Civil Liberties

This set of vocabulary flashcards covers Civil Liberties as presented in Chapter 4 of the American Government 3e OpenStax textbook, including definitions of the Bill of Rights amendments, constitutional clauses, and key Supreme Court precedents.

Civil liberties

Limitations of government power that are designed to protect freedoms.

Civil rights

Constitutional guarantees that the government (and all government officials) will treat people equally, regardless of whether they belong to a protected class, such as race, gender, ethnic origin, or religion.

Bill of Rights

The first ten amendments to the Constitution, created in $1789$ and ratified in $1791$, containing many of the most important protected civil liberties.

Bill of attainder

A law that punishes a convict or punishes a person for a crime without a trial; prohibited under Article I, Section 9 of the Constitution.

Ex post facto law

A law that takes effect retroactively; prohibited under Article I, Section 9 of the Constitution.

Writ of habeas corpus

A requirement for an ex parte hearing by a neutral judge to determine whether a person has been unlawfully detained.

Ex parte Quirin

A 1942 Supreme Court case that set a precedent for the trial by military commission of any unlawful combatant against the United States.

First Amendment

Protects the right to freedoms of religion and speech, the right to assemble, and the right to petition the government for redress of grievances.

Second Amendment

Protects the right to keep and bear arms.

Third Amendment

Protects the right not to house soldiers during time of war.

Fourth Amendment

Protects the right to be secure from unreasonable search and seizure.

Fifth Amendment

Protects rights in criminal cases, including due process, protection against double jeopardy and self-incrimination, and indictment by grand jury for capital crimes.

Sixth Amendment

Protects the right to a speedy and public trial by an impartial jury and the right to the assistance of counsel.

Seventh Amendment

Protects the right to a jury trial in civil cases.

Eighth Amendment

Protects the right not to face excessive bail, excessive fines, or cruel and unusual punishment.

Ninth Amendment

States that all rights are retained by the people, even if they are not specifically enumerated by the Constitution.

Tenth Amendment

States that all powers not specifically delegated to the federal government (or prohibited to the states) are retained by the states or the people.

Incorporation

The process by which the Supreme Court gradually expanded the protections of the Bill of Rights to cover state government actions through the Fourteenth Amendment.

Due Process Clause

The clause in the Fourteenth Amendment upon which incorporation relies to apply constitutional protections to state governments.

John Bingham

Representative (R-OH) and strong supporter of the antislavery cause who is considered the author of the Fourteenth Amendment.

Establishment Clause

Prohibits the government (federal or state) from establishing a state religion or from favoring one religion over another.

Free Exercise Clause

Prohibits the government from preventing or controlling religious practices.

Freedom of expression

Refers to the rights protected under the First Amendment’s Free Speech, Free Press, Free Assembly, and Right to Petition Clauses.

Masterpiece Cakeshop v. Colorado Civil Rights Commission

A U.S. Supreme Court case that ruled in favor of a baker who refused to bake a wedding cake for a lesbian couple citing religious beliefs.

Search warrant

A legal document issued upon probable cause, supported by oath or affirmation, and describing the place to be searched and items to be seized.

Exigent circumstances

Legal exceptions to the warrant requirement where there is a reasonable expectation that evidence may be destroyed or tampered with before a warrant can be issued.

Double jeopardy

Protection against repeated prosecution for the same crime after an acquittal or conviction.

Miranda v. Arizona

Supreme Court case outlining custodial rights, including the right of persons in police custody to be informed of their right against self-incrimination.

Eminent domain

The government's power to take private property for public use provided there is just compensation.

Public defenders

Attorneys who represent persons during criminal prosecution if they are unable to pay for their own defense, as guaranteed by the Sixth Amendment.

United States execution rate

Between $2007$ and $2019$, the United States had an average of $35.0$ annual executions, ranking 12th highest per capita in the world.

Right to privacy

An implied right affirmed by the Supreme Court in $1965$ that is not explicitly mentioned in the U.S. Constitution.