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128 Cards in this Set
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Civil liberties |
Those rights such as freedom of speech or religion, that are so fundamental that they are outside the authority of govt to regulate
civil liberties are added to the constitution through the addition of Bill of Rights Article 1 section 9 14th amendment
Man vs Govt (protects from government) Natural Rights (Nature/creator) Government protects these rights
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Bill of Rights
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First ten amendments of the constitution
A list of rights that the government cannot take away
When first added to the constitution, it only protected citizens from abuses from national government |
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Natural (unalienable) rights
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Rights that every individual has that govt cannot legitimately take away
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Civil rights
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Set of rights, centered around the concept of equal treatment that government is obliged to protect
Found in the amendments 13, 14, 15, 19 of the constitution
Man vs Man (protects from each other) Government can take it away Protects us from Man Government protects these rights |
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Writ of habeas corpus
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Article 1 section 9
Right of individuals who have been arrested and jailed to go before a judge who determines of their detention is legal |
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Ex post facto laws
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Article 1 section 9
Law that make something a crime after the act was committed |
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Bill of attainder
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Article 1 section 9
Legislative acts that declare individuals guilty of a crime |
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Incorporate
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Process of applying provisions of the Bill of Rights to the States
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Due process clause
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Prevents the federal govt and the state govt from denying any person due process of law
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Selective incorporation
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Doctrine used by the Supreme Court to make those provisions of the bill of rights that are fundamental rights binding on the states
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Fundamental rights
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Those rights deemed by the court to be essential to liberty
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Grand jury
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Special jury charged with determining whether people should be put on trial
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Test
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Standard used by courts to determine if a law or right has been violated across a range of cases
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Compelling interest test
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Determination that the civil liberties of citizens have been violated by state or national govt.
Standard frequently used by the Supreme Court in civil liberties cases to determine if a state has a compelling interest for infringing on a right if the law is narrowly drawn to meet that interest
Test used to determine the violation of the Bill of rights (civil liberties Asked 3 questions 1)if a state has compelling interest in passing the law 2)is the law necessary for functioning of the government 3) is the law narrowly drawn to meet that interest |
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Sedition Acts
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Laws passed in 1798 and 1918 that made it a crime to criticize the govt
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Military tribunal
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Specially authorized court that determines the innocence of guilt of enemy combatants
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Geneva conventions
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Set of treaties that define lawful military combat and protect the rights of prisoners of war
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Warrent
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Legal document authorizing a search or seizure
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Probable cause
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Determination. By a neutral official that specific evidence is likely to be found in a place to be searched or that an individual to be seized had likely committed a crime
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Clear and present danger test
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First amendment test that requires the states to prove that there was a high likelihood that the speech in questions would lead to a danger that congress has a right to prevent
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Fighting words doctrine
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Doctrine allowing speech to be banned if he likely response would be a punch
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Hate speech
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Speech that attacks or demeans a group rather than a particular individual
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Symbolic speech
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Expressive communication such as wearing armbands that is not verbally communicated
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Content neutral
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Free speech doctrine that allows certain types of regulation of speech as long as the restriction does not favor one side or another of a controversy
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Prior restraint
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Govt restrictions on freedom of the press that prevent material being from being published
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Subsequent punishment
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Restrictions of freedom of the press that occur after materials is published
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Libel
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Publishing false and damaging statement about another
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Actual malice test
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Supreme Court test for libel of a public figure in which the plaintiff must prove that the publisher knew the material was false or acted which reckless disregard of whether it was true or false
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Miller test
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Supreme Court test did determining whether material is obscene
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Right of association
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right to freely associate with others and from groups protected by the first amendment
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Free exercise clause
