Untitled Flashcards Set

Civil Liberties

Rights enumerated in the first 10 amendments, fundamental rights legally protecting Americans, guaranteed by the Constitution.

Civil Rights

Legal protections ensuring equality and equal protection without discrimination, implied by the amendments.

Incorporation Doctrine

A principle that practices incorporating or applying the rights guaranteed by the bill of rights into states.

Due Process Clause

Prevents states from denying people their rights without fair legal procedures.

Equal Protection Clause

people are treated equally under the law. Guarantees that the government treats similarly situated individuals equally, preventing discrimination.

Privileges and Immunities

Protects citizens from discrimination between states and guarantees equal treatment under the law.

Barron v. Baltimore (1833)

Bill of Rights only applied to the federal government, not state governments, reinforcing federalism by restricting national authority over state laws and laid the foundation for the incorporation doctrine.

Gideon v. Wainwright (1962)

Supreme Court case that ruled states must provide legal counsel to defendants who cannot afford an attorney. First instance of incorporation.

Libel

A form of defamation attempting to damage another’s reputation, deemed unprotected speech.

Obscene Speech

Speech that falls into three categories: prurient interest, patently offensive, and lacking serious value.

Inciting Violence

Speech intended to incite immediate unlawful acts, unprotected under the law.

Schenck v. United States (1919)

Case that established the 'clear and present danger' test regarding free speech during wartime.

Chaplinsky v. United States (1942)

Case that deemed 'fighting words' as unprotected speech, potentially causing immediate harm.

Brandenburg v. Ohio (1969)

Established the imminent lawless action test for unprotected speech inciting violence.

Free Exercise Clause

Clause that guarantees individuals the right to practice their religion freely without government interference.

Establishment Clause

Prohibits governmental establishment of a religion, ensuring separation of church and state.

Engel v. Vitale (1962)

Supreme Court case that ruled against school-sponsored prayers, reinforcing the Establishment Clause.

Employment Division v. Oregon (1990)

Case concerning religious practices and state drug laws, affirming limitations on religious freedom in certain contexts.

Church of Lukumi Babalu Aye v. City of Hialeah (1993)

Case that ruled in favor of the church's right to practice religion freely, striking down laws prohibiting animal sacrifice.

2nd Amendment

Amendment protecting the right of the people to keep and bear arms, controversial regarding gun control.

Carry and Conceal Law

Regulations allowing individuals to carry concealed firearms in public.

Red Flag Law

Laws allowing temporary removal of firearms from individuals deemed a risk to themselves or others; constitutional questions exist.

U.S. v. Miller (1939)

Case addressing the regulation of firearms, affirming some governmental control over weapons.

D.C. v. Heller (2008)

Supreme Court case affirming the individual's right to possess firearms for self-defense within the home.

McDonald v. Chicago (2010)

Case that incorporated the Second Amendment to the states, affirming the right to bear arms.

5th Amendment

Protects against self-incrimination and double jeopardy; guarantees due process.

14th Amendment

Addresses citizenship rights and equal protection under the law.

Habeas Corpus

Legal action allowing individuals to seek relief from unlawful detention.

Bill of Attainder

Legislative act that singles out an individual or group for punishment without trial.

Ex Post Facto

Law that makes an act illegal retroactively; prohibited by the Constitution.

Substantive Due Process

Legal doctrine that protects certain fundamental rights from government interference.

Procedural Due Process

Legal doctrine ensuring fair procedures and trials before depriving individuals of life, liberty, or property.