Chapter 4 Flashcards
Bill of Rights
the first ten amendments to the U.S. Constitution, which largely guarantees specific rights and liberties.
Ninth Amendment
Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist.
Tenth Amendment
The final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved for the states or to the people.
Due Process clause
Clause contained in the Fifth and 14th Amendments; over the years, it has been construed to guarantee a variety of rights to individuals.
Substantive due process
Judicial interpretation of the Fifth and Fourteenth Amendments’ due process clauses that protects citizens from the arbitrary or unjust state or federal laws.
Civil liberties
The personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.
Civil Rights
The government-protected rights of individuals against arbitrary or discriminatory treatment by government or individuals.
Incorporation Doctrine
An interpretation of the Constitution holding that the due process clauses of the fourteenth amendment requires state and local governments to guarantee the rights states 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 states via the Fourteenth Amendment.
Fundamental Freedoms
Those rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review.
First Amendment
Parts of the Bill of Rights that imposed 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; it prohibits the U.S. 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 religions 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 Schenk v U.S. (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 substantive evils” that Congress seek “to prevent”.
direct incitement test
test articulated by the Supreme Court in Brandenburg v Ohio (1969) holding that the first amendment protects advocacy of illegal actions 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 persons character.
Slander
Untrue Spoken statements that defame the character of a person.
New York Times Co. v 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 injury or tend to incite an immediate breach of peace. “Fighting words are not subject to the restrictions of the First Amendment”.
writs of habeus 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’s case does not persuade the judge. Habeus corpus rights imply that prisoners have a right to know what charges are being made against them.
Ex posto 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
Part of the Bill of Rights that reads “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Fifth Amendment
Part of the Bill of Rights that imposes a number of restrictions on the federal government with respects to the rights of persons suspected of committing a crime. It provided for indictment by a grand jury and protection against self incrimination, and prevents the national government from denying a person’s life, liberty, or property of law. It also prevents the national government from taking property without just compensation.
Miranda v Arizona (1966)
A landmark Supreme Court case ruling holding that the Fifth Amendment requires individuals arrested for a crime to be advised of their rights 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 illegally seized evidence at trial.
Sixth Amendment
Part of the bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel.
Eighth Amendment
Part of the Bill of Rights that states; “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
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 Amendment.
Roe v 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 specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment.
