Government Chapter 04: Civil Liberties

Free Exercise Clause

A First Amendment provision that prohibits the government from interfering with the practice of religion.

Burwell v. Hobby Lobby Stores

A business does not have to provide contraceptives if it goes against religious beliefs.

Grand Jury

A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.

Exclusionary Rule

A law that prohibits the use of illegally obtained evidence in a criminal trial.

"Clear and Present Danger" test

A test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society.

Double Jeopardy

Being tried twice for the same crime; is not prohibited according to the 5th Amendment.

9th Amendment

Citizens entitled to rights not listed in the Constitution; enumerated rights.

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion, cannot sponsor a religion, nor give preference to one.

Civil Liberties

Constitutional freedoms guaranteed to all citizens; protections from improper government action; personal freedoms.

Which statements about the death penalty are correct?

Correct: a) In 1972, the Supreme Court overturned several state death penalty laws because they were being applied unevenly. b) The Supreme Court has restricted the cases in which the death penalty can be applied. c) Death penalty sentences and executions have decreased over time. Incorrect: a) Procedural changes in the 1970s remedied the uneven application of the death penalty.

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws; nationalized the bill of rights through incorporation.

Selective Incorporation

Each provision of the Bill of Rights was to be considered separately as a possible limit on the states through the 14th Amendment.

Griswold v. Connecticut

Established that there is an implied right to privacy in the U.S. Constitution; recognized that the use of contraceptives falls under marital privacy.

Prior Restraint

Government censorship of information before it is published or broadcast.

Civil Rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals; rooted in the equal protection clause; protects you from discrimination.

4th Amendment

Protects against unreasonable searches and seizures by making illegally obtained evidence inadmissible in court.

6th Amendment

Protects citizens by giving the right to receive counsel for defense of a crime.

8th Amendment

Protects citizens from being tortured or excessively threatened.

5th Amendment

Protects citizens from being tried twice for the same alleged crime (double jeopardy) and self-incrimination, establishes the right to a grand jury.

Shield Law

Protects the confidentiality of Journalists' sources.

Speech Plus

Speech accompanied by conduct such as sit-ins, protesting, and demonstrations.

Fighting Words

Speech that directly incites damaging conduct.

Slander

Spoken defamation.

Habeus Corpus

The legal protection that prohibits the imprisonment of a subject without demonstrated cause; found in Article 1, Section 9; appeared in the original text of the Constitution, before the addition of the Bill of Rights.

Due Process of Law

The right of every citizen against arbitrary action by national or state governments.

Eminent Domain

The right of government to take private property for public use.

Right to Privacy

The right to be left alone; is recognized by the government through several amendments.

Self-Incrimination

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.

Libel

Written defamation.

Dobbs v. Jackson Women's Health Organization

a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion; overturned Roe v Wade.

Miranda Rule

the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel.