Const Chapter 1

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bill of attainder

Back 1

Addressing a group instaed of an act. A legislative act imposing punishment on a party without the benefit of a judicial proceeding. you are addresing a tall black retarded person instead of drinking which is an act

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censorship

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Broadly defined, any restriction imposed by the government on speech, publication, or other form of expression

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civil liberties

Back 3

The freedoms protected by the Constitution and statutes—for example, freedom of speech, religion, and assembly.

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civil rights

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Legal protection against invidious discrimination in citizens’ exercise of the rights of life, liberty, and property. The right to equality before the law and equal treatment by government.

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compelling government interest

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A government interest sufficiently strong that it overrides the fundamental rights of persons adversely affected by government action or policy

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compulsory self-incrimination

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incrimination The requirement that an individual give testimony leading to his or her own criminal conviction; forbidden by the fifth Amendment

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Contracts Clause

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Provision of Article I, Section 10, forbidding states from impairing the obligations of contracts

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cruel and unusual punishments

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Degrading punishments that shock the moral standards of the community, such as torturing or physically beating a prisoner.

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doctrine of incorporation

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The doctrine under which provisions of the Bill of Rights are held to be incorporated within the Due Process Clause of the Fourteenth Amendment and are thereby made applicable to actions of the state and local governments

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double jeopardy

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The condition of being prosecuted a second time for the same offense.

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Due Process Clause

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The clause found in both the fifth and Fourteenth Amendments that prohibits government from taking a person’s life, liberty, or property without due process of law.

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due process of law

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Procedural and substantive rights of citizens against government actions that threaten the denial of life, liberty, or property.

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Eighth Amendment

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Amendment included in the Bill of Rights prohibiting excessive bail, excessive fines, and cruel and unusual punishments.

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eminent domain

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The power of government, or of individuals and corporations authorized to perform public functions, to take private property for public use.

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Equal Protection Clause

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Clause in Section 1 of the Fourteenth Amendment that prohibits states from denying equal protection of the laws to persons within their jurisdictions.

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equality

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Historically, a system of rules, remedies, customs, and principles developed in England to supplement the harsh common law by emphasizing the concept of fairness. In addition, because the common law served only to recompense after injury, equity was devised to prevent injuries that could not be repaired or recompensed after the fact. While American judges continue to distinguish between law and equity, these systems of rights and remedies are, for the most part, administered by the same courts.

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Establishment Clause

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Clause in the first Amendment prohibiting Congress from enacting laws “respecting an establishment of religion.”

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ex post facto laws

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A retroactive law that criminalizes actions that were innocent at the time they were taken or that increases punishment for a criminal act after it was committed.

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excessive bail

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An unreasonably large dollar amount or unreasonable conditions imposed by a court as a prerequisite for a defendant to be released before trial; prohibited by the Eighth Amendment.

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excessive fines

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fines that are deemed to be greater than is appropriate for the punishment of a particular crime

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fair hearing

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A hearing in a court of law that conforms to standards of procedural justice.

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fifteenth Amendment

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Amendment to the Constitution, ratified in 1870, that prohibits states from denying the right to vote on account of race.

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fifth Amendment

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Amendment included in the Bill of Rights providing for due process of law and prohibiting compulsory self-incrimination

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forfeiture

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Sacrifice of ownership or some right (usually property) as a penalty

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Fourth Amendment

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Amendment within the Bill of Rights prohibiting unreasonable searches and seizures.

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Fourth Amendment

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Amendment within the Bill of Rights prohibiting unreasonable searches and seizures

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Free Exercise Clause

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Clause in the first Amendment prohibiting Congress from abridging the free exercise of religion.

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freedom of expression

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A summary term embracing freedom of speech and freedom of the press as well as symbolic speech and expressive conduct.

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freedom of speech

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The right to speak or express oneself freely without unreasonable interference by government.

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freedom of the press T

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The right to publish newspapers, magazines, and other print media free from prior restraint or sanctions by the government.

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fundamental rights

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Those rights, whether or not explicitly stated in the Constitution, deemed to be basic and essential to a person’s liberty and dignity.

