Chapter 14: Civil Liberties Notes - Margaret Jagger Period...

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Margaret JaggerPeriod 13/3/16Chapter 14: Civil Liberties14.1The Basis for Our Civil Libertiesseveral terms--civil liberties, civil rights, and legal privileges--are often interchangeable when discussing rights and freedoms civil liberties: the constitutional protections of all persons against governmental restrictions on freedom of conscience, religion, and expressioncivil rights: of all persons to due process and the equal protection of the lawslegal privileges: granted by the government and may be subject to conditions or restrictionsRights in Original Constitutionhabeas corpus: a court order requiring explanation to a judge as to why a prisoner is being held in custodyno bills of attainder: a government decree that a person is guilty of a crime that carries the death penalty, without the benefit of a trial they name the person by nameno ex post facto laws: retroactive criminal law that works to the disadvantage of a personno titles of nobilitytrial by jury in national courtsprotection for citizens as they move from one state to anotherprotection against using the crime of treason to restrict other activitiesguarantee that each state has a republican form of governmentno religious test oaths as a condition for holding federal officeprotection against the impairment of contractsThe BIll of Rights and the Statesthe guarantees of the BIll of Rights originally applied only to the national government, notthe state governmentsit was not used until the Fourteenth Amendment was adopted in 1868 that there becamea way for the restrictions in the BIll of Rights to be applieddue process clause: a clause in the Fifth Amendment limiting the power of the national government; a similar clause in the Fourteenth Amendment prohibits state governments from depriving any person of life, liberty, or property without due process of lawselective incorporation: the process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment, and so applied to state and local governments14.2First Amendment Freedoms Freedom of Religion
establishment clause: in the First Amendment, prohibiting Congress from making laws establishing any religion in conjunction with the government some critics interpret the clause loosely: the government should not favor one religion over another in its policies. Others, including Thomas Jefferson, argue that the establishment clause endorse the separation of church and statethe establishment clause is at the center of the debate over prayer in school, and over federal funding to private religious schoolsLemon v. Kurtzman (1971): the Supreme Court allowed federal funding of parochial schools, provided that the money neither advances nor inhibits religious teaching, but instead is used for administrative purposesLemon test(1) no excessive government entanglement with religion(2) not advance nor inhibit religious practice

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