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Study sets matching "civil liberties"

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Study sets matching "civil liberties"

60 terms
Civil Liberties
Civil liberties
Bill of rights
James Madison
1789 house
Basic individual freedom from government interference .
1-10 guarantees civil liberties
1789 chaired committee in charge of preparing bill of rights
House accepted 17 of 19 proposals
Civil liberties
Basic individual freedom from government interference .
Bill of rights
1-10 guarantees civil liberties
22 terms
Civil liberties
civil liberties
Bill of rights
First amendment
Fourteenth amendment
Legal and constitutonal protections against governmental infr…
First ten amendments to the constitution
Establishes freedom of religion, press, speech, and assembly
Prohibits states from denying equal protection of the laws
civil liberties
Legal and constitutonal protections against governmental infr…
Bill of rights
First ten amendments to the constitution
12 terms
Civil Liberties
Tinker V Des Mointes
U.S. V O'Brien
Texas V Johnson
R.A.V. v City of St. Paul
landmark Students wore black arm band to school, suspended…
Burning of the draft card is not allowed, draft is mandatory
Burning of the flag is protected by the 1st Amendment
Law regarding burning of cross exercised judicial review sayi…
Tinker V Des Mointes
landmark Students wore black arm band to school, suspended…
U.S. V O'Brien
Burning of the draft card is not allowed, draft is mandatory
civil liberties
freedom of expression
RAPPS
establishment clause
speech
found in 1st am., RAPPS
religion, assembly, press, petition, speech
gov cant promote religion: engel, lemon, smith
gov can make laws limiting, tinker, johnson
freedom of expression
found in 1st am., RAPPS
RAPPS
religion, assembly, press, petition, speech
17 terms
Civil liberties
Bill of attainder
Bill of rights
Civil liberties
Civil rights
Laws declared illegal without the judicial trial
The first 10 amendments
Protections against the Government actions
Protection for the minority groups
Bill of attainder
Laws declared illegal without the judicial trial
Bill of rights
The first 10 amendments
21 terms
Civil Liberties
Courts
Democracy
Individual rights
Civil rights
Major guardians of our civil rights
Without freedom of expression, __________ won't exist.
Included in the constitution because people demanded it.
Our ______ ______ are relative
Courts
Major guardians of our civil rights
Democracy
Without freedom of expression, __________ won't exist.
Civil Liberties
Civil liberties
civil rights
clear and present danger test
Direct incitement test
Constitutional freedoms guaranteed to all citizens
A federal law that authorized federal action against segregat…
Government can interfere with speech if it will lead to evil…
Test articulated by the Supreme Court in Brandenburg v. Ohio…
Civil liberties
Constitutional freedoms guaranteed to all citizens
civil rights
A federal law that authorized federal action against segregat…
15 terms
Civil Liberties
Civil Liberties
The Fourteenth Amendment
Incorporation Theory
The First Amendment
Those personal freedoms, including freedom of religion and fr…
The amendment addresses citizenship rights and equal protecti…
The view that most of the protections of the Bill of Rights a…
prohibits the making of any law respecting an establishment o…
Civil Liberties
Those personal freedoms, including freedom of religion and fr…
The Fourteenth Amendment
The amendment addresses citizenship rights and equal protecti…
23 terms
Civil Liberties
1st
2nd
4th
5th
Race and religion
Bear arms
No searching without a warrent
you dont have to answer question
1st
Race and religion
2nd
Bear arms
25 terms
Civil Liberties
EX Post Facto
Eminent Domain
Due Process Clause
Regulatory Taking
changes the legal consequences (or status) of actions that we…
is the power of a state or a national government to take priv…
All persons born or naturalized in the United States and subj…
a government regulation limits the uses of private property
EX Post Facto
changes the legal consequences (or status) of actions that we…
Eminent Domain
