Civil Liberties and Civil Rights

These flashcards cover key concepts related to civil liberties and rights as discussed in the lecture notes, focusing on important amendments, landmark cases, and fundamental principles.

What is the primary focus of Civil Liberties?

Protection against the abuse of power by the government.

What do Civil Rights aim to protect?

Protection against discrimination based on group identity, ensuring equal application of the law.

What is stated in the Declaration of Independence regarding rights?

All men are created equal and endowed with unalienable rights including life, liberty, and the pursuit of happiness.

Who is quoted regarding the prosecutor's power over life and liberty?

Attorney General Robert Jackson, 1940.

What was Hamilton's view on a bill of rights in the Federalist Papers?

He believed it was unnecessary and could be dangerous by providing a pretext for claiming more powers.

What is the significance of Gitlow v. New York (1925)?

It began the process of incorporating the Bill of Rights to apply to state governments via the Fourteenth Amendment.

What does Amendment I guarantee?

Freedom of religion, speech, press, assembly, and petition.

What does the Establishment Clause prohibit?

Any form of legislation establishing a religion or favoring one religion over another.

What landmark ruling declared school-sponsored prayer unconstitutional?

Engel v. Vitale (1962).

What test did the Supreme Court establish in Lemon v. Kurtzman?

A three-part test to determine if governmental action regarding religion is constitutional.

What does the term 'Clear and Present Danger' relate to?

It relates to limitations on free speech, where speech that poses a clear and present danger can be restricted.

What did the Supreme Court decide in Brandenburg v. Ohio regarding free speech?

The standard was heightened to requiring that speech must incite imminent lawless action to be limited.

What important principle did New York Times v. United States (1971) establish?

Prior restraint on publication is generally not permissible; a free press can expose government deception.

What does Amendment V address?

Rights related to criminal proceedings, including protection against self-incrimination, double jeopardy, and ensuring due process.

What does Amendment VI guarantee to individuals in criminal prosecutions?

The right to a speedy and public trial, an impartial jury, and assistance of counsel.