Studied by 0 peopleCivil 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
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