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Protects the free exercise of religion
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Valid secular purpose
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Supreme Court test that allows states to ban activities that infringe on religious practices as long as the state has a nonreligious rationale for prohibiting the behavior
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Establishment clause
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Prohibits governmental establishment of religion
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Lemon test
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Test for determining whether aid to religion violates the establishment clause
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Seperationist
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Those who believe that the establishment clause requires a wall of separation between church and state
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Accommodationists
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Those who believe that as long as the govt does not favor one religion over another it may generally support religious practice
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Expectation of privacy test
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Supreme Court test for whether fourth amendment protections apply
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Exclusionary rule
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Supreme Court rule declaring that evidence found in violation of the fourth amendment cannot be used at trial
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Accommodationists
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Those who believe that as long as the govt does not favor one religion over another it may generally support religious practice
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Expectation of privacy test
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Supreme Court test for whether fourth amendment protections apply
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Good faith exception
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Limit on exclusionary rule that allows evidence to be used if the police obtain a warrant but the warrant is later found to lack probable cause
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Self incrimination
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Fifth amendment prohibition against being forces to give testimony against oneself
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Right to counsel
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Sixth amendment right that now includes appointed counsel if the suspect cannot afford an attorney
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Right to privacy
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Constitutional right inferred by court that has been used to protect unlisted right such as sexual privacy, reproductive rights, and the right to end life sustaining medical treatment
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Undue burdon
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Current test used by the court to determine if abortion regulations are allowable
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Taking clause
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Requires just compensations when the government seizes private property for a public purpose
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Eminent domain
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Right of government to seize private property for public use
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Eminent domain
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Right of government to seize private property for public use
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Public use
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Requirement of taking clause that once meant that the use of seized property had to be beneficial to all citizens such as the building of roads or park and not just private properties
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Just compensation
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Payment of the govt of fair market value for seized property
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Political tolerance
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Willingness of people to put up with ideas with which they disagree
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Anarhy
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State of society without governmental authority in which everyone does as he or she pleases
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Tyranny
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Government that severely limits liberty
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Libel
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Publishing false and damaging statement about another
-writing lies |
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Right of association
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Right to freely associate with others and from groups protected by the first amendment
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Valid secular purpose
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Supreme Court test that allows states to ban activities that infringe on religious practice as long as the state has a nonreligious rationale for prohibiting the behavior
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Undue burdon
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Current test used by the court to determine if abortion regulations are allowable
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Undue burdon
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Current test used by the court to determine if abortion regulations are allowable
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Just compensation.
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Payment by the govt of fair market value for seized property
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Seperationists
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Those who believe that the establishment clause requires a wall of separation between church and state
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Brandon v. Ohio
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Supreme Court decision requiring imminent lawless action before speech can be banned
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Griswold v. Connecticut
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1969 Privacy 1st,3rd,4th,6th, and 9th Amendment
The case involved a Connecticut statute that prohibits any person from using "any drug, medicinal article or instrument for the purpose of preventing conception." By a vote of 7–2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy".
Supreme Court case establishing the right to privacy |
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Lawrence v. Texas
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Supreme Court case extending the right to privacy to homosexual behavior
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Where can you find the civil liberties |
Bill of rights Article 1 section 9 |
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Constitution says I have life, liberty, and property. Can the government take your life |
NO |
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Barron v Baltimore |
1833
