4.1 What are Civil Liberties?
=
civil liberties- limitations on government power
civil rights- guarantees that government officials will treat people equally anf that decision will be made on account of merit and not because of race or gender
writ of habeas corpus- A "writ of habeas corpus" is a legal order. It means "produce the body" in Latin. It lets a person challenge if they're being held in jail legally.
ex post facto laws- a law that makes something illegal after it was already done, punishing someone for doing something that wasn't illegal when they did it
bills of attainder- laws that punish a group of persons or a person without trial
due process clause- the idea that people will be treated fairly and impartially by government officials
grand jury- a group of citizens charged with deciding whether or not there is enough evidence of crime to prosecute someone
4.2 Securing Basic Freedoms
=
![[Screenshot 2024-11-05 at 1.38.54 PM.png]]
**First Amendment**
establishment clause(forbidding the state or nation to establish a specific religion)
free exercise clause- (limits the ability of the government to control or restrict religious practices)
overall encompassing freedom of expression
prior restraint- the federal government could not in advance ban someone from publishing something without a very compelling reason
exclusionary rule- evidence gained during an illegal search can't be used against you
4.3 The Rights of the Suspects
=
**Fifth Amendment**
protects against double jeopardy- being tried for the same crime twice
protection against self incrimination - the right to remain silent
eminent domain- the right of the government to seize public property for public use, providing there is fair compensation
**Sixth Amendment**
right to a fair, speedy, public trial
plea bargain- pleads guilty in order to get more lenient punishment
!! impartial jury
**Seventh Amendment**
deals with the rights of those involved in civil disputes
**Eight Amendment**
no excessive bail, fines, or cruel or unusual punishment
4.4 Interpreting the Bill of Rights
=
the last two amendments indicate how the Constitution and Bill of Rights should be interpreted
**Ninth Amendment**
extended rights such as common law and enumerated rights
**Tenth Amendment**
focuses on power
the federal government has both explicit and non explicit powers, but what the federal government does or does not decide to do, the states can choose
allows states to guarantee rights and liberties more fully
federal law overrules state law
right to privacy- freedom from government intrusion into homes and personal lives of the people