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Chapter 5
civil liberties
34
Political Studies
12th Grade
01/27/2013

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Term
Civil Liberties
Definition
The persona guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.
Term
Civil Rights
Definition
The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.
Term
Bill of Rights
Definition
The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties
Term
Ninth Amendment
Definition
Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that the others do not exist.
Term
Tenth Amendment
Definition
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 to the states or to the people.
Term
Due process Clause
Definition
Clause contained in the fifth and 14th amendment; over the years, it has been construed to guarantee to individuals a variety of rights.
Term
Substantive due process
Definition
Judicial interpretation of the 5th and 14th amendments' due process clauses that protects citizens from arbitrary or unjust state or federal law
Term
Incorporation doctrine
Definition
An interpretation of the Constitution that holds that the due process clause of the 14th amendment requires that state and local government must also guarantee the rights stated in the Bill of Rights.
Term
1st amendment
Definition
Part of the Bill of Right that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition
Term
Selective incorpotation
Definition
a judicial doctrine whereby most but not all of the protections found in the bill of rights are made applicable to the states via the 14th amendment
Term
Fundamental Freedoms
Definition
Those rights defines by the court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review.
Term
Establishment Clause
Definition
The first clause of the 1st amendment; it directs the national government not to sanction an official religion
Term
Free exercise clause
Definition
The second clause of the 1st amendment; it prohibits the U.S. government from interfering with a citizens rights to practice his or her religion.
Term
Lemon Test
Definition
The three part test created by the Supreme Court for examining the constitutionality of religions establishment issues.
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 1st amendment.
Term
Clear and present danger test
Definition
Test articulated by the supreme court in Schenck v U.S. 1919 t draw the line between protected 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
Test articulated by the supreme court in Brandenburg v. Ohio that holds that advocacy of 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 f expressing generally considered to be protected by the first amendment.
Term
Libel
Definition
Written statement that defames a persons character
Term
Slander
Definition
Untrue spoken statements that defame the character of a person
Term
Fighting words
Definition
Words that by their very utterance inflict injury of tend to incite an immediate breach pf peace. Fighting words are not subject to the restrictions of the first amendment.
Term
Writ of Habeas corpus
Definition
Court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allow the prisoner to be freed id the judge is not persuaded by the government's case. ____ rights imply that prisoners have a right to now what charges are bring made against them.
Term
Ex post facto law
Definition
Law that makes an act punishable as a crime even if the action was legal at the time it was committed.
Term
Bill of Attainder
Definition
A law declaring an act illegal without judicial trial.
Term
4th Amendment
Definition
"The rights of the people to 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 affermation, and particularly describing the place to be searched, and the persons of things to be seized.
Term
5th Amendment
Definition
Imposes the 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 due process of law. It also prevents the national government from taking property without just compensation.
Term
Miranda v. Arizona
Definition
A landmark supreme court ruling that held the 5th amendment requires that individuals arrested for a crime must be advised of their right 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 5th amendment, including the right to an attorney by the court if the suspect cannot afford one
Term
Double Jeopardy Clause
Definition
Part of the 5th amendment that protects individuals from being tried twice for the same offense in the same jurisdiction
Term
Exclusionary rule
Definition
Judicially created rule that prohibits police from using illegally seized evidence at a trial
Term
6th 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
8th Amendment
Definition
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 left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the 1st, 3rd, 4th, 9th and 14th.
Term
Roe v wade
Definition
The SC 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 14th amendment
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