Chapter 4 PS1
Terms
undefined, object
copy deck
- bill of rights
- first ten anendments to the constitution
- civil liberties
- protection of individual rights of citizens from the gov't
- civil rights
- protection of citizen equality provided by the gov't
- substantive liberties
- limits what the gov't shall and shall not have the power to do
- ex post facto laws
- law that declares an action to be illegal after it has been committed
- habeas corpus
- prohibits the gov't from depriving a person of liberty without explaining the reason before a judge
- bills of attainer
- law that decree a person guilty of a crime without a trial
- procedural liberties
- how the gov't is supposed to act
- dual citizenship
- both a US citizen and a citizen of the state in which they reside
- dual process of law
- no person shall be deprived of life liberty or property without due process of the law
- incorporation
-
"absorption" of the bill of rights
(court decision required to follow parts of the bill of rights) - perferred freedoms
-
free speech
free press - establishment clause
- a "wall of separation" between church and state
- free exercise clause
- right to believe and practice whatever religion one chooses
- strict scrutiny
- higher standards of judicial review
- clear and present danger test
- government intervention or cersorship
- speech plus
- speech followed by an act like picketing
- slander
- a malicious oral statement
- libel
- a malicious written statement
- fighting words
- when the speech comes just before actual fighting
- exclusionary rule
- prohibits evidence obtained during an illegal search from being introduced in a trial
- grand jury
- jury for federal cases
- double jeopardy
- being tried for the same crime twice
- miranda rule
- protection against police abuse of arrested persons
- eminent domain
- power of gov't to take private property for a public use
- right to privacy
- people have the right to be left alone from gov't intervention
- "separate but equal rule"
- segregated accomodations were equal as long as some accomodations for blacks exisited
- equal protection clause
- all people are equal
- de jure
-
"law"
legally enforced - de facto
- an ACTUAL fact
- affirmative action
- compensatory action to overcome the consequences of past discrimination
- procedural rule
- person is innocent until proven guilty