Week 3 Part 1
due process clause*- a clause in the U.S. Constitution that embodies a system
of rights based on moral principles. The due process principle states that the government must
respect all of the legal rights that are owed to a person according to the law.
equal protection clause*- clause in the Fourteenth Amendment to the U.S.
Constitution that prohibits any state from denying to any person within its jurisdiction the
equal protection of the laws
incorporation- the legal process used to form a corporate entity or company.
substantive due process- the notion that due process not only protects
certain legal procedures, but also protects certain rights unrelated to procedure.
procedural due process- the constitutional requirement that when the federal
government acts in such a way that denies a citizen of a life, liberty, or property interest, the
person must be given notice, the opportunity to be heard, and a decision by a neutral
decisionmaker.
civil liberty- the state of being subject only to laws established for the good of the
community, especially with regard to freedom of action and speech.
civil rights- the rights of citizens to political and social freedom and equality.
establishment of religion- prohibits the government from making any law
“respecting an establishment of religion.”
censorship- the suppression or prohibition of any parts of books, films, news, etc. that
are considered obscene, politically unacceptable, or a threat to security
freedom of expression- the freedom of an individual or a community to
articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction.
freedom of assembly-
The right to hold public meetings and form associations without interference by the government.
freedom of association-
The right to form societies, clubs, and other groups of people, and to meet with people individual
ly, without interferenceby the government.
clear and present danger- The standard set by the Supreme
Court for judging when freedom of speech may lawfully be limited.
exclusionary rule-
a rule that forbids the introduction of illegally obtained evidence in a criminal trial.
self-incrimination-
the act of incriminating oneself or exposing oneself to prosecution, especially by givingevidence
or testimony.
probable cause- reasonable ground for a belief, as, in
a criminal case, that the accused was guilty of the crime, or, in
a civil case, that grounds for the action existed: used especially as a defense to
an action for malicious prosecution.
rights of the accused- the rights and privileges of a person accused of a crime,
guaranteeing him a fair trial.
list six cases/issues, detailing which libert(ies) for example First Amendment (expression,
speech, religion, assembly, etc) item, other Bill of Rights area (guns, privacy, prisons,
etc), are violated AND/OR which civil rights areas (voting rights, discrimination,
employment, etc) are involved.
[Link]
1. Regents of the University of California v. Bakke /Affirmative action,
desegregation, civil rights, fourteenth amendment, equality,
2. Lemon v. Kurtzmann/ First amendment, religion,
3. Loving v. Virginia / civil rights, Equal Protection Clause of the 14th Amendment.
Freedom to marry a person of another race
4. Terry v. Ohio / bill of rights, fourth amendment, weapons, reasonable suspicion
5. Griswold v. Connecticut / Bill of Rights, the First, Third, Fourth, and Ninth
Amendments.
6. Allen v. Cooper / eleventh amendment, fourteenth amendment