Bill of Rights Flashcards
Bill of Rights
first 10 Amendments of Constitution
written by James Madison
slander
spoken lies that damage one’s reputation
due process
fair treatment through normal judicial system
loose constructionism
broad interpretation of Constitution
favors more power to national government
political speech
speech which questions government
search warrant
written authorization from a court which specifies what is to be searched for and where is to be searched
compelling state interest
reason for government to restrict rights
double jeopardy
subjecting of a person to a second trial or punishment for the same offense for which the person has already been tried or punished
strict constructionism
narrow interpretation of Constitution
favors more power to state governments
content neutrality
doctrine which states that speech may not be restricted based on its message alone
libel
printed lies that damage a person’s reputation
probable cause
reasonable cause for issuing a search warrant or making an arrest
more than mere suspicion
symbolic speech
nonverbal communication used to convey a message or an idea
protected under 1st amendment by Supreme Court
amendment process
congress proposes amendments with a two-thirds majority vote
state governments must ratify proposed amendments with a three-fourths majority vote
significance of difficulty of amendment process
overwhelming support is necessary to change the Constitution
requires the amendments to be on a very important issue
uses federalism
president has no power over amendments to Constitution
number of amendments to the Constitution
27
1st Amendment
protects freedom of religion
protects freedom of speech
protects freedom of press
protects right to assemble
protects right to petition
4th Amendment
prohibits unreasonable searches and seizures
prohibits issue of warrants without probable cause
mandates that all warrants specify the items to be searched for and where is to be seached
5th Amendment
protects right to not testify in court except upon indictment of a grand jury
prohibits being tried or punished for the same crime twice
protects the right to not incriminate oneself
prohibits the deprivation of life, liberty, or property without due process
prohibits eminent domain without just compensation
6th Amendment
protects right to speedy and public trial
protects right to jury trial
mandates trials to be held in district where crime had allegedly been committed
protects right to know one’s charges brought against them
Schenck v. United States (1919)
Schenk was arrested for printing and distributing anti-drafting leaflets to drafted soldiers
Supreme Court ruled that the government can restrict speech if it creates a “clear and present danger” to the government during wartime (United States)
Gideon v. Wainwright (1963)
Gideon was tried by the state of Florida for petty theft without being appointed a council
Supreme Court ruled that the right to council, granted by the 6th Amendment, is a fundamental right applied to states via the 14th Amendment (Gideon)
Miranda v. Arizona (1966)
Miranda was coerced into formally confessing to crimes by police officers
Supreme Court ruled that Miranda’s confession must be omitted because the police officers failed to inform him of his rights protected by the 5th Amendment and 6th Amendment (Miranda)
New Jersey v. TLO (1985)
TLO’s bag was searched after she was caught smoking on school property
Supreme Court ruled that a search of a student’s possessions was not unreasonable under the 4th Amendment (New Jersey)
