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Government Chapter 5
Government Chapter 5
30
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09/30/2012

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Term
Civil Liberties
Definition
The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation
Term
Civil Rights
Definition
The government-protected rights of individuals against arbitrary or discrimanatory treatment
Term
Bill of Rights
Definition
The first 10 amendments to the U.S. constitution, which largely guarantee specific rights and liberties.
Term
Ninth Amendment
Definition
Part of the Bill of Rights that reads "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Term
Due process clause
Definition
Clause contained in the Fifth and Fourteenth Amendments. Over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action.
Term
Substantive due process
Definition
Judicial interpretation of the Fifth and Fourteenth Amendments' due process clause that protects citizens from arbitrary or unjust laws
Term
Incorporation doctrine
Definition
An interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and Local governments also guarantee those rights.
Term
Selective incorporation
Definition
a judical doctrine whereby most but not all of the protections found in the Bill of rights are made applicable to the states via the Fourteenth Amendment
Term
Fundamental freedoms
Definition
Those rights defined by the Court to be essential to order, liberty, and justice
Term
First Amendment
Definition
Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including freedom of religion, speech, press, assembly and petition.
Term
Establishment Clause
Definition
The first clause in the First Amendment; it prohibits the national government from establishing a national religion
Term
Free exercise clause
Definition
The second clause of the First Amendment; it prohibits the U.S. government from interfering with a citizen's right to practice his or her religion.
Term
Prior Restraint
Definition
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment
Term
Clear and Present danger test
Definition
Test articulated by the Supreme court in Shenck 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 seeks "to prevent".
Term
Direct Incitement Test
Definition
A test articulated by the Supreme Court in Brandenburg v. Ohio(1969) that holds that advocacy fo illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.
Term
Symbolic Speech
Definition
Symbols, signs, and other methods of expression generally also considered to be protected by the First Amendment
Term
Libel
Definition
False written statements or written statements tending to call someone's reputation into disrepute.
Term
Slander
Definition
Untrue spoken statements that defame the character of a person
Term
New York Times Co. V. Sullivan (1964)
Definition
The supreme court concluded that "actual malice" must be proved to support a finding of libel against a public figure.
Term
Fighting words
Definition
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
Term
Due Process rights
Definition
Procedural guarantees provided by the Fourth, Fifth, Sixth, and Eighth Amendments for those accused of crimes
Term
Fourth Amendment
Definition
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 Warrents 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."
Term
Fifth Amendment
Definition
Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. It provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without the due process of law. It also prevents the national government from taking property without fair compensation.
Term
Miranda V Arizona(1966)
Definition
A landmark Supreme Court ruling that held the Fifth Amendment requires that individuals arrested for a crime must be advised of their rights to remain silent and to have counsel present
Term
Miranda Rights
Definition
Statements that must be made by the police informing 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
Term
Exclusionary Rule
Definition
Judicially created rule that prohibits police from using illegally seized evidence at trial
Term
Sixth Amendment
Definition
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 crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel
Term
Eighth Amendment
Definition
Part of the Bill of Rights that states; "Excessive Bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Term
Right to Privacy
Definition
The right to be let alone; a judicially created doctrine encompassing an individual's decision to use birth control or secure an abortion.
Term
Roe V Wade(1973)
Definition
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