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13 Cards in this Set
- Front
- Back
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The United States government was defined by the Constitution and Bill of rights so that certain rules govern the relationships between people and their government, and other rules govern the relationships between groups of citizens. These rules rest on two principles: What are they?
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The government must not violate the civil rights and liberties of the people; the government must protect people from the actions of those who would violate their rights.
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Civil Liberties
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are protections against government restrictions on freedom of expression; the first amendment rights of freedom of speech, petition, assembly, and press that protect people against government actions that would interfere with their participation in democratic politics.
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Partial Incorporationist
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Belief that only some of the Bill of Rights should be included in the meaning of "due process" in the Fourteenth Amendment--fair criminal trials, First Amendment freedoms of religion, speech and press.
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Complete Incorporationist
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Belief that the entire Bill of Rights was incorporated into the Fourteenth Amendment. This stance has never been embraced by the Supreme Court.
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Preferred Freedoms
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First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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Speech Plus
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Protected-Involves symbolic actions, such as wearing buttons or even burning flags.
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The First, Fourth, and Ninth Amendments are sometimes read by the courts as creating a...
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"Zone of Privacy"
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These amendments are called on to prevent national and state governments from depriving persons of their lives, liberty, or property without due process of law.
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The Fifth and Fourteenth Amendments
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Due process guarantees...
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procedural fairness and impartial rulings by government officials, especially in (but not limited to) criminal courtrooms.
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In a criminal trials, the right to due process includes...
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the right to free counsel if you cannot afford a lawyer; the right to have your lawyer present at any police questioning; the right to reasonable bail after being charged; the right to a speedy trial; the right to confront and cross examine your accuser and witnesses testifying against you; the right to remain silent; the right to an impartial judge and jury of your peers, selected without racial bias; and the right to appeal the decision to a higher court
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Economic issues are routinely approved under the doctrine of...
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Presumptive Legislative Rationality. Courts assume that the lawmakers know what they are doing when they make such classifications. However, they reserve the right to scrutinize any legislation because of "suspect" classifications.
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private attorneys general
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they act, not for the government, but for groups bringing court cases against the government or against other groups. They are funded by foundations, wealthy donors, and by group members' dues.
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landmark decision
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involves major changes in the definition of civil rights and liberties.
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