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41 Cards in this Set
- Front
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Civil Liberties |
Individual freedoms Bill of Rights Freedom from government involvement
in non-authoritarian liberties people are subjects people cannot push back |
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Civil Rights |
The government secures citizens' rights -right to vote, due process, cannot treat people different based on race, gender, etc.
Government must treat all citizens equally
Amendments that |
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Natural Rights |
life, liberty, and the pursuit of happiness |
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Bill of Rights |
Federalist: did not say every right Jefferson-"a bill of rights is what the people are entitled to against every gov't on earth" Most actions are directed to Congress Only to National gov't not state gov't |
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Habeas Corpus |
Cannot fail to bring prisoners, @ their request, before a judge and inform the court, why they are being held and what evidence is against them. +Protects people from being imprisoned solely for political reasons |
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Bill of attainder |
laws that single out a person or group as guilty and impose punishment without trial. -national and state gov't are forbidden to pass |
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Ex post facto laws |
laws that make an action a crime after the fact, even though it was legal when it carried out.
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The privileges and immunities of several states |
nonresidents' right to travel freely, conduct business, and have access to state courts while visiting another state. *university can charge more |
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14th Amendment |
Gave The Court the chance to protect the basic civil liberties of citizens in the State gov't Guarantees their citizens due process of the law. |
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Incorporation |
Supreme Court action making the protections of the Bill of Rights applicable to the state through the 14 Amendment |
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Selective Incorporation |
rights based on case by case basis |
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Establishment Clause |
In the 1st amendment Prohibits Congress to create a State Religion +built in conflict between church and state +Wall between Church and state +Support all religion or none of them
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Separationists |
Wall between church and state |
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accommodationists |
state should not separate from religion but rather should accommodate it, without showing preference for one religion over another
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Lemon Test |
3 pronged rule used by the courts to determine whether the establishment clause is violated +establish clause excessive entanglement
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The Free Exercise Clause |
1 amendment guarantees that citizens may freely engage in the religious activities of their choice. +conflicts with establishment clause +rights are not always absolute
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Police Power |
the ability of the gov't to protect its citizens and maintain social order. +Allows the gov't to protect its citizen from the Abuse of police power for political power and also random acts |
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Compelling State interest |
fundamental state purpose -must be shown before the law can limit some freedoms or treat some groups of people differently +what is too compelling? |
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Freedom of Expression |
1 Amendment preventing corruption and tyranny in the gov't preserving minorities against powers of the majority. |
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Why is Freedom of Expression important?
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1. citizens are responsible for participating in their gov't decisions and they need info provided by a free and independent press to protect from gov't corruption 2.limit gov't corruption. 3.danger of setting a precedent of censorship 4. No limit on speech because only by allowing the free traffic of all ideas (true and false) can we ensure the vigorous protection of the truth. |
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Sedition |
speech that criticizes the gov't to incite rebellion |
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Clear and present danger test |
rule used by the courts that allows language to be regulated only if it presents an immediate and urgent danger
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imminent lawless action test |
rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action -standard for regulating political speech today |
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Freedom of Assembly |
1 Amendment gather peacefully and to petition the gov't |
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Miller Test |
Ruled used by the Courts in which the definition of obscenity must be based on local standards. -pornography |
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Fighting Words |
speech intended to create a disturbance and or incite violence in the person who hears the speech. |
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political correctness |
the idea that language shapes behavior and therefore should be regulated to control its social effects. Self-censorship +inhibits our ability to understand and debate
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Freedom of the Press |
1 Amendment |
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Prior restraint |
censorship of or punishment for the expression of ideas before the ideas are printed or spoken |
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Libel |
Written defamation of character
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Right to Bear Arms |
2nd Amendment
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Why is the Right to Bear Arms Valuable? |
England could seize control and create military dictatorship, depriving citizens of their hard-won rights To protect oneself Hunting for sport and hurts no one protect from gov't |
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The Right of Criminal Defendants |
4-8 Amendment |
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Why are the rights of criminal defendants valuable? |
Provides checks on gov't ability to prosecute its enemies person is innocent until proven guilty
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Due Process of the Law |
5th and 14th amendment Right to a fair trial Law must be reasonable and fair and that those accused of breaking the law ( and who stand to lose life, liberty, or property) have the right to appear before their judge to hear the charges and evidence against them, to legal counsel and to present any contradictory evidence in their defense |
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Protect against unreasonable searchs and seizure |
4th amendment to obtain a warrant +king of England could search without cause Person's home is a private and cannot be invaded by police without a warrant. Cars can be searched without a warrant if the officer has probable cause to think a law has been broken. |
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Exclusionary Rule |
rule created by the supreme court that evidence illegally seized may not be used to obtain a conviction. |
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Protection against self-incrimination |
15 amendment no person shall be compelled in any criminal case to be witness against himself Miranda rights. |
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Right to counsel |
6th amendment have assistance of counsel for his defense. |
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protection against cruel and unusual punishment |
8th amendment cruel and unusual punishment will not be inflicted. +what is cruel and unusual? |
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Right to Privacy |
Controversial rights not mention in the Constitution To be left alone to do what we want the absence of gov't all together Griswold v. Connecticut -birth control Roe v. Wade -abortion +Not all rights where mention in the Bill of Rights. +if we overrule Roe v. Wade, then we would have to give up privacy
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