Chapter 4
Civil liberties; the protections of citizens from improper governmental action. what government cannot do.
Civil Rights; the legal or moral claims that citizens are entitled to make on the government. obligations. what government must do.
The federal constitution provided such rights as representation in Congress (article 1 section 2) established who can serve in congress and become president and guaranted the privilege of habeas corpus for all people (article 1 section2).
The Contstitution banned the importation of slaves after 1808, but permitted the practice of slavery to continue.
Dred Scott v. Sandford, supreme court ruled that a former slave was not a citized under Missouri law, could not bring suit in cort, and was his master's personal property. slavery could not be excluded from the territories. helped provoke Civil War.
Equal protection clause; aa quest for civil rights in turn inspired other groups to seek new laws and constitutional guarantees of their civil rights. aided by the simplicity of the clause, guarantees to any person.
Amendment 1; limits on congress
Amendments 2,3,4;
Amendments 5,6,7,8; limits on judiciary.
Amendments 9,10; limits on the national government.
The bill of rights did not become a vital instrument for the extension of civil liberties for anyone until after a civil war and 14the amendment intervened.
Strict scrutiny; the most stringent standard of judicial review of a government's actions in which the government must show that the law serves a compelling state interest. given a jump star in 1954 by brown v. boe.
Exclusionary rule; the ability of courts to exclude evidence obtained in violation of the fourth amendment.
Miranda rule; the convention derived from the supreme court's 1966 ruling in the case of miranda v. arizona whereby persons under arrest must be informed of their legal rights, including their