Flashcards Unit VI - Civil Rights and Civil Liberties

Flashcards Unit VI - Civil Rights and Civil Liberties -...

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Civil Rights and Civil Liberties Civil Rights and Civil Liberties : What five rights are guaranteed by the Fifth Amendment? The Fifth Amendment states the rights of the accused, including the right to a grand jury, the right to be protected from double jeopardy, the right to eminent domain, the right not to incriminate oneself, and the right of due process of law. Civil Rights and Civil Liberties : How has the freedom of religion in the schools been interpreted by the Supreme Court? The Court has interpreted the establishment clause of the First Amendment to mean different things at different times. In Everson v. Board of Education (1947), the Court ruled that parochial school children could be bussed to school; in Engle v. Vitale (1962) the Court banned school prayer; and in Westside School District v. Mergens (1990) the Court ruled that school facilities can be used for nonexclusive religious organizations after school hours. Civil Rights and Civil Liberties : What is the role of the police in protecting the rights of the accused, as guaranteed by the Fifth and Sixth Amendments to the Constitution? In the 1966 case Miranda v. Arizona , the Supreme Court decided that when police arrest a suspect they must inform the suspect of his or her constitutional rights to remain silent and to consult with an attorney. Through this decision, the Court hoped to alleviate what they perceived to be “the inherent pressures of the interrogation atmosphere.” Civil Rights and Civil Liberties : How was the protection against unreasonable search and seizure incorporated by the Supreme Court under the 14 th Amendment? In the 1949 case, Wolf v. Colorado , the Supreme Court applied the protections against unreasonable search and seizure to the states under the due process clause of the 14 th Amendment.
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Civil Rights and Civil Liberties : What is the difference between substantive due process and procedural due process? The 5 th and the 14 th Amendments guarantee due process, which is the idea that the government must act in a fair manner according to established rules. Substantive due process involves determining whether a law is fair or if it violates constitutional protections. Procedural due process is the method of government action or how the law is carried out. Civil Rights and Civil Liberties : What are the two protections of freedom of religion guaranteed by the First Amendment? The establishment clause protects individuals from the state establishment, sponsorship, or favoritism of an official national religion. In the free exercise clause, citizens are permitted to practice their individual re3ligions in any way they choose, so long as these practices and rituals do not endanger society and do not break the laws of the community. Civil Rights and Civil Liberties
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Flashcards Unit VI - Civil Rights and Civil Liberties -...

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