Unit #3: Civil Liberties & Civil Rights

Civil Liberties

fundamental rights and freedoms protected from infringement by the government —

Bill of Rights

• first ten amendments of the constitution

• written by James Madison

• Championed by Anti-federalists

• a list of fundamental rights and freedoms that individuals possess

Due Process Clause

no STATE can deny a person "life, liberty, or property without due process of law"

Selective Incorporation

• the BOR did not apply to the states; the language specifically protects citizens from the federal government

• the BOR has only applied to the states on a case-by-case basis

Establishment Clause

prevents Congress from making a national church or religious institution

Free Exercise Clause

protects the right of citizens to freely practice their religion without influence

Freedom of Expression

• a fundamental right affirmed in the First Amendment to speak, publish, and protest

Clear and Present Danger Test

legal standard that speech posing an immediate and serious threat to national security is not protected by the First Amendment

Prior Restraint

the suppression of material prior to publication on the grounds that it might endanger the national security

Symbolic Speech

protected expression in the form of images, signs, and other symbols

Libel

an untrue written statement that injures a person's reputation

Slander

an untrue spoken e that expression that injures a person's reputation

Ex Post Facto

cannot be punished for something that was legal at the time you did it

Bill of Attainder

a law passed by Congress punishing an individual without a trial (the LAW punishes them, not Congress)

Writ of Habeas Corpus

a document setting out reasons for an arrest or detention

Double Jeopardy

protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction

Miranda Rights

• the right to remain silent and to have an attorney present during questioning.

• these rights must be given by police to individuals suspected of criminal activity.

Civil Rights

• protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics, ensuring equal treatment under the law

• protections from discrimination as a member of a particular group

13th Amendment

abolished slavery

14th Amendment

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

15th Amendment

Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude (allowed black men to vote)

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Separate but Equal

upheld by the SCOTUS case Plessy v. Ferguson (1896), concluded that facilities could be separate as long as they were equal.

Legal Segregation

separation by law of individuals based on race

De Jure Segregation

segregation by law

De Facto Segregation

segregation by social rule

Affirmative Action

a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender

19th Amendment

Gave women the right to vote

Civil Rights Act of 1964

legislation outlawing racial segregation in public places and authorized the attorney general to sue individual school districts that failed to desegregate

Voting Rights Act of 1965

legislation outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in areas with a history of voter discrimination

Title IX of the Education Amendments of 1972

legislation prohibiting sex discrimination in schools receiving federal aid (most visible in the funding of women's athletics)

1st Amendment

protects the freedom of religion, speech, press, assembly, and petition

2nd Amendment

protects the right to keep and bear arms

3rd Amendment

protects citizens from having soldiers quartered in their homes

4th Amendment

protects against unreasonable searches and seizure of personal property and effects

5th Amendment

deals with the rights of citizens when they are accused of crimes

6th Amendment

explains how the process will go when a person is accused of a crime and explains the protect to which they are entitled

7th Amendment

guarantees the right to trial by jury

8th Amendment

protects against cruel and unusual punishment

9th Amendment

acknowledges that if there are other rights not mentioned in the first ten amendments, their exclusion from the list does not mean such rights are not protected — the list is not exhaustive

10th Amendment

states that any powers not explicitly granted by the Constitution to the federal government belong exclusively to the states