Chapter 4

Limitations on government power meant to protect individual freedoms.

Rights that guarantee equal treatment by the government and prevent discrimination based on certain characteristics.

The Bill of Rights, comprising the first ten amendments to the U.S. Constitution, guarantees fundamental freedoms to all individuals, including non-citizens.

The Constitution does not limit its protections solely to citizens or adults but extends them to everyone in the U.S., including visitors and immigrants.

The Civil War and its aftermath led to a strong focus on ensuring states respect and uphold civil liberties for all individuals.

The Eight Amendment prohibits the government from imposing "cruel and unusual punishments" on individuals for their criminal acts. This includes torture, but the extent to which certain forms of punishment, like extended solitary confinement and some capital punishment, count as cruel and unusual is currently debated by the courts.

Civil rights are guarantees that government officials will treat people equally, making decisions based on merit rather than personal characteristics like race, gender, or origin. This prevents discrimination in areas like education, housing, and employment.

The Declaration of Independence, written by Thomas Jefferson, articulated the belief in inalienable or natural rights that no ruler could deny. Inspired by John Locke's ideas, it declared these rights as inherent to all people, including the right to life, liberty, and the pursuit of happiness.

Bills of attainder directly punish individuals for alleged crimes without a trial. They are prohibited in the U.S. Constitution because they violate the right to due process and a fair trial.

A writ of habeas corpus is a legal tool that requires a neutral judge to determine if someone is being lawfully detained. This right ensures that government officials cannot hold individuals indefinitely without due process.

The "Elastic Clause" in Article I, Section 8 of the Constitution gives Congress broad powers to make laws "necessary and proper" for carrying out its enumerated powers. This clause has been used to expand the reach of the federal government.

The Anti-Federalists argued that a Bill of Rights was necessary to prevent the federal government from overstepping its bounds and infringing on individual liberties. They feared that the broad powers granted to Congress could lead to tyranny.

The Federalists believed that the Constitution's enumerated powers, combined with the limitations placed on those powers, were sufficient to protect individual rights. They argued that a Bill of Rights could even be dangerous, as it might imply that rights not explicitly listed were not protected.

The struggle over the inclusion of a Bill of Rights nearly prevented the Constitution from being ratified. To secure enough support, the Federalists agreed to consider adding amendments that would guarantee certain rights. This ultimately led to the adoption of the Bill of Rights.

The Bill of Rights, consisting of the first ten amendments, was adopted to address the concerns of the Anti-Federalists and to ensure that fundamental rights were protected. It safeguards individual liberties from government encroachment.

The Fourteenth Amendment's guarantee that states cannot deprive individuals of life, liberty, or property without a fair legal process.

The process by which the Supreme Court has gradually incorporated specific provisions of the Bill of Rights into state laws and constitutions.

The Fourteenth Amendment's provision that limits states from making or enforcing laws that infringe on the privileges or immunities of U.S. citizens.

The first ten amendments to the U.S. Constitution that guarantee fundamental rights and freedoms to all individuals.

The right to express oneself freely, including political and social beliefs, as guaranteed by the First Amendment.

The First Amendment guarantees the right to practice any religion freely, express opinions without censorship, assemble peacefully, and petition the government to address concerns.

This amendment ensures that the government cannot force citizens to quarter soldiers in their homes during peacetime or war.

The Fourth Amendment guards against unreasonable searches and seizures. It requires law enforcement to obtain a warrant based on probable cause before conducting a search.

The Fifth Amendment safeguards individuals from self-incrimination in legal proceedings. You have the right to remain silent and to not be forced to testify against yourself in court.

The Sixth Amendment guarantees the right to a speedy and public trial by an impartial jury in criminal cases. It also ensures the right to legal counsel and to confront witnesses.

The Establishment Clause prevents the government from establishing or promoting a state-sponsored religion.

The Free Exercise Clause guarantees the right to practice one's own religion without government interference.

The Lemon test, established by the Supreme Court, determines whether a law or government action violates the Establishment Clause.

The Lemon test requires that a law or action doesn't excessively entangle government with religion, is neutral in its effect on religion, and has a secular purpose.

The government cannot promote one religion over another or religion over non-religion.

The principle that laws passed by the government must have a non-religious purpose and avoid excessive entanglement with religion. This prevents the government from favoring one religion over another.

A legal concept that allows for a limited recognition of God or a creator by the government, as long as it lacks substantial religious content. This can be seen in the inclusion of 'In God We Trust' on currency.

A legal principle that prevents the government from interfering with an individual's right to practice their religion. This applies to children as well, but with some limitations.

Laws that restrict certain activities on Sundays, often with a historical connection to Christian beliefs about rest. These laws are sometimes permitted because they support citizens' well-being and religious practices.

The legal principle that prevents the government from establishing an official religion, or favoring one religion over another. It applies to schools and other government institutions.

The Free Exercise Clause prevents the government from limiting or controlling religious practices, but this clause does not mean the government must endorse religion. It focuses on preventing the government from suppressing religious beliefs and practices.

The "compelling governmental interest" test requires the government to demonstrate a strong need for a law that restricts religious practices and that the law is the most effective way to achieve that goal.

The "Sherbert test" originally required the government to prove a compelling governmental interest for limiting religious practice and that the law was narrowly tailored to achieve its goal. This test made it hard for the government to regulate religious practices.

The "peyote case" (Employment Division v. Smith) changed the standard for government regulation of religious practice. The Court ruled that laws that are neutral towards religion don't need to meet the "compelling governmental interest" test, even if they impact religious practices. This decision made it easier for the government to regulate religious practices.

The Religious Freedom Restoration Act (RFRA) was passed in response to concerns that the "peyote case" decision would allow greater government interference with religious practices. It sought to restore the stricter "compelling governmental interest" standard for laws that impacted religious beliefs.