American Government Chapter 4: Civil Liberties and Constitutional Rights

What are civil liberties?

Freedoms that protect individuals from government overreach, as opposed to civil rights which focus on equality.

What power do courts have regarding laws?

Judicial review, which allows courts to determine the constitutionality of laws.

What does it mean if a law is unconstitutional?

It means the law is inconsistent with the Constitution and is therefore void.

What is originalism in constitutional interpretation?

A method that interprets the Constitution based on the original understanding at the time it was adopted.

What is the Bill of Rights?

The first 10 amendments to the Constitution that guarantee individual rights.

What rights are protected by the 1st Amendment?

Freedom of speech, press, assembly, petition, free exercise of religion, and establishment clause.

What does the 5th Amendment protect?

Rights related to criminal proceedings, including grand jury indictment, double jeopardy, and due process.

What is the significance of the 14th Amendment?

It provides for equal protection under the law and due process for all citizens.

What does the 8th Amendment prohibit?

Excessive bail, excessive fines, and cruel and unusual punishment.

What is selective incorporation?

The process by which the Supreme Court has applied the Bill of Rights to the states through the 14th Amendment.

What is the Lemon Test?

A three-part test used to determine if a law violates the Establishment Clause.

What is the Free Exercise Clause?

It protects individuals' rights to practice their religion freely without government interference.

What is the Establishment Clause?

It prohibits the government from establishing an official religion or unduly favoring one religion over another.

What is the significance of the case Gideon v. Wainwright?

It established the right to counsel for indigent defendants in criminal cases.

What does the 4th Amendment protect against?

Unreasonable searches and seizures without a warrant.

What is the exclusionary rule?

A legal principle that excludes evidence obtained in violation of a defendant's constitutional rights.

What was the ruling in Furman v. Georgia?

The Supreme Court ruled that the death penalty, as applied, was cruel and unusual punishment.

What is the significance of the case Mapp v. Ohio?

It incorporated the exclusionary rule to the states, prohibiting illegally obtained evidence in state courts.

What are the three levels of scrutiny used by the Supreme Court?

Rational Basis, Intermediate Scrutiny, and Strict Scrutiny.

What does the term 'balancing tests' refer to in civil liberties?

Tests used to weigh governmental interests against individual rights.

What is the significance of the case Roe v. Wade?

It recognized a woman's right to choose to have an abortion under the right to privacy.

What does the Takings Clause of the 5th Amendment state?

The government cannot take private property for public use without just compensation.

What is the right to privacy?

An implied right that protects personal privacy from governmental intrusion.

What is the significance of Lawrence v. Texas?

It struck down laws criminalizing consensual same-sex conduct, affirming the right to privacy.

What does the term 'corporate rights' refer to?

The recognition that corporations have some of the same rights as individuals under the 14th Amendment.

What does the term 'rights revolution' refer to?

The period of significant expansion of civil rights and liberties, particularly during the Warren Court era.

What is the significance of the case Timbs v. Indiana?

It incorporated the 8th Amendment's protection against excessive fines to the states.

What are the Civil War Amendments?

The 13th, 14th, and 15th Amendments, which abolished slavery, granted citizenship, and voting rights to African American men.