Civil Liberties Flashcards

Flashcards on Civil Liberties

Civil Liberties

Guarantees that protect us from government interference in areas of life.

Substantive Civil Liberties

Limits on what the government can or cannot do.

Procedural Civil Liberties

Rules regarding how the government must act; procedures the government must follow.

Civil Liberties

Acts as a check on the majority in order to allow unpopular minorities to speak and act as they desire.

Federalists' pledge to Anti-federalists

An unwritten but unequivocal pledge to add a bill of rights to the Constitution.

Bill Of Rights

The first 10 amendments to the U.S. Constitution.

Nationalizing the Bill of Rights (Incorporation)

The process by which the Bill of Rights was applied to the states through the 14th Amendment.

1897 SC Ruling

Ruled that states could not take property for public use without compensation (under the 14th Amendment).

1925 Supreme Court Ruling

Ruled freedom of speech is protected under due process from impairment by the states (under the 14th Amendment).

Selective Incorporation

The Supreme Court selectively applies the Bill of Rights to the states through the Fourteenth Amendment.

Palko v. Connecticut (1937)

Ruled that double jeopardy was not incorporated into the Fourteenth Amendment as a restriction on the powers of the states.

Establishment Clause

Freedom from the state imposing any particular religion.

Free Exercise Clause

Freedom to practice religion of choice without state interference.

Lemon Test

Government involvement must have a secular purpose; its effect is neither to advance nor to inhibit religion; and it does not entangle government and religious institutions in each other’s affairs.

Freedom of Speech

Requires a marketplace of ideas; however, there are limits and a balance among competing rights.

Citizens United v. Federal Election (2010)

Financial contributions are considered free speech.

Political Speech

Actions expressing political ideas, financial contributions to political causes, and protests.

Expressive Speech

Protected until it moves from the symbolic realm to direct incitement of damaging conduct with the use of “fighting words”.

Dennis v. United States (1951)

There is no substantial public interest in permitting lewd, obscene, profane, libelous, and the insulting or “fighting words”.

Commercial Speech

Not nearly as protected as political speech; a government need only have a rational reason to ban an advertisement.

Freedom of the Press

The government cannot prevent the print media from publishing what it desires.

Libel/Slander

Statements made in reckless disregard of the truth.

Justice William Brennan's definition of obscenity

Defined obscenity as speech or writing that appeals to prurient interest using contemporary community standards.

Second Amendment

The right of the people to keep and bear arms shall not be infringed; applies to states and localities.

DC v. Heller

Provides a constitutional right to keep a loaded handgun in the home for self-defense.

Due Process

The right of every citizen to be free of arbitrary action by national or state government.

Fourth Amendment

Guarantees the security of citizens against unreasonable searches and seizures.

Exclusionary Rule

The ability of courts to exclude illegally obtained evidence.

Fifth Amendment

Right to a grand jury, protection against double jeopardy, and eminent domain.

Sixth Amendment

The right to counsel (Gideon v. Wainwright).

Eighth Amendment

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

Right To Privacy

Facilitated by the Ninth Amendment; covers controversial matters such as birth control, abortion, gay sexual activity and the right to die.

Habeas Corpus

Detainees can seek relief from unlawful imprisonment.

Bills of Attainder

An act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial.

Ex Post Facto Laws

Law that retroactively changes the legal consequences of acts committed before the enactment of the law.