First Amendment to the Constitution that prohibits Congress from impending religious observance or impinging upon religious beliefs
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Establishment Clause
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The part of the First Amendment to the Constitution that prohibits Congress from establishing an official religion; the basis for the doctrine of the separation of the church and state
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Exclusionary Rule
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A standard promulgated by the supreme court that prevents police and prosecutors from using evidence against a defendant that was obtained in an illegal search
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Probable Clause
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Legal doctrine that refers to a reasonable belief that a crime has been committed
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Capital Crime
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Any crime for which death is a possible penalty
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Capital Crime
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Any crime for which death is a possible penalty
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