Govt 2025 Ch 5 Civil Liberties

civil liberty

the freedom to think and act without government interference or fear of unfair legal treatment

writ of habeas corpus

A court order requiring explanation to a judge why a prisoner is being held in custody.

Bills of Attainder Laws

when the legislature declares someone guilty without a trial

ex post facto law

a law that makes an act criminal although the act was legal when it was committed

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to bear arms

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

7th Amendment

Right to trial by jury

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9th Amendment

Citizens entitled to rights not listed in the Constitution

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

District of Columbia v. Heller

2008 Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Due Process

fair treatment through the normal judicial system, especially as a citizen's entitlement.

ACLU (American Civil Liberties Union)

It defends and preserves the individual rights and liberties that the Constitution and laws of the United States guarantee everyone in this country.

Barron v. Baltimore

Ruled that the Bill of Rights cannot be applied to the states.

Establishment Clause

Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."

parochial

church affiliated

Secular

Non-religious, science based

Engel v. Vitale

banned formal prayer in schools, goverment whould not make any religion the 'official' religion.

Santa Fe Independent School District v. Doe (2000)

students may not lead prayers before the start of a football game at a public school

Lemon v. Kurtzman (1971)

Lemon Test for Establishment Clause

(1) Primary purpose and effect of law must be secular; (2) Law cannot create "excessive entanglement" of government with religion (subjective standard)

Scopes Monkey Trial

1925, the trial that pitted the teaching of Darwin's theory of evolution against teaching Bible creationism

Reynolds v. US (1879)

Banned Polygamy. Distinguished between religious beliefs that are protected by the free exercise clause and religious practices that may be restricted. Ruled that religious practices cannot make an act legal that would otherwise be illegal.

Title VII of the Civil Rights Act of 1964

Forbids discrimination on the basis of sex, race, color, religion, or national origin in all areas of the employment relationship

Burwell v. Hobby Lobby (2014)

Allowed closely-held, for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law's interest.

Tinker v. Des Moines (1969)

Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes

Libel

written defamation

Slander

spoken defamation

Citizens United v. Federal Election Commission

Political spending by corporations, associations, and labor unions is a form of protected speech under the First Amendment

sedition

behavior that promotes rebellion or civil disorder against the state

Schenck v. United States

1919--Case involving limits on free speech. Established the "clear and present danger" principle.

Texas v. Johnson (1989)

Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.

prior restraint

A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.

DeJonge v. Oregon (1937)

Supreme Court case that applied the First Amendment's protections of freedom of assembly to the states.

Civil Disobedience

A nonviolent, public refusal to obey allegedly unjust laws.

NAACP v. Alabama (1958)

Freedom of association (the right to assemble in groups) was protected here.

Black Lives Matter

Civil rights movement sparked by a series of incidents of police brutality and lethal force against people of color.

U.S. v. Grace (1983)

the Supreme Court ruled that the First Amendment protects protests on sidewalks outside the Supreme Court building.

Lloyd Corporation, Ltd v Tanner

employees should use public space to protest rather than private space

Procedural Due Process

procedural laws that protect the rights of individuals who must deal with the legal system

substantive due process

the government must create fair policies and laws

Mapp v. Ohio (1961)

Evidence illegally gathered by the police may not be used in a criminal trial

eminent domain

the right of government to take private property for public use

Kelo v. New London (2005)

"Eminent Domain" may be used to take private property for the public good even if this means giving it to private developers

search warrant

a judge's order authorizing a search

presumption of innocence

innocent until proven guilty

Miranda v. Arizona (1966)

5th Amendment self-incrimination clause requires government agents to warn suspects of their right to remain silent and/or contact an attorney before questioning them when they are in custody. Statements made without Miranda Warning are inadmissible in court (like the exclusionary rule for evidence)

Gideon v. Wainwright (1963)

Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren Court's judicial activism in criminal rights.

Griswold v. Connecticut (1965)

Supreme Court decision in which the Court ruled that the Constitution implicitly guarantees citizens' right to privacy.

Roe v. Wade (1973)

Abortion rights fall within the privacy implied in the 14th amendment

Dobbs v. Jackson

a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion.

credit rating

a measure of a person's ability and willingness to make credit payments on time

Freedom of Information Act

Gives all citizens the right to inspect all records of federal agencies except those containing military, intelligence, or trade secrets; increases accountability of bureaucracy

HIPPA (Health Insurance Portability and Accountability Act)

protects medical privacy

Patriot Act

A controversial law overwhelmingly passed by Congress in October 2001, after the terrorist attacks of September 11 on the World Trade Center and the Pentagon. It greatly expanded the power of federal law enforcement authorities to move against suspected terrorists.

National Security Agency

the intelligence agency that is responsible for protecting U.S. government communications and producing intelligence by monitoring foreign communications. Can monitor domestic phone calls without a warrant.

Edward Snowden (2013)

exposed the NSA for spying on internet traffic worldwide