polotics ch4

Civil Liberties

Fundamental rights and freedoms that protect individuals from government overreach.

Civil Liberties vs Civil Rights

Civil liberties are protections against government actions, while civil rights are guarantees of equal treatment under the law.

Procedural Civil Liberties

Rights that ensure fair procedures during legal processes, such as the right to a fair trial.

Substantive Civil Liberties

Rights that protect individuals from government interference in fundamental rights, such as freedom of speech.

Original Civil Liberties in the Constitution

The original Constitution outlines protections such as habeas corpus and prohibits bills of attainder.

Bill of Rights

The first ten amendments to the Constitution that enumerate specific protections for individual liberties.

Establishment Clause

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

Free Exercise Clause

Protects individuals' rights to practice their religion without government interference.

Freedom of Speech (1st Amendment)

Protects the right to express ideas and information; limitations include obscenity, defamation, and incitement to violence.

2nd Amendment

Protects the right to keep and bear arms; court interpretations have evolved to affirm individual rights.

3rd Amendment

Protects citizens from the forced quartering of soldiers in their homes.

4th Amendment

Protects against unreasonable searches and seizures; requires warrants to be judicially sanctioned.

Probable Cause

The standard by which police have reason to obtain a warrant for searching or arresting a person.

Warrant

A legal document authorizing a police officer to make an arrest, search premises, or carry out some other action.

Exclusionary Rule

A legal principle that excludes unconstitutionally obtained evidence from being used in court.

5th Amendment Protections

Provides protections against self-incrimination, double jeopardy, and guarantees due process.

6th Amendment Protections

Guarantees the rights to a fair trial, an impartial jury, and legal counsel.

8th Amendment Protections

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

10th Amendment

Affirms that powers not delegated to the federal government are reserved for the states or the people.

Bill of Rights Constraints

Constrained action from the federal government regarding individual rights and liberties.