is the power of a state or a national government to take priv…
20 terms
Civil Liberties
Schneck v. United States
Tinker v. Des Moines Independent Schoo…
New Jersey v. TLO
Mapp v. Ohio
Charles Schneck was arrested under the acto of "disloyal" acts
Students organized a silent protest
TLO and a friend were somking the restoom, and had been searc…
Police forced their way into Dollree mapps house without a pr…
Schneck v. United States
Charles Schneck was arrested under the acto of "disloyal" acts
Tinker v. Des Moines Independent Schoo…
Students organized a silent protest
30 terms
Civil liberties
Bill of attainder
Civil liberties
Clear and present danger test
Direct incitement test
Law declaring an act illegal without a judicial trial
Guarantees and freedoms
schenck v. Us (1919) protected and unprotected speech words u…
Brandenburg v. Ohio (1969) the first amendment protects advoc…
Bill of attainder
Law declaring an act illegal without a judicial trial
Civil liberties
Guarantees and freedoms
20 terms
Civil Liberties
Barron vs. Baltimore (1833)
Gitlow vs. New York (1925)
Engle vs. Vitale (1962)
Lemon vs. Kurtzman (1971)
the bill of rights limited only the national government, not…
freedom of speech and of press--which are protected by the Fi…
struck down a New York State nondenominational prayer with "G…
legislation can't interfere, adopted, or have excessive entan…
Barron vs. Baltimore (1833)
the bill of rights limited only the national government, not…
Gitlow vs. New York (1925)
freedom of speech and of press--which are protected by the Fi…
17 terms
Civil Liberties
clear and probable danger test
Community standards
cruel and unusual
due process clause
A rule introduced by Chief Justice Fred Vinson for the courts…
The Supreme Court's 1973 ruling that a work is obscene if it…
Criminal penalties that are not considered appropriate by a s…
A clause found in both the Fifth and Fourteenth Amendments to…
clear and probable danger test
A rule introduced by Chief Justice Fred Vinson for the courts…
Community standards
The Supreme Court's 1973 ruling that a work is obscene if it…
26 terms
Civil Liberties
Clear and present danger test
Double jeopardy
Eminent domain
Establishment clause
law should not punish speech unless there was a clear and pre…
trial or punishment for the same crime by the same government…
Power of a government to take private property for public use…
first amendment ban on laws "respecting an establishment of r…
Clear and present danger test
law should not punish speech unless there was a clear and pre…
Double jeopardy
trial or punishment for the same crime by the same government…
214 terms
Civil Liberties
What are the two parts of freedom of r…
Establishment clause
Engel v Vitale
Significance of engel v vitale
Establishment Clause, free exercise clause
A provision of the First Amendment that prohibits Congress fr…
A nondenominational prayer was authorized to be said at the s…
The significance is that the finding reinforces that idea of…
What are the two parts of freedom of r…
Establishment Clause, free exercise clause
Establishment clause
A provision of the First Amendment that prohibits Congress fr…
13 terms
Civil Liberties
Civil Liberties
Alien & Sedition Acts
Civil War- Military Justice
Schneck vs. US
Protections against government actions that violates freedoms…
1798... The Alien and Sedition Acts were four bills that were pa…
south seceeds—>ground swell in the north so there is opinion…
1919... is a United States Supreme Court decision concerning en…
Civil Liberties
Protections against government actions that violates freedoms…
Alien & Sedition Acts
1798... The Alien and Sedition Acts were four bills that were pa…
13 terms
Civil Liberties
Barron versus Baltimore
Pablo v Connecticut
Three levels of justice
Strict scrutiny
Court ruling that the bill of rights Limited only the actions…
Violated double jeopardy the Supreme Court chose not to bind…
1. strict scrutiny 2. intermediate standard 3. minimum ration…
Fundamental freedoms including religion assembly press privac…
Barron versus Baltimore
Court ruling that the bill of rights Limited only the actions…
Pablo v Connecticut
