Civil Liberties Chapter 4 Flashcards

Questions and Answers

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?

An individual in custody is brought into court and shown the cause for detention.

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?

Declare an action illegal after it has been committed. Signup and view all the answers

What is the Bill of Rights?

The first 10 amendments to the U.S. Constitution. Signup and view all the answers

What is selective incorporation?

The process of applying Bill of Rights protections to the states Signup and view all the answers

What does the establishment clause state?

Congress shall make no law respecting an establishment of religion. Signup and view all the answers

What did the Lemon Test establish?

Guidelines for government action toward religion. Signup and view all the answers

What rights does the free exercise clause protect?

The right to believe and practice any religion. Signup and view all the answers

What is the clear and present danger test used for?

To determine whether speech is protected or unprotected. Signup and view all the answers

What is meant by 'speech plus'?

Speech accompanied by conduct, such as protests. Signup and view all the answers

What is prior restraint?

Government censorship of material before publication. Signup and view all the answers

Define libel.

A written statement made in reckless disregard of the truth. Signup and view all the answers

What is slander?

An oral statement made in reckless disregard of the truth. Signup and view all the answers

What are fighting words?

Speech that directly incites damaging conduct. Signup and view all the answers

What does due process of law guarantee?

Protection against arbitrary action by the government. Signup and view all the answers

What is the exclusionary rule?

The ability of courts to exclude illegally obtained evidence. Signup and view all the answers

What is a grand jury?

A jury that determines whether sufficient evidence justifies a trial. Signup and view all the answers

What does double jeopardy prevent?

A person cannot be tried twice for the same crime. Signup and view all the answers

What is the Miranda rule?

The requirement for police to inform arrestees of their rights. Signup and view all the answers

What is eminent domain?

The right of government to take private property for public use. Signup and view all the answers

What does the right to privacy imply?

The right to be left alone, impacting access to birth control and abortions. Signup and view all the answers

What did Cantwell v. Connecticut establish?

The 'time, place and manner' rule for regulating religious practices. Signup and view all the answers

Define procedural liberties.

Restraints on how the government is supposed to act. Signup and view all the answers

What principle did Palko v. Connecticut establish?

The principle of selective incorporation. Signup and view all the answers

What issue did Griswold v. Connecticut address?

The right to privacy in relation to contraception. Signup and view all the answers

What is property protection in terms of civil liberties?

The first civil liberty selectively incorporated into the Fourteenth Amendment. Signup and view all the answers

What does the death penalty controversy reflect?

Division of public opinion on cruel and unusual punishment. Signup and view all the answers

For more than 170 years the Bill of Rights did not really affect __________.

most Americans Signup and view all the answers

What does the Second Amendment ensure?

The right to keep and bear arms. Signup and view all the answers

___________ limit what the government can do.

Substantive liberties Signup and view all the answers

____________ define how the government can act.

Procedural liberties Signup and view all the answers

Government policies after 9/11 have illustrated the tension between __________.

liberty and national security Signup and view all the answers

What does the First Amendment protect?

Freedom of Speech, Press, Religion, and Petition. Signup and view all the answers

What does the Fourth Amendment protect?

The right of search and seizure regulated. Signup and view all the answers

What does the Fifth Amendment address?

Provisions concerning prosecution. Signup and view all the answers

What rights are guaranteed by the Sixth Amendment?

Right to a speedy trial and to confront witnesses. Signup and view all the answers

What does the Eighth Amendment prevent?

Excessive bail and cruel and unusual punishment. Signup and view all the answers

What does the Third Amendment prohibit?

Quartering soldiers in private homes without consent. Signup and view all the answers

What does the Seventh Amendment guarantee?

Right to a trial by jury in civil cases. Signup and view all the answers

What does the Ninth Amendment state?

The enumeration of certain rights does not deny others retained by the people. Signup and view all the answers

What principle does the Tenth Amendment emphasize?

States retain powers not delegated to the federal government. Signup and view all the answers

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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Test your knowledge of civil liberties with these flashcards. Learn key terms such as habeas corpus and bill of attainder, crucial for understanding individual rights protected by the government. Ideal for students studying Chapter 4 in a civics or law course.