Government: Ch. 4 & 5

Front 1

Civil Liberties

Back 1

Those individual rights that cannot be taken away by the government and are guaranteed by the constitution.

Civil Liberties are located in the first 8 amendments.

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The Bill of Rights

Back 2

The Bill of Rights are the first 10 amendments of the constitution.

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Libel

Back 3

The crime of printing or disseminating false statements that harm someone. Must be proven to be of "malicious intent" and "reckless disregard" to the truth. *Ignored evidence contrary to the facts.

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Prior Restraint

Back 4

Government Approval before it can be published. Limit publication before published.

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Obscenity and Pornography

(SLAPS Test)

Back 5

Located within the 1st amendment

The standard of courts established to determine if material is obscene or not. Does the Material have Serious Literary, Artistic, Political, or Scientific Value?

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Bill of Attainder

Back 6

An Act of legislature declaring a person/group of a crime and then carrying out the punishment without trial.

Article 1 of the Constitution prohibits Congress from passing this.

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Ex post Facto Laws

Back 7

Article 1 of the constitution prohibits this law that punishes someone for doing something in the past although it wasn't illegal when the person did it.

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4th Amendment

Back 8

The right of the people to be secure in there persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated and no warrants will be issued if there is no probable cause.

Protects people from unreasonable searches/seizures.

*Rights of the criminally accused

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6th Amendment

Back 9

In all criminal persecutions, the accused shall have the assistance of counsel for his defense.

(Right to an attorney)

*Rights of the criminally accused

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Exclusionary Rule

Back 10

The legal rule requiring that all evidence illegally obtained by police in violation of the Bill of Rights must be excluded from admission in a court of law.

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Good Faith Exception

Back 11

An exception to the exclusionary rules states if a search warrant is invalid through no fault of police evidence obtained may still be admitted.

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Miranda Rulings

Back 12

A requirement that upon arrest the individual must be read a statement that explains the person's right to remain silent and the right to an attorney.

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Bail

Back 13

An amount of money determined by the judge that the accused must pay to a court as security against his/her freedom before trial.

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Warrant

Back 14

A document issued by a judge or magistrate that allows law enforcement to search and seize items at a home, business, or anywhere else that might be specified

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Civil Rights

Back 15

Sometimes called Equal Rights refer to the rights members of various groups (racial, ethic, sexual, disabled, etc.) have to equal treatment under the law by the government and equal access to our society's opportunities.

Protects people from discriminatory actions under the law.

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Types of Equality

Back 16

Political Equality

Social Equality

Economic Equality

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Political Equality

Back 17

A condition in which members of different groups possess the same rights to participate actively in the political system (voting, running for office, free speech, free press, and access to education)

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Social Equality

Back 18

Equality and fair treatment of all groups within the various institutions of society both public and private that the the public at large including stores, restaurants, hotels, and public transportations

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Economic Equality

Back 19

Providing all groups the equality of opportunity for economic success.

Front 20

Tactics Used In Struggle for Equality

Back 20

Accommodation

Agitation

Work within the political system

Litigation

Legal Boycotts

Civil Disobedience

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Accommodation

Back 21

promoted vocation education, opposed confrontation, and accept existing conditions

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Agitation

Back 22

challenge discrimination and injustice through various forms of political activity (including a more violent approach)

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Litigation

Back 23

Groups have turned to the courts when the political system has failed them

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Legal Boycotts

Back 24

the organized refusal to buy, sell, or use certain goods

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Civil Disobedience

Back 25

Refusal to obey laws. This tactic resulted in arrests, fines, and even jail for those who practiced it

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Brown v. Board of Education (1954)

Back 26

Court declared that racial segregation in public education denied equal protection under the law. Established in the "strict scrutiny" standard that invalidates almost all state laws related to segregation of racial groups in all areas

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Jim Crow Laws

Back 27

Laws passed by southern states that required segregation of blacks and whites in most public areas such as education and transportation

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Plessy V. Ferguson (1896)

Back 28

Established the separate but equal doctrine.

A law that justified and permitted racial segregation as not being in breach of the 14th Amendment

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Civil Rights Act of 1964

Back 29

Banned racial discrimination in ALL public accommodations including those privately owned. Also prohibited discrimination by employers and created the EEOC to investigate complaints of discrimination and it denied public funds to schools that continued to discriminate on the bases of race

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The Voting Rights Act of 1965

Back 30

Prohibited literacy test and property requirements for voting. It also required certain states and cities with a history of voting discrimination to obtain pre-approval from the justice department for all future changes to their voting laws. (24th amendment banned use of poll tax to exclude voters)

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The Women’s Movement - Equal Rights Amendment (ERA – June 1982)

Back 31

The 19th amendment gave women the right to vote.

National Organization for Women (NOW) tried to pass the equal rights amendment (ERA) and other equal rights in education, employment and political opportunities for women. Congress passed the ERA and sent it to state legislatures for ratification but it fell 3 states short and failed to pass.

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8th Amendment

Back 32

Prohibition of excessive bails and fines

Prohibition of cruel and unusual punishment

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Affirmative Action

Back 33

is the policy of favoring members of a disadvantaged group who suffer from discrimination within a culture.

Programs, laws or practices designed to remedy past discriminatory hiring practices, government contracting and school admissions.

Quotas: Highly criticized, yet sometimes used in AA plans- specific numerical goals for hiring or admitting members of certain groups (race/gender)

Opponents of AA claim that such programs punish white applicants who played no role at all in past discriminatory actions. They also claim that AA may stigmatize certain groups who benefit by the perception that they are not truly fully deserving.

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2 Amendment

Back 34

Right to bear arms

“Awell regulated militia, being necessary to the security of a free State, theright of the People to bear Arms, shall not be infringed”

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Racial Profiling

Back 35

The Law enforcement practice of taking race into account when identifying possible suspects of crimes.

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Selective Incorporation

Back 36

"nationalization"

Supreme courts held states accountable to the Bill of Rights by utilizing the 14th amendment requirement for states to respect "due process"

Incorporation provided that the state and local governments, as well as the federal government, could not deny these rights to citizens.

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5th Amendment

Back 37

No person shall be held to answer for a capital, or otherwise infamous crime,unless on a presentment or indictment of a grand jury; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself.

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Double Jeopardy

Back 38

Part of the 5th Amendment that states that a person cannot be tried for the same crime twice

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1st Amendment

Back 39

Freedom of Speech

Freedom of Religion

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Free Exercise of Religion Clause

Back 40

Free exercise clause: ban on government laws that prohibit the free exercise of religion

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The Establishment Clause

Back 41

prohibits the government from enacting laws "respecting an establishment of religion"

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Modern Day Right to Privacy

Back 42

The Right to Privacy is not explicitly stated in the constitution and is considered to be an unwritten or unenumerated right. This right is derived from the 9th amendment in fact and is the result of the court decision Roe versus Wade (1973).

PhysicianAssisted Suicide – The court has upheld terminally illpatients rights to end their medical treatment, but haven’t extended that tothe termination of a life.

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Other Struggles for Equality

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Both Native Americans and Asian Americans

Muslim Americans

Hispanic Americans

Gays and Lesbians

Older Americans

Same-Sex-Marriages

Disabled individuals

2006– Keith Ellison (used koran)

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Freedom of Speech

Back 44

Part of the 1st Amendment that states that you have a right to free speech. Uses the clear and present danger test

Symbolic speech: nonspoken form of speech such as flag burning, sit ins, demonstrations, etc.