Reading Guide: Chapter 4 Civil Liberties

Blue law

A law that restricts certain activities on Sundays

Civil liberties

Basic freedoms protected from government interference

Civil rights

Rights that ensure equal treatment under the law

Double jeopardy

Cannot be tried twice for the same crime

Due process clause

Government must follow fair legal procedures

Eminent domain

Government can take private property for public use with payment

Establishment clause

Government cannot establish or favor a religion

Exclusionary rule

Illegally obtained evidence cannot be used in court

Free extercise clause

Protects the right to practice your religion

Miranda warning

Police must inform suspects of their basic rights before questioning

Plea bargain

An agreenemnt where a defendant pleads guilty for a lesser charge or sentence

Probable cause

Reasonable belief that a crime occurred or evidence exists

Right to privacy

Protection from unreasonable government intrusion into personal matters

Search warrant

Court permission for police to search a specific place

Self-incrimination

The right not to testify against yourself

Symbolic speech

Actions that express an idea or messege

Explain why the Bill of Rights was added to the Constitution.

To protect people’s basic rights and freedoms from government abuse.

Briefly explain the difference between civil liberties and civil rights.

Civil liberties protect individual freedoms, while civil rights protect people from discrimination and ensure equal treatment.

Explain the difference between a criminal case and a civil case.

Criminal cases involve crime and punishments, while civil cases involve disputes between people or organizations.

Explain the concept of selective incorporation (incorporation doctrine), and why it became nessesary.

Selective incorporation applies most Bill of Rights protections to the states through the 14th Amendment. It became necessary to protect individual rights from state governments.

What are the provisions of the First Amendment?

RSPAP (Religion, speech, press, assembly, and petition)

Explain the difference between the establishment clause and the free exercise clause, and explain how these two clauses work together to guarantee religious freedoms.

The Establishment Clause prevents the government from favoring or creating a religion, while the Free Exercise Clause protects people’s right to practice their religion. Together, they protect religious freedom.

The farmers of the Constitution were originally reluctant to include protections of civil liberties and rights in the Constitution. Why?

Because the Federalists believed a Bill of Rights was unnecessary and potentially dangerous. They thought the Constitution already limited the federal government’s powers, and listing specific rights might suggest that any rights not listed were not protected.