Civil Liberties/Rights (Unit 3)

14th Amendment (2 clauses)

Civil liberties

Basic protection of individual freedoms from the government

Civil rights

Protect against discriminatory treatment/ rights being evenly distributed

Selective incorporation

Constitutional doctrine which ensured states could not enact laws that take away constitutional rights mentioned in bill of rights (allowed federal gov to limit states lawmaking powers)

Expressed/symbolic speech

Nonverbal and nonwritten forms of communication which are protected by the first amendment unless it poses a threat to others/public order (ex. flag burning, wearing arm bands and burning of draft cards)

Compelling interest test

Part of the strict scrutiny test by which the courts exercise judicial review legislative and executive enactments that 

De facto segregation

What happens naturally/ in practice 

De jure segregation

What happens according to law

Due process rights 

The government must give people a chance to defend themselves in a fair hearing before infringing on their rights (in 5th amendment).

Exclusionary rule

Prevents evidence from being collected/analyzed if it violates constitutional rights. 

Fighting words 

Spoken worded intended to incite violence which is not protected under 1st amendment. 

Procedural due process 

The procedures the government take before depriving you of your constitutional rights. 

• procedure 

Substantive due process 

principle that protects

• substance

Prior restraint 

Government restricts speech (any form of expression like press) before its said/ make public

Rational basis test 

Judicial review test used to determine constitutionality of a statute. 

• no suspect of quasi-suspect class and no fundamental right is involved

• statute likely to be upheld

Suspect classification 

class of individual who have been historically discriminated 

• race, religion, national origin, and alienage

Wall of separation 

Jefferson letter with principle of separation of church and state

Equal protection rights 

Government must apply its laws fairly and treat everyone the same without a valid reason.

Letter from a Birmingham Jail

• letter by Martin Luther in response to a public statement of concern and caution issued by eight white religious leaders of the South.

• nonviolent/ civil disobedience protest is needed to fight racial injustice