Civil Liberties and Rights Flashcards

Flashcards reviewing key concepts from a lecture on civil liberties and rights, covering landmark cases and constitutional amendments.

Civil Liberties

Rights of a citizen to be free from undue government interference.

Civil Rights

Rights of a citizen to be free of unequal treatment on the basis of race, gender, or demographic.

What is guaranteed by the First Amendment?

What are the rights related to speech, assembly, petition, and religion?

What does the Second Amendment protect?

Protects the right to bear arms.

What does the Third Amendment prevent?

Citizens do not have to quarter soldiers.

What protection does the Fourth Amendment provide?

Protects against unreasonable search and seizure without a warrant.

What right does the Sixth Amendment guarantee in criminal cases?

Right to a speedy and public trial.

What protection does the Eighth Amendment provide?

Protects against cruel and unusual punishment.

What does the Tenth Amendment state?

Powers not given to the federal government are reserved for the states or the people.

What is selective incorporation?

Gradual process where the Constitution effectively inserts parts of the Bill of Rights into state laws.

What was the Supreme Court's ruling in Engel v. Vitale?

Ruled that mandatory teacher-led prayer in schools violates the establishment clause of the First Amendment.

What was the Supreme Court's ruling in Wisconsin v. Yoder?

Ruled that Wisconsin violated the free-exercise clause by fining Amish families for not sending their children to school.

What was the ruling in Schenck v. U.S.?

Schenck's actions encouraging resisting the draft were not protected by the free speech clause due to 'clear and present danger.'

What was the ruling in Tinker v. Des Moines?

School violated students' 'symbolic speech' by suspending students for protesting the Vietnam War.

What was the ruling in New York Times v. US (1971) regarding the Pentagon Papers?

The Nixon administration's attempt to prevent the publication of the Pentagon Papers violated the 1st Amendment; didn't meet justification for prior restraint.

What is libel?

Act of damaging someone's reputation by printing false statements.

What was the outcome of District of Columbia v. Heller and McDonald v. Chicago?

Laws placing restrictions on gun ownership were struck down as giving the government too much power.

What does the Eight Amendment protect?

Protects individuals from cruel and unusual punishment.

What is the rule of law?

Law applied equally and fairly to every citizen.

What is due process?

Legal requirement that an individual's rights must be respected by a state government.

What does the Fourteenth Amendment guarantee?

Guarantees certain rights against infringement of state governments: citizenship, due process, and equal protection.

What is total incorporation?

Doctrine that applies all guarantees of the Bill of Rights to the state level without exception.

What was the Supreme Court's ruling in Gideon v. Wainwright (1963)?

Ruled with Gideon, requiring states to provide a lawyer to any defendant who could not afford one.

What is the Miranda rule?

Requirement that law enforcement must inform an arrested person of their right not to incriminate themselves.

What is the public safety exception to the Miranda rule?

Police can perform unwarned interrogation if the information relates to public safety.

What does the right to a speedy public trial protect?

Protects defendant from having a long delay between arrest and trial.

What is the right to an impartial jury?

Defendant's right to face a jury that is not likely to have a predisposed opinion on the case.

What is the 'penumbra' of privacy?

SC ruled amendments in the Bill of Rights cast a 'penumbral shadow' of the right to privacy, implied by the 9th amendment..

How did Roe v. Wade expand the right to privacy?

Extended right to privacy to include abortion.

What does the Civil Rights Act of 1964 do?

Prohibits segregation in public sectors as well as discrimination.

What was the main argument in 'Letter from a Birmingham Jail'?

Critiqued the idea that civil rights demonstrators should wait to pursue racial justice; unjust laws must be broken.

What is the Voting Rights Act of 1965?

Legislation prohibiting racial discrimination in voting.

What was the ruling in Brown v. Board of Education?

Racially discriminated schools violate the 14th amendment because accommodations were not equal.