Chapter 4 Vocab Flashcards
The first ten amendments to the Constitution. They include rights such as freedom of speech and religion and due process protections (such as the right to a jury trial) for persons accused of crimes
Bill of rights
The fundamental individual rights of a free society, such as freedom of speech and the right to a jury trial, which in the United States are protected by the Bill of Rights
Civil liberties
A test devised by the Supreme Court in 1919 to define the limits of free speech in the context of national security. According to the test, government cannot abridge poltical expression unless it presents a danger to the nation’s security
Clear-and-present danger test
The clause of the Constitution that has been used by the judiciary to apply the Bill of Rights protected to the actions of state governments
Due process clause (of 14th amendment)
The 1st amendment provision stating that government may not favor one religion over another or favor religion over no religion, and prohibiting Congress from passing laws respecting the establishment of religion
Establishment clause
The legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means
Exclusionary rule
Americans’ freedom to communicate their views, the foundation of which is the first amendment rights of freedom of conscience, speech, press, assembly, and petition
Freedom of expression
A 1st amendment provision that prohibits the government from interfering with the practice of religion
Free-exercise clause
The legal principle that otherwise excludable evidence can be admitted in trial if police believed they were following proper procedures
Good faith exception
A legal test that says government cannot lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at producing, and is likely to produce this
Imminent lawless action test
The legal principle that otherwise excludable evidence can be admitted in trail if police would eventually have discovered the evidence by other means
Inevitable discovery exception
A 3 part test to determine whether a law relating to religion is valid under the religious establishment clause. To be valid, a law must have a secure purpose, serve neither to advance nor inhibit religion, and avoid excessive government entanglement with religion
Lemon test
Publication of false material that damages a person’s reputation
Libel
The legal principle that otherwise excludable evidence can be admitted in trial if discovered in plain sight in the process of arresting a suspect for another infraction
Plain view exception
Government prohibition of speech in publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming
Prior restraint
The constitutional requirement that government must follow proper legal procedures before a person can be legitimately punished for an alleged offense
Procedural due process
A right implied by the freedoms in the Bill of Rights that grants individuals a degree of personal privacy upon which government cannot lawfully intrude. The right gives individuals a level of free choice in areas such as reproduction and intimate relations
Right of privacy
The process by which certain of the rights contained in the BIll of Rights become applicable through the 14th amendment to actions by the state governments
Selective incorporation
Spoken falsehoods that damage a person’s reputation
Slander
Action like burning a flag for the purpose of expressing a political opinion
Symbolic speech
Ruled that the 1st 10 amendments do not apply to states (don’t have to uphold them)
Barron vs. Baltimore
SELECTIVE INCORPORATION. Applying to the Bill of Rights to the states on a CASE BY CASE basis to arrive at ONE NATIONAL STANDARD
14th amendment
This guranteed that the 1st 10 amendments are fundamental, no state government can infringe upon them
14th due-process clause
Supreme court engaged in this and evoked the 14th amendment to apply to the Bill of Rights to the states
Selective incorporation
1st amendment gurantees what 4 things
Speech, press, assembly, religion
What does the 4th amendment gurantee
Unreasonable search and seizure
What does the 5th amendment gurantee
Self-incrimination, double jeopardy, due process
What does the 6th amendment gurantee
Right to counsel and fair and speedy trial
What does the 8th amendment gurantee
No excessive bail and no cruel and unusual punishment