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grand jury

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A group of twelve to twenty-three citizens convened to hear evidence in criminal cases to determine whether indictment is warranted

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grandfather clauses

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1) In its modern, general sense, any legal provision protecting someone from losing a right or benefit as a result of a change in policy. (2) In its historic sense, a legal provision limiting the right to vote to persons whose ancestors held the right to vote prior to passage of the fifteenth Amendment in 1870.

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habeas corpus

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A judicial order issued to an official holding someone in custody, requiring the official to bring the prisoner to court for the purpose of allowing the court to determine whether that person is being held legally.

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heightened scrutiny

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The requirement that government justify a challenged policy by showing that it is substantially necessary to the achievement of an important objective

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liberty

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The absence of restraint.

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literacy tests

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A test of reading and/or writing skills, often given as a prerequisite to employment. At one time, literacy tests were required by many states as preconditions for voting in elections.

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minimal scrutiny

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The most lenient form of judicial review of policies challenged as violations of civil rights and liberties.

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narrowly tailored

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Term used to describe a policy that is carefully designed to achieve its intended goal with a minimal negative impact on civil liberties.

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natural rights

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are “life, liberty, and property.” As recognized by the Declaration of Independence, they are “life, liberty, and the pursuit of happiness.”

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Nineteenth Amendment

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Amendment to the Constitution, adopted in 1920, which prohibits the denial of voting rights on account of gender.

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Ninth Amendment

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Amendment contained within the Bill of Rights that recognizes rights retained by the people even though they are not specifically enumerated in the Constitution.

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presumption of constitutionality

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The doctrine of constitutional law holding that laws are presumed to be constitutional with the burden of proof resting on the plaintiff to demonstrate otherwise

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procedural due process

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Set of procedures designed to ensure fairness in a judicial or administrative proceeding.

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rational basis test The

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The test of the validity of a statute inquiring whether it is rationally related to a legitimate government objective.

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religious tests

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Tests to determine whether individuals hold “appropriate” religious convictions.

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right of privacy

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Constitutional right to engage in intimate personal conduct or make fundamental life decisions without interference by the state.

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minnesta v olsen privacy right

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visotor can complain overnight guest

Front 49

cops woalking-grab what they see

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arizona hicks -1987

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terry the cops dont have to disclose-colorado versus spring 1987

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cops get to dont have to tell u if they questioning you for 1 or 6 diffferent misdemeanors or felonies

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cops walking they can see it

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Horton v. California (1990).

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bertine colorado versus bertine 1987

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luckily fnd weed need to toss it if this wasnt a drug search initial call

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no xrays

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kyylo patterson 2001

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hallf ass warrant

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ff Franks v. Delaware (1978), ******** in the warrant tosses it out

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terry longer than minutes illegal

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minnesota patterson1993 after u realize its not a gun the terry search is oover wong song fruits

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right to keep and bear arms

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Right to possess certain weapons, protected against federal infringement by the Second Amendment to the Constitution.

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selective incorporation

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Doctrine under which selected provisions comprising most of the Bill of Rights are deemed applicable to the states by way of the Fourteenth Amendment.

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Sixth Amendment

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Amendment contained within the Bill of Rights guaranteeing the right to counsel and the right to trial by jury in criminal cases

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Seventh Amendment

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Amendment contained within the Bill of Rights guaranteeing the right to a jury trial in federal civil suits.

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speedy and public trial

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trial An open and public criminal trial held without unreasonable delay; guaranteed by the Sixth Amendment to the Constitution

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barker versus wingo speedy trial

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barker last but the upshot is say hey notime limit onna speedy trial ,and the govt cant drag longer than 6 or 8 months 1972

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unalienable rights

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Rights that are vested in individuals by birth, not granted by government.

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Twenty-sixth Amendment

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Amendment ratified in 1971 lowering the voting age in federal and state elections to 18.

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strict scrutiny

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The most demanding level of judicial review in cases involving alleged infringements of civil rights or liberties.