Unit 3: Foundations of American Liberties & Rights

What are civil liberties?

The personal guarantees and freedoms that the Federal Government cannot abridge by law, constitution, or judicial interpretation.

What are civil rights?

The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.

What is the Bill of Rights?

The first ten amendments to the Constitution that outline civil liberties.

What is the role of the 14th Amendment in civil rights and liberties?

It provides citizenship, due process, and equal protection under the law.

What are the four freedoms protected in the First Amendment?

Freedom of Religion, Freedom of the Press, Freedom of Peaceful Assembly, Freedom of Speech.

What does the Free Exercise Clause protect?

It prohibits the US government from interfering with a citizen’s right to practice their religion.

What is the Establishment Clause?

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

What did Schenck v. US establish?

The Clear and Present Danger standard for speech protections.

What is symbolic speech?

Expression through nonverbal actions that is protected under the First Amendment.

What is prior restraint?

The government's right to stop spoken or printed expression in advance.

What was established in New York Times v. US?

That the government cannot invoke prior restraint on the press.

What is the main purpose of the Second Amendment?

To ensure the right of the people to keep and bear arms.

What case applied the Second Amendment to the states?

McDonald v. Chicago.

What is the Right to Privacy?

A right implied by other amendments, such as 1, 3, 4, 5, and 9.

What is the Taking Clause?

It prevents the government from taking private property for public use without just compensation.

What is Eminent Domain?

The government's right to take private land for public use.

What is Writ of Habeas Corpus?

A constitutional protection against indefinite detainment without proof or judgment.

What are Ex Post Facto Laws?

Laws that make an act illegal retroactively.

What are Bills of Attainder?

Legislative acts that impose punishment without a trial.

What is Procedural Due Process?

Addresses the manner in which the law is carried out.

What is Substantive Due Process?

Addresses whether a law violates basic rights to life, liberty, or property.

What does the 4th Amendment protect?

The right to be secure against unreasonable searches and seizures.

What is the ‘In Plain Sight’ rule?

Evidence in plain view can be used against an individual in a court of law.

What is the Exclusionary Rule?

Evidence obtained illegally cannot be used in court.

What case incorporated the Exclusionary Rule to the states?

Mapp v. Ohio.

What was the outcome of New Jersey v. TLO?

Students have fewer protections against searches in schools compared to non-school environments.

What protections does the 5th Amendment provide?

Protection against double jeopardy and self-incrimination.

What rights does the 6th Amendment guarantee?

The right to a speedy trial, a jury of peers, and to know the charges against oneself.

What did Gideon v. Wainwright establish?

The right to counsel in all cases.

What is the main focus of the 8th Amendment?

To ensure that the punishment fits the crime.

What issues can arise with the death penalty under the 8th Amendment?

Debate over methods and whether states can eliminate it.

What is the concept of federalism in relation to gun policy?

States create their own gun laws while national laws exist based on commerce clauses.

What was the significance of Griswold v. Connecticut?

Established the right to privacy through the shadows of other amendments.

What did Roe v. Wade affirm?

The right to privacy under the due process clause of the 14th Amendment.

What is the Clear and Present Danger test?

A legal standard to determine if speech can be restricted based on its potential to incite danger.

What does the Equal Protection Clause guarantee?

All citizens must receive equal protection under the law.

How does Selective Incorporation Doctrine affect the Bill of Rights?

It applies most, but not all, protections of the Bill of Rights to the states on a case-by-case basis.