Chapter 4 Flashcards
Civil rights
The government protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals
Civil liberties
The personal guarantees and freedoms that the government cannot abridge by law, Constitution or judicial interpretation
Bill of Rights
The first 10 amendments to the US Constitution which largely guarantee specific rights and liberties
Ninth amendment
Part of the Bill of Rights that makes it clear that enumerative rights in the Constitution or Bill of Rights does not mean that others do not exist
10th amendment
The final part of the Bill of Rights that defines the basic principle of American federalism and stating that the powers not delegated to the national government are reserved to the states or to the people
Due process clause
Clause contained in the fifth and 14th amendments over the years, it has been constructed to guarantee a variety of rights to individuals
Substantive due process
Judicial interpretation of the fifth and 14th amendments due process clauses that protects citizens from arbitrary or unjust state or federal laws
Incorporation doctrine
An interpretation of the Constitution holding that the due process clause of the 14th amendment requires state and local government to guarantee the rights stated in the Bill of Rights
Selective incorporation
A judicial doctrine whereby most, but not all protections found in the Bill of Rights are made applicable to the states via the 14th amendment
Fundamental freedoms
Those rights defined by the court as essential to order liberty and justice and therefore entitled to a higher standard of review
First Amendment
Part of the bill of rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion speech press assembly and petition
Establishment clause
The first clause of the first amendment; it directs the national government not to sanction an official religion
Free exercise clause
The second clause of the First Amendment prohibits the US government from interfering with a citizens right to practice his or her religion
Lemon test
Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues
Prior restraint
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact generally held to be in violation of the First Amendment
Clear and present danger test
Test articulated by the Supreme Court in Schenck vs US (1919) to draw the line between protected and unprotected speech; the court looks to see “whether the words used” could “create a clear and present danger that they will bring about substantiative evils that congress seeks” to prevent
Direct incitement test
Test articulated by the Supreme Court in Brandenburg versus Ohio 1969 holding that the First Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur
Symbolic speech
Symbols signs and other methods of expression generally considered to be protected by the First Amendment
Hate speech
Any communication that belittles a person or group on the basis of characteristics
Libel
False written statement that defames a person’s character
Slander
Untrue spoken statements that defame the character of a person
New York Times versus Sullivan 1964
Case in which the Supreme Court concluded that actual malice must be proven to support a finding of libel against a public figure
Fighting words
Words that “by their very utterance inflict I hurt or tend to incite an immediate breach of peace.” Fighting words are not subject to the restrictions on the first amendment
Writs of habeas corpus
Petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government case does not persuade the judge. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them
Ex post facto law
Law that makes an act punishable as a crime even if the action was legal at the time it was committed
Bill of attainder
A law declaring an act illegal without a judicial trial
Fourth amendment
Search and seizure of property
Fifth Amendment
Right to a trial if accused, no self-incrimination required, no double jeopardy ( you cannot be tried twice for the same crime) , right to compensation for taking by government
Miranda versus Arizona 1966
A landmark Supreme Court ruling holding that the fifth amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have counsel present
Miranda rights
Statements required of police that inform a suspect of his or her constitutional rights protected by the fifth amendment, including the right to an attorney provided by the court if the suspect cannot afford one
Double Jeopardy Clause
Part of the fifth amendment that protects individuals from being tried twice for the same offense in the same jurisdiction
Exclusionary rule
Judicially created rule that prohibits police from using illegal seized evidence at trial
Sixth amendment
Right to a speedy trial by jury and confrontation of witnesses
Eighth amendment
Prohibits cruel and unusual punishment
Right to privacy
The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the first, third, fourth, ninth, and fourteenth amendments
Roe versus Wade (1973)
The Supreme Court found that a woman’s right to an abortion was protected by the right to privacy that could be implied from a specific guarantees found in the bill of rights applied to the states through the 14th amendment