Violated double jeopardy the Supreme Court chose not to bind…
69 terms
Civil liberties
Bill of rights used to be limited to o…
What case created a bill of rights whi…
Fourteenth amendment
Selective incorporation
National government
Barron V. Baltimore
Any right given as citizen, is given from both national and s…
Slowly applied into state level
Bill of rights used to be limited to o…
National government
What case created a bill of rights whi…
Barron V. Baltimore
19 terms
Civil Liberties
Civil liberties
Due process of law
Equal protection of the laws
Selective incorporation
Rights- chiefly, rights to be free of government inteference-…
Denies the government the right, without due process, to depr…
A standard of equal treatment that must be observed by the go…
The process whereby the court has applied most, but not all,…
Civil liberties
Rights- chiefly, rights to be free of government inteference-…
Due process of law
Denies the government the right, without due process, to depr…
25 terms
civil liberties
criminal case
civil case
majority opinion
concurring opinion
defendant is tried for committing a crime
non-criminal case matter
The courts decision in a case and sets out the reasoning upon…
One or more judges who support decision but wish to change
criminal case
defendant is tried for committing a crime
civil case
non-criminal case matter
53 terms
Civil Liberties
Marbury v. Madison 1803
Judicial Review
Ex parte McCardle (1869)
establishment clause
3 questions being raised... 1. Is Marbury entitled by right of c…
the ability of judicial body to determine whether something i…
Deals with incorporation... Question: Do states have to abide by…
more to do with the church itself, congress shall make no law…
Marbury v. Madison 1803
3 questions being raised... 1. Is Marbury entitled by right of c…
Judicial Review
the ability of judicial body to determine whether something i…
31 terms
Civil Liberties/Civil Rights
Civil liberties
Civil rights
Clear and Present Danger doctrine
De Facto segregation
personal freedoms such as speech, assembly, religion
protections against discrimination
judicial interpretation of Amendment 1 that governemnt may no…
segregation "by fact" such as segregation that results from s…
Civil liberties
personal freedoms such as speech, assembly, religion
Civil rights
protections against discrimination
10 terms
Civil liberties
Eighth amendment
Exclusionary rule
Fifth amendment
Fourteenth amendment
Forbids cruel and unusual punishment, although it does not de…
Prohibits government from including illegally obtained eviden…
Prohibits government from forcing individuals to testify agai…
Prohibits states from denying equal protection of the laws
Eighth amendment
Forbids cruel and unusual punishment, although it does not de…
Exclusionary rule
Prohibits government from including illegally obtained eviden…
23 terms
Civil Liberties
Amendment 1
Amendment 2
Amendment 3
Amendment 4
...
...
...
...
Amendment 1
...
Amendment 2
...
35 terms
Civil liberties
Bill of attainder
Clear and present danger
Double jeopardy
Due process
an act of a legislature declaring a person or group of person…
Can not punish citizens for freedom speech unless there was a…
procedural defence that forbids a defendant from being tried…
is the legal requirement that the state must respect all lega…
Bill of attainder
an act of a legislature declaring a person or group of person…
Clear and present danger
Can not punish citizens for freedom speech unless there was a…
45 terms
Civil Liberties
14th amendment
bill of attainder
Bill of Rights
Chicago v. McDonald
(1) All persons born in the U.S. are citizens; (2) no person…
a law that punishes a person accused of a crime without a tri…
the first 10 amendments to the U.S. Constitution, which defin…
Selective Incorporation of the 2nd amendment; the government…
14th amendment
(1) All persons born in the U.S. are citizens; (2) no person…
bill of attainder
a law that punishes a person accused of a crime without a tri…
13 terms
Civil Liberties
Due Process Clause
Selective Incorporation
Clear and Present Danger
Imminent Lawless Action
...
...
...
...
Due Process Clause
...
Selective Incorporation
...
