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10 Cards in this Set

  • Front
  • Back
Civil Rights
The struggle for freedom from discrimination (race, sex, creed)
Civil Liberties
Constitutional protection of individuals agains the government (restrictions on governmental action)
The 4 ways civil liberties and rights are protected by the constitution
1. the body of the constitution 2. the legislation 3. court decisions 4. bill of rights
What does the body of the constitution contain to protect civil liberties and rights?
no bills of attainder, no ex post facto laws, writ of habeas corpus
what is the writ of habeas corpus?
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.
What legislation protects civil liberties and rights?
civil rights act of 1964 and voting rights act of 1965
What court decisions protect civil liberties and rights?
Brown v. Board of Education , Roe v. Wade, Reed v. Reed
What is judicial activism?
legislating from the bench - active role for judges, belief in loose construction of the constitution (gets controversial regarding morals)
What is judicial restraint?
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
What court is known for its judicial activism?
The Warren Court!