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Civil Rights
Government-protected rights of individuals against arbitrary or discriminatory treatment
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Civil Liberties
Personal guarantees and freedoms that government cannot abridge, by law or judicial interpretation
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Bill of Rights
First 10 amendments to the Constitution, containing specific guarantees
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9th Amendment
- "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
- This special listing of rights does not mean that others don't exist.
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10th Amendment
Powers not delegated to the national government are reserved to the states or to the people.
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Procedural Due Process
- Says that procedures that are written in law are fair or that they are followed fairly.
- In order to show a procedural due process claim, one must prove there was an impact on life, liberty, or the pursuit of property.
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Substantive Due Process
If government laws are arbitrary or unjust.
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Incorporation Doctrine
- An interpretation of the Constitution that holds that the due process clause of 14th Amendment requires that state and local governments also guarantee those rights.
- Gitlow v. New York (1925)
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