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10 Cards in this Set
- Front
- Back
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Civil Rights
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The struggle for freedom from discrimination (race, sex, creed)
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Civil Liberties
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Constitutional protection of individuals agains the government (restrictions on governmental action)
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The 4 ways civil liberties and rights are protected by the constitution
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1. the body of the constitution 2. the legislation 3. court decisions 4. bill of rights
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What does the body of the constitution contain to protect civil liberties and rights?
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no bills of attainder, no ex post facto laws, writ of habeas corpus
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what is the writ of habeas corpus?
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A writ of habeas corpus is a court order addressed to a prison official (or other custodian) ordering that a prisoner be brought before the court for determination of whether that person is serving a lawful sentence and/or be released from custody.
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What legislation protects civil liberties and rights?
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civil rights act of 1964 and voting rights act of 1965
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What court decisions protect civil liberties and rights?
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Brown v. Board of Education , Roe v. Wade, Reed v. Reed
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What is judicial activism?
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legislating from the bench - active role for judges, belief in loose construction of the constitution (gets controversial regarding morals)
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What is judicial restraint?
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policy that formals minimal role for judges in policy-making decisions, leaving these decisions to the executive and legislative branches- the believe in STRICT CONSTRUCTion
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What court is known for its judicial activism?
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The Warren Court!
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