14th Amendment 5th Amendment didn't apply to the states only government 1863 "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S. nor shall any state deprive any person of life, liberty, or property, without due process
John Barron, who co-owned a profitable wharf in the Baltimore harbor, sued the mayor of Baltimore for damages, claiming that when the city had diverted the flow of streams while engaging in street construction, it had created mounds of sand and earth near his wharf making the water too shallow for most vessels. The trial court awarded Barron damages of $4,500, but the appellate court reversed the ruling. |
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What are the expression-based liberties that are contained in the First Amendment |
-Freedom of Speech -Freedom of Press -Freedom of Assembly -Freedom to petition the govt -Free exercise of religion (2 clauses)
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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exceptions to Freedom of Speech |
Slander and Libel Fighting words and Incitement |
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What is fighting words |
phrases that might lead individual to whom they are directed to respond with a punch
-spreading lies that are false, can damage character, or ruin reputations |
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What is Incitement |
The speaker's intent to make someone else the instrument of his or her unlawful will |
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What is an example of fighting words and what happened |
Chaplinsky v. New Hampshire |
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What is an example of Incitement and what happened |
Brandenburg v. OhioA |
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What is hate speech |
speech that attacks or demeans a group rather than a particular indiviual |
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What do university speech codes in force |
seek to limit hate speech |
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EQUALITY OF OPPORTUNITY |
Expectation that citizens may not be discriminated against on account of race, gender, or national background, and that every citizen should have an equal chance to succeed in life. |
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EQUALITY OF OUTCOME |
Expectation that equality is achieved if results are comparable for all citizens regardless of race, gender, or national background, or that such groups are proportionally represented in measures of success in life. |
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MISSOURI COMPROMISE |
1820 Prohibited slavery in territories north of the southern border of Missouri. |
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DRED SCOTT v. SANDFORD |
1857 Declaring Blacks cannot be citizens
Supreme Court decision declaring that all blacks could not be citizens and Congress could not ban slavery in the territories. |
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EMANCIPATION PROCLAMATION |
1863 Lincoln's order ending slavery in states in rebellion. |
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13th amendment |
1865 Ended Slavery
Prohibits slavery
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14th amendment |
1868 Equal protection clause persons born in US are citizens, prohibits states from denying persons privileges or immunities, due process of law, equal protection of the laws; apportionment by whole persons. |
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15th amendment |
1870 Voting Rights
Prohibits states from denying the right to vote on account of race. |
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19th amendment |
1920 Women Suffrage women's right to vote. |
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24th amendment |
1964 prohibits poll taxes
Cant charge anybody to vote |
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What are the 3 clauses of the 14th Amendment |
1) Citizenship clause 2) Equal protection clause 3) Due Process clause |
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What is the citizenship clause |
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. |
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What is the Equal protection |
This clause means that states must apply the law equally and cannot discriminate against people or groups of people arbitrarily. It does not mean that all people have to be treated the same way—states can require vision tests to receive a driver’s license, for example, but they cannot ban people from driving because of their race. |
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What is the Due Process clause |
No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land. |
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What are the two types of incorporations and what year was it introduced and which one do we use today |
1896
Incorporating the Bill of Rights to the state
1)Blanketing incorporation -Decided at a specific date when to incorporate all of them
2)Selective incorporation -implying individually as they come up
We choose Selective Incorporation |
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Gitlow v New York |
1925 Freedom of Speech 1st Amendment It was one of a series of Supreme Court cases that defined the scope of the First Amendment's protection of free speech and established the standard to which a state or the federal government would be held when it criminalized speech or writing |
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Near v Minnesota |
1931 Freedom of Press 1st Amendment
Supreme Court decision that recognized the freedom of the press by roundly rejecting prior restraints on publication, a principle that was applied to free speech generally in subsequent jurisprudence. The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution (as applied through the Fourteenth Amendment). Legal scholar and columnist Anthony Lewis called Near the Court's "first great press case."
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Mapp v Ohio |
1961 Exclusionary rule 5th Amendment
Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well, as had previously been the law, as in federal criminal law prosecutions in federal courts. The Supreme Court accomplished this by use of a principle known as selective incorporation; in this case this involved the incorporation of the provisions, as construed by the Court, of the Fourth Amendment which are literally applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is literally applicable to actions of the states. |
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McDonald v Chicago |
2010 2nd Amendment Right to Bear Arms
The Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states. |
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Chaplinsky v New Hampshire |
1942
Fighting words
In late November 1941, Walter Chaplinsky, a Jehovah's Witness, was using the public sidewalk as a pulpit in downtown Rochester, passing out pamphlets and calling organized religion a "racket." After a large crowd had begun blocking the roads and generally causing a scene, a police officer removed Chaplinsky to take him to police headquarters. Upon seeing the town marshal (who had returned to the scene after warning Chaplinsky earlier to keep it down and avoid causing a commotion), Chaplinsky attacked the marshal verbally. He was then arrested. The complaint against Chaplinsky stated that he shouted: "You are a God-damned racketeer" and "a damned Fascist". Chaplinsky admitted that he said the words charged in the complaint, with the exception of the name of the deity.
