Week 3 - American Government

Practice flashcards covering definitions and key concepts of American Government regarding civil rights, liberties, and constitutional amendments.

Civil Liberties

Basic rights of a citizen stated in the Bill of Rights, such as freedom of speech and the right to bear arms, which the government cannot take away or change.

Civil Rights

Basic human rights that ensure all people are treated equally and protect against unfair treatment due to race, sex, and other characteristics.

First Amendment Freedoms

Includes the freedom of religion, speech, press, assembly, and the right to petition the government.

Bill of Attainder

A legislative act that declares a person guilty and denies them the chance to go to court.

Ex Post Facto Law

A law that changes the legal consequences of an act after it was committed, potentially making a legal act illegal and charging a person for it.

Habeas Corpus Rights

The right of a person held in jail to go to court and have the government explain why they are being detained.

James Madison's Constitutional Concern

He was hesitant to list rights in a Bill of Rights because he felt the Constitution could not list every single right held by the people.

9th Amendment

A provision stating that the people have more rights than those specifically listed in the Constitution.

Selective Incorporation

The doctrine through which the Bill of Rights is applied to protect citizens' rights at the state level.

Procedural Due Process Rights

The requirement that the government must follow established rules and procedures for the court process.

Substantive Due Process Rights

The principle that the government cannot unfairly violate fundamental rights.

Plessy v. Ferguson

The court case that upheld racial segregation through the “separate but equal” doctrine.

Brown v. Board of Education

The court case that decided racial segregation in public schools was unconstitutional.

Constitutional Right to Privacy

A right derived from the 1st, 3rd, 4th, 5th, 9th, and 14th amendments.

Commerce Clause

The constitutional provision that granted Congress the power to pass the Civil Rights Act of 1964 to ban discrimination in public accommodations.

Unprotected Speech Examples

Specifically includes true threats, defamation, and incitement to imminent lawless action.

Free Exercise Clause

A clause protecting the right of people to practice their chosen religion.

Establishment Clause

A clause preventing the government from picking or establishing a certain religion.

Exclusionary Rule

A rule established via Dolree Mapp's case (Mapp v. Ohio) stating that illegally obtained evidence cannot be used against a defendant in court.

The Lemon Test

A three-part test for the Establishment Clause: the law must have a secular purpose, its primary effect must neither advance nor inhibit religion, and it must not create excessive government entanglement with religion.

Unreasonable Search & Seizure

A search or seizure conducted without a valid warrant or a recognized exception to the warrant requirement.

Warrant Requirements

A valid warrant requires probable cause, an affirmation, issuance by a judge, a particular place to be searched, and a description of items to be seized.

Miranda v. Arizona

The case that established the requirement for police to inform suspects of their rights.

Miranda Rights

The right to remain silent, the warning that anything said can be used against you, the right to an attorney, and the provision of a court-appointed attorney if you cannot afford one.

Double Jeopardy

The act of being tried or punished twice for the exact same crime.

Takings Clause Requirements

The taking of private property must be for public use, and the owner must receive just compensation.

Felony

A serious crime usually punishable by more than 1 year in prison.

Misdemeanor

A less serious crime compared to a felony.

Sixth Amendment Procedural Rights

Includes the right to a speedy trial, public trial, impartial jury, notice of charges, the right to confront witnesses, and assistance of an attorney.

Emancipation Proclamation

The executive order that freed slaves in the confederate states during the Civil War.

13th Amendment

The amendment that permanently abolished slavery.

Clear and Present Danger Test

A legal standard stating speech may be restricted if it creates a clear and immediate danger.

Suffrage Amendments

The 15th, 19th, and 26th amendments, which expanded the right to vote.

23rd Amendment

The amendment allowing citizens of the District of Columbia to vote for the president.

Prior Restraint

Government censorship that prevents material from being published before it is released.

8th Amendment Prohibition

Bans punishments that are excessively harsh, inhumane, or disproportionate to the crime committed.