Chapter Four Flashcards
Blue Law
Law originally created to uphold a religious or moral standard, such as prohibitions against selling alcohol on Sundays
Civil Liberties
limitations on the power of government, designed to ensure personal freedoms
civil rights
guarantees of equal treatment by government authorities
common-law right
a right of the people rooted in legal tradition and past courting rulings, rather than the Constitution
Conscientious objector
a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion
double jeopardy
prosecution pursued twice at the same level of government for the same criminal action, being tried twice for the same crime
due process clause
provisions of the fifth and fourteenth amendments that limit government power to deny people “life, liberty, or property” on an unfair basis
economic liberty
the right of individuals to obtain, use, and trade things of value for their own benefit
eminent domain
the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the fifth amendment
establishment clause
the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion
exclusionary rule
a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime
free exercise clause
the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices
Miranda warning
a statement by law enforcement officers informing a person arrested, or subject to interrogation, of that person’s rights
obscenity
acts or statements that are extremely offensive by contemporary standards –> led to creation of the Children’s Internet Protections Act(schools must filter internet access.
Patriot Act
a law passed by congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT ACT(Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)
Plea Bargain
an agreement between the defendant and the prosecutor on which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial
prior restraint
a government action that stops someone from doing something before they are able to do it(forbidding people to publish a book they plan to release)
probable cause
legal standard for determining whether a search or seizure is constitutional or a crime has been committed; lower threshold than the standard of proof needed at a criminal trial
right to privacy
the right to be free of government intrusion ex: Griswold v Connecticut
search warrant
a legal document, signed by a judge, allowing police to search and/or seize persons or property
selective incorporation
the gradual process of making some guarantees of the bill of rights(so far) apply to state governments and the national government ex: McDonald v. Chicago
self-incrimination
an action or statement that admits guilt or responsibility for a crime
Sherbert test
a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the ‘least restrictive means” possible; sometimes replaced by the RFFRA( Religious Freedom Restoration Act)
symbolic speech
a form of expression that does not use writing or speech but nonetheless communicates an idea(wearing and article of clothing to show solidarity with a group), subject to same protections as written speech
undue burden test
a means of deciding whether a law that makes it harder for women to seek abortions is constitutional
First Amendment
rights to freedoms of religion and speech; right to assemble/petition the government for redress of grievances; right to a free press
second amendment
right to keep/bear arms to maintain a well-regulated militia
third amendment
right to not house soldiers during time of war
fourth amendment
right to be secure from unreasonable search and seizure
fifth amendment
rights in criminal cases, including dure process and indictment by grand jury for capital crimes, as well as the right to not testify against oneself
sixth amendment
right to a speedy trial by an impartial jury; can present witnesses in their own defense, and assistance of an attorney
seventh amendment
right to a jury trial in civil cases
eighth amendment
right to not face excessive bail, excessive fines, or cruel and unusual punishment
ninth amendment
rights retained by the people, even if they are not specifically enumerated by the constitution
tenth amendment
states’ rights to powers not specifically delegated to the federal government
14th amendment privileges and immunities clause
privileges and immunities clause: “no state shall make or enforce and law which shall abridge the privileges or immunities of citizens of the United States” –> due process clause(former confederate states after reconstruction ends, as black codes and jim crow begins –> wrote new constitution without this 14th amendment)
