Podcast
Questions and Answers
What are civil liberties?
What are civil liberties?
- Protections from improper government action (correct)
- Privileges given to citizens based on wealth
- Rights granted by state legislatures
- Responsibilities of citizens in a democracy
What does habeas corpus ensure?
What does habeas corpus ensure?
An individual in custody is brought into court and shown the cause for detention.
What is a bill of attainder?
What is a bill of attainder?
A law that declares a person guilty of a crime without a trial.
What do ex post facto laws do?
What do ex post facto laws do?
What is the Bill of Rights?
What is the Bill of Rights?
What is selective incorporation?
What is selective incorporation?
What does the establishment clause state?
What does the establishment clause state?
What did the Lemon Test establish?
What did the Lemon Test establish?
What rights does the free exercise clause protect?
What rights does the free exercise clause protect?
What is the clear and present danger test used for?
What is the clear and present danger test used for?
What is meant by 'speech plus'?
What is meant by 'speech plus'?
What is prior restraint?
What is prior restraint?
Define libel.
Define libel.
What is slander?
What is slander?
What are fighting words?
What are fighting words?
What does due process of law guarantee?
What does due process of law guarantee?
What is the exclusionary rule?
What is the exclusionary rule?
What is a grand jury?
What is a grand jury?
What does double jeopardy prevent?
What does double jeopardy prevent?
What is the Miranda rule?
What is the Miranda rule?
What is eminent domain?
What is eminent domain?
What does the right to privacy imply?
What does the right to privacy imply?
What did Cantwell v. Connecticut establish?
What did Cantwell v. Connecticut establish?
Define procedural liberties.
Define procedural liberties.
What principle did Palko v. Connecticut establish?
What principle did Palko v. Connecticut establish?
What issue did Griswold v. Connecticut address?
What issue did Griswold v. Connecticut address?
What is property protection in terms of civil liberties?
What is property protection in terms of civil liberties?
What does the death penalty controversy reflect?
What does the death penalty controversy reflect?
For more than 170 years the Bill of Rights did not really affect __________.
For more than 170 years the Bill of Rights did not really affect __________.
What does the Second Amendment ensure?
What does the Second Amendment ensure?
___________ limit what the government can do.
___________ limit what the government can do.
____________ define how the government can act.
____________ define how the government can act.
Government policies after 9/11 have illustrated the tension between __________.
Government policies after 9/11 have illustrated the tension between __________.
What does the First Amendment protect?
What does the First Amendment protect?
What does the Fourth Amendment protect?
What does the Fourth Amendment protect?
What does the Fifth Amendment address?
What does the Fifth Amendment address?
What rights are guaranteed by the Sixth Amendment?
What rights are guaranteed by the Sixth Amendment?
What does the Eighth Amendment prevent?
What does the Eighth Amendment prevent?
What does the Third Amendment prohibit?
What does the Third Amendment prohibit?
What does the Seventh Amendment guarantee?
What does the Seventh Amendment guarantee?
What does the Ninth Amendment state?
What does the Ninth Amendment state?
What principle does the Tenth Amendment emphasize?
What principle does the Tenth Amendment emphasize?
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Study Notes
Civil Liberties Overview
- Civil liberties are protections against government interference, primarily enshrined in the Bill of Rights.
- The Bill of Rights comprises the first ten amendments to the U.S. Constitution, ratified in 1791.
Key Legal Definitions
- Habeas Corpus: A legal order requiring that a detainee be brought before a court to assess the legality of their detention.
- Bill of Attainder: A legislative act that invalidly declares a person guilty without trial.
- Ex Post Facto Laws: Laws that make an action criminal after it has already been committed.
Constitutional Principles
- Selective Incorporation: The process through which certain protections in the Bill of Rights have been applied to states via the Fourteenth Amendment.
- Establishment Clause: Prohibits Congress from creating any law favoring a specific religion, ensuring a separation of church and state.
- Free Exercise Clause: Protects individuals' rights to practice their religion without interference from the government.
Important Supreme Court Cases
- Lemon v. Kurtzman: Established the Lemon Test, evaluating laws on their purpose regarding religion.
- Miranda v. Arizona: Required that arrested individuals be informed of their rights, establishing the Miranda rule.
- Griswold v. Connecticut: Recognized the right to privacy concerning marital contraception.
Rights and Protections
- Clear and Present Danger Test: A measure to assess whether speech poses a legitimate risk to societal safety.
- Exclusionary Rule: Prohibits the use of evidence obtained in violation of the Fourth Amendment, ensuring fair legal processes.
- Due Process of Law: Guarantees that all legal proceedings will be fair and that individuals are protected against arbitrary actions by the government.
Types of Speech
- Speech Plus: Includes non-verbal conduct accompanying speech, subject to restrictions based on public order.
- Fighting Words: Speech that incites immediate violence or breach of peace.
Constitutional Amendments
- Fourth Amendment: Protects against unreasonable searches and seizures, establishing rights for individuals’ privacy.
- Fifth Amendment: Offers protections against self-incrimination and double jeopardy, ensuring due process.
- Eighth Amendment: Prohibits excessive bail and cruel or unusual punishment.
- Sixth Amendment: Guarantees the right to a speedy trial, impartial jury, and legal counsel.
Miscellaneous Concepts
- Right to Privacy: Interpreted to include access to contraception and abortion rights.
- Eminent Domain: Allows the government to take private property for public use, with just compensation.
- Death Penalty Controversy: Ongoing debate surrounding the classification of the death penalty as "cruel and unusual punishment."
Additional Points
- After the ratification of the Bill of Rights, it had limited immediate influence on states due to initial Supreme Court interpretations.
- Substantive Liberties: Define what the government cannot do, while procedural liberties focus on the methods through which the government must act.
- Liberty vs. National Security: Post-9/11 policies highlight the conflicts between ensuring safety and protecting individual freedoms.
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