Government Chapter 5 Vocab

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The personal guarantees and freedoms that the federal government cannot abridge y law, constitution, or judicial interpretation.

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Civil Liberties

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The government-protected rights of individuals agaisnt arbiytary or discriminatory treatment

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Civil rights

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The first ten amendments to the US constituion, which largely guarantee specific rights and liberties

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Bill of Rights

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Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the civil liberites of the people, including freedom of religion, speech, press, assembly, and petition.

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First Amendment

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The first clause in the First amendemt; it prohibits the national government from establishing a national religion

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estabalishment clause

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The second clause of the First Amendment; it prohitbits the US government from interfering with a citizen's right to practice his or her religion. Still, some forms of actual exercise of exercise of reliigion can be regulated

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Free exercise clause

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Constitutional doctrine that prevents the gov from prohibiting speech or publication before the fact; generally held to be in violation of the First amendment

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prior restraint

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a court order in which a judge requires authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the judge is not persuaded by the goverent's case. Habeas corpus rights imply that prisoners have a right to know what charges are being made agasint them.

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writs of Habeas corpus

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test articulated by the supreme court in schenck v. us. to draw the line between protected and unprotected speech; the court looks to see "wheter the words used" could "create a clear and present danger that they will bring about substative evils" that congress seskks "to prevent"

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clear and present danger test

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a 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

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direct incitement test

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sumbols, signs, and other methods of expression generally also considered to be protetcted by the First amendment

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symbolic speech

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False written statemtns or written statemtns tending to call someone's reputation into disreute

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libel

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untrue spoken statements that defame the character of a person

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slander

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the supreme court concluded that "actual malice" must be proved to support a finding of libel against a public figure

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NY times Co V sullivan

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words that "by their very utterance inflict injury or tend to incite an immediate breach of peace" fighting words are not subject to the restriction of the first amendment

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fighting words

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proceduaral guarantees provided by the fourth, fifth, sixth, and eight amendments for those accused of crimes

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due process rights

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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 seraches and seizures, shall not be violated, and no Warrants 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."

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Fourth amendment

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part of the bill of rights that imposes a number of restrictions on the fed government with respect to the rights of persons suspected of commiting a crime. it provides for indictment by a grandjury and protection agaisnt self incrimination, and prevents the national gov from denying a person life, liberty, or property without the due process of law. it also precetns thenational gov from taking property without fair compensation

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Fifth amendment

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a landmark supreme court ruling that held the fifthe amendment resquires that individuals arrested for a crime must be advisesd of their irght to remain silent and to have counsel presnt

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Miranda v. arizona

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statments 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

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Miranda rights

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part of the fifth amendment that protects individuals frm being tried twice for the same offense

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double jeopardy clause

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judicially created rule that prohibits police from using illegally seized evidence at trial

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exclusionary rule

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part of the bill of rights that sets out the baisc requirments or procesdural due process for federal courts to follow in criminal trials. these include speedy and public trials, impartial juries, trials in the stae where crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel

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sixth ameendment

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part of the Bill of rights that states "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted"

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eighth amendment

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the right to be let alone; a judicially created doctrine encompassing an individual's decison to use birth control or secure an abortion

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right to privacy

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the supreme court found that a woman's right to an abortion was protected by the right to privacy taht could be implied from specific guartees found in the bill of rights applied to the states thru the 14th amendment

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Roe v. wade