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AP Government Civil Liberties Flashcards

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13511639513Bill of RightsThe first ten amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalists concerns. These amendments define such basic liberties as freedom of religion, speech, and press and guarantee defendant's rights.0
13511639514Civil libertiesThe constitutional and other legal protections against government actions. They are formally set down in the Bill of Rights.1
13511639515Cruel and unusual punishmentCourt sentences prohibited by the Eighth Amendment.2
13511639516Due process clausePart of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law.3
13511639517Eighth AmendmentThe constitutional amendment that forbids cruel and unusual punishment.4
13511639518Establishment clausePart of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."5
13511639519Exclusionary ruleThe rule that evidence cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure.6
13511639520First AmendmentThe constitutional amendment that establishes that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly.7
13511639521Fourteenth AmendmentThe constitutional amendment adopted after the Civil War that declares "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."8
13511639522Free exercise clauseA First Amendment provision that prohibits government from interfering with the practice of religion.9
13511639523Incorporation doctrineThe legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.10
13511639524Equal Protection Clause14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination11
13511639525LibelThe publication of false and malicious statements that damage someone's reputation.12
13511639526Prior restraintGovernment actions preventing materials from being published. Usually prohibited by the First Amendment, as confirmed in Near v. Minnesota.13
13511639527Probable causeThe situation in which the police have reasonable grounds to believe that a person should be arrested.14
13511639528Right to privacyThe right to a private personal life free from the intrusion of government.15
13511639529Search warrantA written authorization from a court specifying the area to be searched and what the police are searching for.16
13511639530Second AmendmentA well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.17
13511639531Self-incriminationThe 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 involuntarily self-incrimination.18
13511639532Fifth AmendmentA constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.19
13511639533Sixth AmendmentA constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.20
13511639534Fourth AmendmentProtects against unreasonable search and seizure21
13511639535Symbolic speechNonverbal communication such as burning a flag or wearing an armband. The Supreme Court has accorded some protection under the First Amendment.22
13511639536Commercial SpeechCommunication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.23
13511639537Unreasonable search and seizureObtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence.24
13511639538Barron v. Baltimore (1833)Supreme Court case which re-enforced Dual Federalism and Dual Citizenship25
13511639539Privileges and ImmunitiesPeople born or naturalized are U.S. Citizens..."single citizenship"26
13511639540Gitlow v. New York (1925)1st Supreme Court case where 14th amendment is applicable to the states27
13511639541Engel v. Vitale (1962)School sponsorship of religious activities violates establishment clause28
13511639542Wisconsin v. Yoder (1972)Mandatory attendance by Amish students past 8th grade violates free exercise29
13511639543NY Times v. U.S. (1971)"Heavy Presumption" to take away prior restraint30
13511639544Tinker v. Des Moines (1969)Student symbolic speech case as long as it does not take away from school environment31
13511639545Schenck v. U.S. (1919)During times of war government can take civil liberties "clear and present danger"32
13511639546McDonald v. Chicago (2010)2nd amendment rights extended states and local laws for self defense of one's home33
13511639547Miranda v. ArizonaRights of the accused case which dealt with self-incrimination34
13511639548Gideon v. WainwrightPauper clause which people have a right to an attorney even if they can not afford one is applicable to states and local laws35
13511639549Roe v. Wade (1973)Right to privacy case which included the 4th, 5th and 9th Amendments36
13511639550Obergefell v. Hodges (2015)Marriage is a fundamental right (due process) and that states can not deny equal protection of marriage37
13511639551Seventh AmendmentRight to a trial by jury in civil cases38
13511639552Ninth Amendmentstates that people's rights are not limited to just those listed in the Constitution.39

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