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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

Bill of Rights

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

Natural (unalienable) rights
Rights that every individual has that govt cannot legitimately take away
Civil rights

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

Writ of habeas corpus

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

Ex post facto laws

Article 1 section 9

Law that make something a crime after the act was committed

Bill of attainder

Article 1 section 9

Legislative acts that declare individuals guilty of a crime

Process of applying provisions of the Bill of Rights to the States
Due process clause
Prevents the federal govt and the state govt from denying any person due process of law
Selective incorporation
Doctrine used by the Supreme Court to make those provisions of the bill of rights that are fundamental rights binding on the states
Fundamental rights
Those rights deemed by the court to be essential to liberty
Grand jury
Special jury charged with determining whether people should be put on trial
Standard used by courts to determine if a law or right has been violated across a range of cases
Compelling interest test

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

Sedition Acts
Laws passed in 1798 and 1918 that made it a crime to criticize the govt
Military tribunal
Specially authorized court that determines the innocence of guilt of enemy combatants
Geneva conventions
Set of treaties that define lawful military combat and protect the rights of prisoners of war
Legal document authorizing a search or seizure
Probable cause
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
Clear and present danger test
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
Fighting words doctrine
Doctrine allowing speech to be banned if he likely response would be a punch
Hate speech
Speech that attacks or demeans a group rather than a particular individual
Symbolic speech
Expressive communication such as wearing armbands that is not verbally communicated
Content neutral
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
Prior restraint
Govt restrictions on freedom of the press that prevent material being from being published
Subsequent punishment
Restrictions of freedom of the press that occur after materials is published
Publishing false and damaging statement about another
Actual malice test
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
Miller test
Supreme Court test did determining whether material is obscene
Right of association
right to freely associate with others and from groups protected by the first amendment
Free exercise clause
Protects the free exercise of religion
Valid secular purpose
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
Establishment clause
Prohibits governmental establishment of religion
Lemon test
Test for determining whether aid to religion violates the establishment clause
Those who believe that the establishment clause requires a wall of separation between church and state
Those who believe that as long as the govt does not favor one religion over another it may generally support religious practice
Expectation of privacy test
Supreme Court test for whether fourth amendment protections apply
Exclusionary rule
Supreme Court rule declaring that evidence found in violation of the fourth amendment cannot be used at trial
Those who believe that as long as the govt does not favor one religion over another it may generally support religious practice
Expectation of privacy test
Supreme Court test for whether fourth amendment protections apply
Good faith exception
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
Self incrimination
Fifth amendment prohibition against being forces to give testimony against oneself
Right to counsel
Sixth amendment right that now includes appointed counsel if the suspect cannot afford an attorney
Right to privacy
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
Undue burdon
Current test used by the court to determine if abortion regulations are allowable
Taking clause
Requires just compensations when the government seizes private property for a public purpose
Eminent domain
Right of government to seize private property for public use
Eminent domain
Right of government to seize private property for public use
Public use
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
Just compensation
Payment of the govt of fair market value for seized property
Political tolerance
Willingness of people to put up with ideas with which they disagree
State of society without governmental authority in which everyone does as he or she pleases
Government that severely limits liberty

Publishing false and damaging statement about another

-writing lies

Right of association
Right to freely associate with others and from groups protected by the first amendment
Valid secular purpose
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
Undue burdon
Current test used by the court to determine if abortion regulations are allowable
Undue burdon
Current test used by the court to determine if abortion regulations are allowable
Just compensation.
Payment by the govt of fair market value for seized property
Those who believe that the establishment clause requires a wall of separation between church and state
Brandon v. Ohio
Supreme Court decision requiring imminent lawless action before speech can be banned
Griswold v. Connecticut



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

Lawrence v. Texas
Supreme Court case extending the right to privacy to homosexual behavior

Where can you find the civil liberties

Bill of rights

Article 1 section 9

Constitution says I have life, liberty, and property.

Can the government take your life


Barron v Baltimore


14th Amendment

5th Amendment didn't apply to the states only government


"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.

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.

exceptions to Freedom of Speech

Slander and Libel

Fighting words and Incitement

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

What is Incitement

The speaker's intent to make someone else the instrument of his or her unlawful will

What is an example of fighting words and what happened

Chaplinsky v. New Hampshire

What is an example of Incitement and what happened

Brandenburg v. OhioA

What is hate speech

speech that attacks or demeans a group rather than a particular indiviual

What do university speech codes in force

seek to limit hate speech


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.


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.



Prohibited slavery in territories north of the southern border of Missouri.


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.



Lincoln's order ending slavery in states in rebellion.

13th amendment

1865 Ended Slavery

Prohibits slavery

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.

15th amendment

1870 Voting Rights

Prohibits states from denying the right to vote on account of race.

19th amendment

1920 Women Suffrage

women's right to vote.

24th amendment


prohibits poll taxes

Cant charge anybody to vote

What are the 3 clauses of the 14th Amendment

1) Citizenship clause

2) Equal protection clause

3) Due Process clause

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.

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.

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.

What are the two types of incorporations and what year was it introduced and which one do we use today


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

Gitlow v New York


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

Near v Minnesota


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."

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.

McDonald v Chicago


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.

Chaplinsky v New Hampshire


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.

Brandenburg v Ohio



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."

Doe v. University of Michigan

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.

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.

Is freedom of the press absolute?

No. The government can censor material before publishing it.

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.

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

Lemon v. Kurtzmen


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.

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

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.

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.

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

2nd Amendment


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.

District of Columbia v. Heller


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]

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.

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.

What does all warrants have to have

1) probable cause

2) must be signed by a judge

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.

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.

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.

Miranda v. Arizona


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

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

When are Miranda Rights used

1) Detention (Not free to leave)

2) Interrogation (questioned about the crime)

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.

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.

26th Amendment

18 years old set as voting age

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.

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"

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."

Civil Rights Act


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").

Which Democrat was against the Civil Rights Act but later became president and then was for it

Lyndon Johnson

Voting Rights Act

1965 guaranteed by the 14th and 15th amendment

prohibits racial discrimination in voting.

Before the Voting Rights Act, what laws were in place

Jim Crow Laws

A literacy test that discriminated against blacks because they were uneducated


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

Voter ID Law

Govt Id to vote- it prevents voting twice or in wrong district. It prevents fraud