Bill of Rights Flashcards

1
Q

Bill of Rights

A

first 10 Amendments of Constitution

written by James Madison

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2
Q

slander

A

spoken lies that damage one’s reputation

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3
Q

due process

A

fair treatment through normal judicial system

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4
Q

loose constructionism

A

broad interpretation of Constitution

favors more power to national government

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5
Q

political speech

A

speech which questions government

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6
Q

search warrant

A

written authorization from a court which specifies what is to be searched for and where is to be searched

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7
Q

compelling state interest

A

reason for government to restrict rights

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8
Q

double jeopardy

A

subjecting of a person to a second trial or punishment for the same offense for which the person has already been tried or punished

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9
Q

strict constructionism

A

narrow interpretation of Constitution

favors more power to state governments

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10
Q

content neutrality

A

doctrine which states that speech may not be restricted based on its message alone

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11
Q

libel

A

printed lies that damage a person’s reputation

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12
Q

probable cause

A

reasonable cause for issuing a search warrant or making an arrest

more than mere suspicion

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13
Q

symbolic speech

A

nonverbal communication used to convey a message or an idea

protected under 1st amendment by Supreme Court

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14
Q

amendment process

A

congress proposes amendments with a two-thirds majority vote

state governments must ratify proposed amendments with a three-fourths majority vote

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15
Q

significance of difficulty of amendment process

A

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

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16
Q

number of amendments to the Constitution

A

27

17
Q

1st Amendment

A

protects freedom of religion

protects freedom of speech

protects freedom of press

protects right to assemble

protects right to petition

18
Q

4th Amendment

A

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

19
Q

5th Amendment

A

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

20
Q

6th Amendment

A

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

21
Q

Schenck v. United States (1919)

A

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)

22
Q

Gideon v. Wainwright (1963)

A

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)

23
Q

Miranda v. Arizona (1966)

A

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)

24
Q

New Jersey v. TLO (1985)

A

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)