Civil Rights and Civil Liberties

Chapter 6-7

Bill of Attainder

A power denied to Congress (prohibited by the US Constitution). A law that inflicts punishment without judicial process.

Symbolic

Speech can be (blank), not just spoken words (e.g. arm bands in Tinker)

Privacy

This right was established by SCOTUS in the Griswold v. Connecticut 1965 stating that birth control is covered by a right to (blank). It was later used in Roe v. Wade 1973

Due Process

In the 5th and 14th Amendments, states that you cannot be denied life, liberty, or property without going through the proper procedures.

Ninth

Amendment that states that there are unenumerated rights not mentioned in the Constitution.

Obergefell

This case in 2015 ruled that the Fourteenth Amendment’s Equal Protection clause and Due Process clause allow for same-sex marriages be recognized by every state (blank) v. Hoges

Civil Rights

Group rights. Freedom from discriminatory treatment by government or individuals. These are NOT listed in the bill of rights (such as the right to vote). These are known as (blank blanks)

Equal Protection

A clause in the 14th Amendment it states that all citizens have (blank blank) under the law. This is the clause used to decide Baker v. Carr, Shaw v. Reno, and Brown v. Board of Education.

Slander

False spoken statement that defames the character of a person.

Eighth

Prohibits cruel and unusual punishment (though SCOTUS has ruled that the death penalty is not cruel and unusual).

Clear and Present

In Schenk v. U.S., SCOTUS said that free speech can be limited if there is a (blank blank blank) danger to that free speech.

Sixth

Amendment that states that you have the right to a speedy and public trial and you have the right to counsel (attorney).

Fourth

Amendment that deals with searches and seizures and led to the exclusionary rule.

Miranda

In the 1966 case of (blank) v. AZ, his conviction was overturned because he didn’t understand his rights. Now we have the (blank) rights read to us if we are charged with a crime.

Incorporation

Originally the Bill of Rights did not apply to the states. Now they do thanks to a process know as selective (branch). Selective means it was done on a case by case basis (not all at once)

SCOTUS

Abbreviation for Supreme Court of the United States.

Libel

False written statements designed to defame the character of a person.

Ex Post Facto

A law designed to punish after the fact. A power denied to Congress.

Civil Liberties

Individual rights/freedoms that government cannot abridge by law, constitution, or judicial interpretation. These are the ones actually in the Bill of Rights. (blanks blanks)

Free Exercise

Clause in the First Amendment that says you can practice any religion that you want (as long as you aren’t violating any other laws). Used in Wisconsin v. Yoder)

Habeas Corpus

Meaning the “Body of Law” it is a petition requesting that a judge order an authority to prove that a prisoner is held lawfully. Prisoners have a right to know the charges against them.

Review

Established by Marbury v. Madison in 1803, it allows the Judicial Branch to rule on the constitutionality of the actions of the Executive and Legislative branches. Judicial (blank)

Implied

Building interstate highways and passing laws regarding education are powers of Congress that are (blank) not expressed clap clap!

House

According to the Constitution, all spending starts in the (blank)

Tenth

The Amendment that reserves powers to the states. It’s the federalism Amendment.

Roe

A 1973 case that used the precedent in Griswold (right to privacy) to allow for legalized abortion in every state. (blank) v. Wade 1973. Overturned by Dobbs v. Jackson

Lemon Test

Can government provide tax dollars to religious schools? YES as long as it passes the (blank blank). 1) Money is secular. 2) Money doesn’t advance/inhibit religion. 3) Money doesn’t foster excessive involvement with religion

Fifth

Amendment: no self-incrimination, eminent domain, no double jeopardy.

Exclusionary

The rule based on the 4th amendment that excludes evidence that is seized illegally from trial from Mapp v. Ohio

Gideon

(blank) v. Wainwright 1963 - Supreme Court case that ruled that if you cannot afford an attorney, one will be provided to you from the 6th Amendment.

Establishment

The clause in the Constitution that states government will not make religion. This clause was used in Engle v. Vitale.

Prior Restraint

This stops the government from prohibiting the publication of news or stopping speech before the speech actually happens (e.g. The NY Times wants to publish government secrets about the Vietnam War)