29 terms
civil liberties
civil liberties
marbury vs madison
judiciary act of 1789
judicial review
personal guarantees and freedoms that the government cannot t…
1803 established principle of judicial review
created inferior courts (appeals and trials courts) and expan…
power of the courts to declare national, state, and local law…
civil liberties
personal guarantees and freedoms that the government cannot t…
marbury vs madison
1803 established principle of judicial review
22 terms
Civil Liberties
Establishment Clause (1st Amendment)
Free Exercise Clause (1st Amendment)
Amendment 4
Amendment 5
Congress shall make no law respecting an establishment of rel…
Congress shall make no law prohibiting the free exercise of r…
Bans unreasonable searches and seizures
Right to due process, no self-incrimination, no double jeopardy
Establishment Clause (1st Amendment)
Congress shall make no law respecting an establishment of rel…
Free Exercise Clause (1st Amendment)
Congress shall make no law prohibiting the free exercise of r…
Civil Liberties
Bill of Rights
Civil Liberties
Civil Rights
Individual rights
People demanded this as a condtion for accepting constituion,…
protection from gov interference, ex: religion, speech, press
often used in connection with postitive acts of government ex…
relative to rights of others, can't infringe on the rights of…
Bill of Rights
People demanded this as a condtion for accepting constituion,…
Civil Liberties
protection from gov interference, ex: religion, speech, press
11 terms
civil liberties
civil liberties
civil rights
the 14th amendment
selective incorporation
legal and constitutional rights that protect individuals from…
policies designed to protect people against arbitrary treatme…
due process and equal protection
constitutional doctrine that ensures that states cannot enact…
civil liberties
legal and constitutional rights that protect individuals from…
civil rights
policies designed to protect people against arbitrary treatme…
33 terms
Civil Liberties
IV
V
VI
XIV
Need a warrant to search a home
No self incarceration - plead the fifth (right to remain sile…
Speedy and fair trial, right to an attorney
Grants recently freed slaves citizenship
IV
Need a warrant to search a home
V
No self incarceration - plead the fifth (right to remain sile…
54 terms
Civil Liberties
14th amendment
due process
bill of attainder
bill of rights
(1) All persons born in the U.S. are citizens; (2) no person…
An administrative agency decision-making, notice of charges o…
a law that punishes a person accused of a crime without a tri…
Although the Anti-Federalists failed to block the ratificatio…
14th amendment
(1) All persons born in the U.S. are citizens; (2) no person…
due process
An administrative agency decision-making, notice of charges o…
11 terms
Civil Liberties
Aquilar v. Felton
Barron vs. Baltimore
Bills of attainder
Bill of Rights
the New York City Board of Education's practice of employing…
a landmark United States Supreme Court case in which helped d…
an act of a legislature declaring a person or group of person…
the collective name for the first ten amendments to the Unite…
Aquilar v. Felton
the New York City Board of Education's practice of employing…
Barron vs. Baltimore
a landmark United States Supreme Court case in which helped d…
7 terms
Civil Liberties
Sources of Protection
Balancing Test
Incorporation Doctrine
14th Amendment
-U.S. Constitution... -Legislation... -Bill of Rights... -Court Decisi…
courts balance individual rights and liberties with society's…
an interpretation of the Constitution that holds that the due…
equal protection and due process clauses
Sources of Protection
-U.S. Constitution... -Legislation... -Bill of Rights... -Court Decisi…
Balancing Test
courts balance individual rights and liberties with society's…
60 terms
Civil Liberties
Judicial Review
Super Fed
Role of the ACLU and civil liberties
What happens if a case heard by the SC…
Determining constitutionality of acts of Congress
Courts under John Marshall, established judicial review
American Civil Liberties Union, preserve the rights and liber…
District 95... Appealate 13... Supreme 1... If tie, goes back to the p…
Judicial Review
Determining constitutionality of acts of Congress
Super Fed
Courts under John Marshall, established judicial review
23 terms
Civil Liberties
Civil Liberties
Bill of Rights
First Amendment
Fourteenth Amendment
Legal constitutional protections against government
First 10 amendments
Four liberties
Equal protections amendment
Civil Liberties
Legal constitutional protections against government
Bill of Rights
First 10 amendments
29 terms
Civil Liberties
Civil Liberties
Civil Right
Clear and Present Danger
Slander
the basic freedoms to think and to act that all people have a…
the rights that involve equal status and treatment and the ri…
Does not protect statements that are said to provoke violence…
a spoken defamatory statement (pg. 289)
Civil Liberties
the basic freedoms to think and to act that all people have a…
Civil Right
the rights that involve equal status and treatment and the ri…
106 terms
Civil Liberties
Judicial Review
Stare Decisis
Originalism
Moral Reading
...
...
...
...
Judicial Review
...
Stare Decisis
...