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Brandenburg v Ohio |
1969 Incitement
Brandenburg, a leader in the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law. The law made illegal advocating "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform," as well as assembling "with any society, group, or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism." |
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Doe v. University of Michigan
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1989- Hate speech
Doe v. University of Michigan was a 1989 case that determined that the University of Michigan's 1988 hate speech law violated the constitutional right to free speech.
In the late 1980s, incidents of hate crimes and racial slurs were increasing on American campuses. Michigan was one of the first schools in the late 80s to adopt a hate speech code, prohibiting negative speech towards specific ethnic groups, women, LGBT people and other minorities.
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Texas v. Johnson |
1989 Symbolic Speech
Was a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Johnson was represented by attorneys David D. Cole and William Kunstler. |
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Is freedom of the press absolute? |
No. The government can censor material before publishing it. |
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prior restraint |
Prior restraint (also referred to as prior censorship or pre-publication censorship) is censorship imposed, usually by a government, on expression before the expression actually takes place. An alternative to prior restraint is to allow the expression to take place and to take appropriate action afterward, if the expression is found to violate the law, regulations, or other rules.
Prior restraint prevents the censored material from being heard or distributed at all; other measures provide sanctions only after the offending material has been communicated, such as suits for slander or libel. |
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Religion in the Constitution |
-Establishment Clause
The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion.
-Free exercise Clause
The Free Exercise Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals. The wording in the free-exercise clauses of state constitutions that religious “[o]pinion, expression of opinion, and practice were all expressly protected” by the Free Exercise Clause.
No where in the Constitution does it say separation of church and state |
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Lemon v. Kurtzmen |
1971 Lemon Law
Was a case argued before the Supreme Court of the United States. The court ruled unanimously in an 8-0 decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act (represented through David Kurtzman) from 1968 transgressed the Establishment Clause of the First Amendment. The act allowed the Superintendent of Public Schools to reimburse private schools (mostly Catholic) for the salaries of teachers who taught in these private schools, from public textbooks and with public instructional materials. The decision also upheld a decision of the First Circuit, which had struck down the Rhode Island Salary Supplement Act providing state funds to supplement salaries at private elementary schools by 15%. As in Pennsylvania, most of these funds were spent on Catholic schools. |
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Three questions that the Lemon Law uses to determine if the Establishment Clause is violated by religion |
1) Does the law or practice have a secular purpose
2) Does it neither advance nor inhibit religion
3) Does not foster an excessive government entanglement with religion |
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School Vouchers |
A school voucher, also called an education voucher, with the system overall being called the voucher system, is a certificate of funding issued by the government, which the parents of a schoolchild have control of and are able to direct towards the public or private school of their own choosing to fully or partially pay for the tuition of their child at that school for that year, term or semester. |
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Reynold v. United States |
1878 Free Exercise Clause
was a Supreme Court of the United States case that held that religious duty was not a defense to a criminal indictment. Reynolds was the first Supreme Court opinion to address the Impartial Jury and the Confrontation Clauses of the Sixth Amendment. |
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1960 Free Exercise Clause |
In the 1960s, however, the Court ruled that states must have a compelling interest before they could abridge people’s religious practices, even if the law had a valid secular purpose.
-Muhammad Ali |
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2nd Amendment |
1791
protects the right of individuals to keep and bear arms. The Supreme Court of the United States has ruled that the right vests in individuals, not merely collective militias, while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices.
Supreme Court decided that their is an indivual right to possess a gun at least for self-defense in ones home. |
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District of Columbia v. Heller |
2008 Self Defense Federal unclave
the Second Amendment to the United States Constitution applies to federal enclaves and protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense within the home.
