Civil Rights and Liberties: Key Concepts and Terms(Chapter 5)

The personal guarantees and freedoms that the fed. gov't cannot abridge by the law, constitution, or judicial interpretation.

In contrast, are the gov't protected rights of individuals against arbitrary or discriminatory treatment.

A judicial docrtine whereby most but not all of the protections found in the Bill of rights are made applicable to the states via the 14th amendment.

Imposes a number of restrictions on the fed gov't w/ respect to the civil liberties of the people, including freedom of religion, speech, press, assembly, and petition.

- made the publication of "any false scandalous writing against the gov't of the US" a criminal offense.
- violated the first amendment's ban on prior restraint and expired in 1800

Amendment I: Speech, Press, Assmebly, Religion
Amendment 4: No unreasonable searches or seizures, exclusionary rule
5: Just compensation, self-incrimination, double jeapordy
6: public trial, right to counsel, confrontation, impartial trial, speedy trial, compulsory trial, criminal jury trial
8: no cruel and unusual punishment

The second clause of the first amendment; it prohibits the US gov't from interfering with a citizen's right to practice of his or her religion.

The gov't may not interfere with religious beliefs, but they may with practices

Prohibits the establishment of a nat'l gov't

A practice or policy was constitutional if it:
1) had a secular purpose
2) neither advanced nor inhibited religion
3) did not foster an excessive gov't entanglement with religion

Constitutional doctrine that prevents the gov't from prohibiting speech or publication before the fact; generally held to be in violation of the first amendment.

In Shenck v. US, the supreme court upheld this act, ruling that congress had a right to restrict speech of such nature as to create a clear and present danger that will bring about the substantive evils that Congress has a right to prevent.

Symbols, signs, and other methods of expression generally also considered to be protected by the first amend.

The right to bear arms

Civil rights and due process:
supplement guarantees against writs of habeas corpus, expost facto laws, and bills of attainer by providing due process rights for those accused of crimes