35 terms
Civil Liberties
Civil Rights
Civil Liberties
Clear and Present Danger
Slander
Protection by the government to ensure all people have equal…
Protections against the government.... Examples: Freedom of reli…
Does not protect statements that are said to provoke violence…
False or malicious use of spoken words.
Civil Rights
Protection by the government to ensure all people have equal…
Civil Liberties
Protections against the government.... Examples: Freedom of reli…
30 terms
Civil Liberties
Civil Rights
Civil Liberties
Clear and Present Danger
Slander
protection by the government to ensure all people have equal…
protections against the government
does not protect statements that are said to provoke violence…
false or malicious use of spoken words
Civil Rights
protection by the government to ensure all people have equal…
Civil Liberties
protections against the government
30 terms
CIVIL LIBERTIES
Civil Rights
Civil Liberties
Clear and Present danger
Slander
protection by the government to ensure all people have equal…
protections against the government
does not protect statements that are said to provoke violence…
false or malicious use of spoken words
Civil Rights
protection by the government to ensure all people have equal…
Civil Liberties
protections against the government
30 terms
Civil Liberties
Civil Rights
Civil Liberties
Clear and Present Danger
Slander
Protections by the government (i.e. women's right to vote)
Protections FROM the government (i.e. freedom of religion
speech to incite violence or illegal activity is not protected
The action or crime of making a false spoken statement damagi…
Civil Rights
Protections by the government (i.e. women's right to vote)
Civil Liberties
Protections FROM the government (i.e. freedom of religion
53 terms
Civil Liberties
Barron v. Baltimore 1833
Gitlow v. NY 1925
incorporation theory
establishment clause
Bill of Rights did not apply to state law, national law only;…
14th amendment applied freedom of speech to states; bad tende…
view that most protections in the Bill of Rights apply to sta…
prohibits federally funded church
Barron v. Baltimore 1833
Bill of Rights did not apply to state law, national law only;…
Gitlow v. NY 1925
14th amendment applied freedom of speech to states; bad tende…
11 terms
Civil Liberties
Gideon V. Wainwright
Selective incorporation
Due process
Imminent lawless action
Any person too poor for a counselor will get one appointed to…
States cannot enact laws that take away the constitutional ri…
(law) the administration of justice according to established…
Defining the limits of freedom of speech
Gideon V. Wainwright
Any person too poor for a counselor will get one appointed to…
Selective incorporation
States cannot enact laws that take away the constitutional ri…
30 terms
Civil Liberties
Civil Liberties
Clear and Present Danger
Slander
Libel
teh basic freedoms to think and to act that all people have a…
does not protect statements that are said to provoke violence…
false or malicious use of spoken words
a defamatory statement that appears in print.
Civil Liberties
teh basic freedoms to think and to act that all people have a…
Clear and Present Danger
does not protect statements that are said to provoke violence…
14 terms
Civil Liberties
Civil Liberties
Civil Rights
Bill of Rights
First Amendment
Legal and constitutional rights that protct individuals from…
Politicies desiged to protect people against arbitrary or dis…
Anti-feds against it byt Federalist pledges that the first co…
Guarantess of Religious Freedom... The establishment clause prog…
Civil Liberties
Legal and constitutional rights that protct individuals from…
Civil Rights
Politicies desiged to protect people against arbitrary or dis…
52 terms
civil liberties
Basic freedoms and liberties that prot…
Protection from discrimination or "arb…
where are civil liberties found
where are civil rights found
civil liberties
Civil Rights
due process clause
equal protection clause
Basic freedoms and liberties that prot…
civil liberties
Protection from discrimination or "arb…
Civil Rights
33 terms
Civil Liberties
Civil Liberties
Bill of Rights
Bill of Attainder
Writ of Habeas Corpus
The freedom of a citizen to exercise customary rights, such a…
A set of specific rights and restrictions that the Constituti…
A legislative act that provides government the ability to pun…
A court order directing a prisoner be brought before a court…
Civil Liberties
The freedom of a citizen to exercise customary rights, such a…
Bill of Rights
A set of specific rights and restrictions that the Constituti…
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