Civil liberties and civil rights

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20 Terms

1

civil liberties

personal rights the government cannot interfere with

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2

civil rights

privileges the government must provide for citizens

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3

origin of the bill of rights

ratification of the constitution; anti-federalist approach to preserving independent rights and preventing an overpowered national government

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4

due process clause

5th and 14th amendments; everyone has a right to judicial procedures

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5

constitutional basis for selective incorporation

if a liberty is listed in the bill of rights, all levels of government must provide it

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6

establishment clause

the government cannot declare/show bias towards any religion; it must be open to them all

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7

free exercise clause

the government must allow citizens to practice any and all religions as long as it follows public morals

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8

zone of privacy

rights given to citizens through the 1st, 3rd, 4th, 5th, and 9th amendments

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9

five freedoms listed by the 1st amendment

speech, press, petition, religion, and assembly

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10

interpreted meaning of the first amendment by the supreme court

intent matters, church & state should remain separate, belief is unlimited but practicing is not, and it goes unbothered til someone bothers it

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11

engle v. vitale

regards prayer in schools; establishment clause; schools cannot hold prayer even if its voluntary or separated from a religion

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12

wisconsin v. yoder

amish family that claimed a Wisconsin law demanding children go to public school until 16 yrs old went against their religious beliefs; free exercise clause; violates freedom of religion

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13

tinker v. des moines

children wore armbands in protest of Vietnam war and the school refused to let them in; symbolic speech; it is not dangerous so the government cannot restrict it

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14

nyt v. us

nixon admin. prevented media from releasing info on the vietnam war; prior restraint; violates freedom of press

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15

schenck v. us

papers were released begging people to disobey the draft and they were charged with conspiracy; pure speech; speech is not protected if it is clearly dangerous

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16

citizens united v. fec

an expose movie about campaign funding was released and was taken away because it violated free speech; free speech; corporate funding cannot be limited

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17

gideon v. wainwright

a man was forced to represent and testify against himself in court; incorporation; people have the right to counsel

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18

McDonald v. chicago

people challenged gun bans in a park; due process; states decided guns can only be held for the purpose of self defense

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