The Supreme Court struck down provisions of the Firearms Control Regulations Act of 1975 as unconstitutional, determined that handguns are "arms" for the purposes of the Second Amendment, found that the Regulations Act was an unconstitutional ban, and struck down the portion of the Regulations Act that requires all firearms including rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock." "Prior to this decision the Firearms Control Regulation Act of 1975 also restricted residents from owning handguns except for those registered prior to 1975."[5] |
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McDonald v. Chicago |
2010 2nd Amendment applies with the right to bear arms
Is a landmark decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states. The Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states. |
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4th Amendment |
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law. |
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What does all warrants have to have |
1) probable cause 2) must be signed by a judge |
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The Good Faith Exception |
An exception to the exclusionary rule barring the use at trial of evidence obtained pursuant to an unlawful search and seizure. If officers had reasonable, good faith belief that they were acting according to legal authority, such as by relying on a search warrant that is later found to have been legally defective, the illegally seized evidence is admissible. |
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Patriot Act |
2001 Sneak and peak war
The USA PATRIOT Act is an Act of Congress that was signed into law by President George W. Bush on October 26, 2001. The title of the act is a ten-letter backronym (USA PATRIOT) that stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. |
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5th Amendment |
The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use. |
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Miranda v. Arizona |
1966
Was a landmark decision of the United States Supreme Court which passed 5–4. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them |
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What are the miranda rights |
-Right to remain silent -Anything you say can and may be used against you in the court of law - right to an attorney, free if cannot afford one |
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When are Miranda Rights used |
1) Detention (Not free to leave) 2) Interrogation (questioned about the crime)
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Roe v. Wade |
1973 Abortion
United States Supreme Court on the issue of abortion. Decided simultaneously with a companion case, Doe v. Bolton, the Court ruled 7–2 that a right to privacy under the due process clause of the 14th Amendment extended to a woman's decision to have an abortion, but that this right must be balanced against the state's two legitimate interests in regulating abortions: protecting prenatal life and protecting women's health. Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the third trimester of pregnancy.
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Lawrence v. Texas |
2003 Homosexuality
United States Supreme Court. In the 6–3 ruling, the Court struck down the sodomy law in Texas and, by extension, invalidated sodomy laws in 13 other states, making same-sex sexual activity legal in every U.S. state and territory. The Court overturned its previous ruling on the same issue in the 1986 case Bowers v. Hardwick, where it upheld a challenged Georgia statute and did not find a constitutional protection of sexual privacy.
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26th Amendment |
18 years old set as voting age |
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Jannette Renkin |
Important with the women suffrage. Was elected for Congress in 1916.
From Missoula Mt -Against WW1, WW2, and Vietnam war. Was part of Congress for WW1 and WW2 but was very disliked for her not wanting to participate. Led a protest in Washington DC during Vietnam. |
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Plessy v. Ferguson |
1896 Validity of Segregation
Supreme Court decision upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal" |
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Separate but Equal |
Separate but equal was a legal doctrine in United States constitutional law that justified and permitted racial segregation, as not being in breach of the Fourteenth Amendment to the United States Constitution which guaranteed equal protection under the law to all citizens, and other federal civil rights laws. Under the doctrine, government was allowed to require that services, facilities, public accommodations, housing, medical care, education, employment, and transportation be separated along racial lines, provided that the quality of each group's public facilities was equal. The phrase was derived from a Louisiana law of 1890, although the law actually used the phrase "equal but separate." |
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Civil Rights Act |
1964
outlawed discrimination based on race, color, religion, sex, or national origin.[6] It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public (known as "public accommodations"). |
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Which Democrat was against the Civil Rights Act but later became president and then was for it |
Lyndon Johnson |
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Voting Rights Act |
1965 guaranteed by the 14th and 15th amendment
prohibits racial discrimination in voting. |
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Before the Voting Rights Act, what laws were in place |
Jim Crow Laws
A literacy test that discriminated against blacks because they were uneducated |
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Preclearance |
Section 5 make sure they can't pass a law that causes discrimination.
2012 or 2013 its been amended stating its unconstitutional because you cant treat states differently |
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Voter ID Law |
Govt Id to vote- it prevents voting twice or in wrong district. It prevents fraud |
