Chapter 4: Civil Liberties – Key Vocabulary

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This set of vocabulary flashcards summarizes the key terms, clauses, amendments, and landmark cases discussed in the Chapter 4 lecture on Civil Liberties, helping students review foundational concepts before the exam.

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40 Terms

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Civil Liberties

Constitutional limits on government power meant to protect individual freedoms.

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Civil Rights

Constitutional guarantees that government officials will treat people equally regardless of protected characteristics such as race, gender, or religion.

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Bill of Rights

The first ten amendments to the U.S. Constitution (ratified 1791) that enumerate many fundamental civil liberties.

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Article I, Section 9

Constitutional section that bars bills of attainder, ex post facto laws, and unwarranted suspension of habeas corpus.

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Bill of Attainder

A legislative act that punishes a person without a judicial trial; prohibited by the Constitution.

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Ex Post Facto Law

A law that retroactively criminalizes actions; forbidden to Congress and the states.

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Writ of Habeas Corpus

Court order requiring government to justify a person’s detention; can only be suspended in rebellion or invasion.

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Incorporation

Judicial process of applying the Bill of Rights to the states through the Fourteenth Amendment’s Due Process Clause.

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Due Process Clause (14th Amendment)

Provision stating that no state may deprive any person of life, liberty, or property without due process of law; key to incorporation.

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Establishment Clause

First Amendment clause prohibiting government from creating an official religion or favoring one faith over another.

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Free Exercise Clause

First Amendment clause protecting individuals’ rights to practice religion without government interference.

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Free Speech Clause

First Amendment protection against government restrictions on most spoken, written, or symbolic expression.

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Free Press Clause

First Amendment protection preventing government from limiting the publication or dissemination of information.

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Free Assembly Clause

First Amendment protection of the right to gather peacefully for demonstrations, protests, or meetings.

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Right to Petition Clause

First Amendment guarantee allowing individuals or groups to address the government to seek remedies or policy changes.

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Freedom of Expression

Collective term for speech, press, assembly, and petition rights protected by the First Amendment.

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Second Amendment

Amendment stating the right of the people to keep and bear arms, interpreted in 2008 as an individual right for lawful purposes such as self-defense.

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District of Columbia v. Heller (2008)

Supreme Court case recognizing an individual’s right to possess firearms unconnected with militia service for lawful uses.

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Third Amendment

Amendment forbidding peacetime quartering of soldiers in private homes without the owner’s consent.

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Fourth Amendment

Amendment protecting against unreasonable searches and seizures and setting warrant requirements based on probable cause.

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Probable Cause

Reasonable grounds for believing a crime has been committed, required for issuance of a warrant.

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Exigent Circumstances

Situations allowing warrantless searches when evidence may be destroyed or public safety threatened if delayed.

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No-Knock Warrant

Judicial authorization allowing police to enter without announcing, justified by risk of evidence destruction or danger.

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Fifth Amendment

Amendment providing grand-jury indictment, double-jeopardy protection, self-incrimination privilege, due process, and just compensation for takings.

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Double Jeopardy

Being prosecuted twice for the same offense in criminal court; barred by the Fifth Amendment.

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Self-Incrimination

Compelling a person to testify against themselves in criminal proceedings; prohibited by the Fifth Amendment.

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Miranda v. Arizona (1966)

Case requiring police to inform suspects of their rights against self-incrimination and to counsel during custodial interrogation.

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Eminent Domain

Government power to take private property for public use with just compensation, limited by the Fifth Amendment.

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Sixth Amendment

Amendment guaranteeing a speedy and public trial, impartial jury, notice of charges, confrontation and compulsory process of witnesses, and assistance of counsel.

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Speedy Trial

Sixth Amendment right ensuring criminal defendants are tried without unnecessary delay.

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Gideon v. Wainwright (1963)

Supreme Court decision requiring states to provide counsel to indigent defendants in felony cases.

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Seventh Amendment

Amendment preserving the right to a jury trial in most civil lawsuits.

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Eighth Amendment

Amendment barring excessive bail, excessive fines, and cruel and unusual punishment.

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Cruel and Unusual Punishment

Punishment considered inhumane or disproportionate, prohibited by the Eighth Amendment; central to death-penalty debates.

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Ninth Amendment

Amendment stating that listing certain rights in the Constitution does not deny others retained by the people.

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Tenth Amendment

Amendment reserving powers not delegated to the federal government to the states or the people.

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Right to Privacy (Implied)

Judicially recognized individual right inferred from several amendments, first affirmed in Griswold v. Connecticut (1965).

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Ex parte Quirin (1942)

Case upholding military commissions’ jurisdiction over unlawful enemy combatants captured in the United States.

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Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)

Supreme Court ruling favoring a baker’s religious freedom in refusing to make a wedding cake for a same-sex couple.

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Federal case where a church successfully challenged Washington, DC’s pandemic gathering limits on religious freedom grounds.