Government Test (Ch 4)

Front 1

civil liberties

Back 1

the personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation.
significance- prevents government from interfering with our right. protects our rights
(your not allowed to say that)

Front 2

civil rights

Back 2

the government-protected rights of individuals against arbitrary or discriminatory treatment.
significance- protects individuals from specific or arbitrary acts taken by the government against someone
(your not allowed to say that because your woman)

Front 3

Bill of Rights

Back 3

Bill of Rights- the first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties
significance- guarantees basic rights, where the civil liberties are stated.

Front 4

Ninth Amendment

Back 4

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.”
significance- there are other rights besides the bill of rights.

Front 5

Tenth Amendment

Back 5

Part of the Bill of Rights that reiterates powers not delegated to the national government are reserved to the states or to the people.
significance- gives the people a certain amount of control over their own rights.

Front 6

due process clause

Back 6

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.
significance- gives power to the people, protects their rights.

Front 7

substantive due process

Back 7

judicial interpretation of the Fifth and Fourteenth Amendments’ due process clause that protects citizens from arbitrary or unjust laws.
significance- how they carry out the due process clause

Front 8

incorporation doctrine

Back 8

the due process clause of the Fourteenth Amendment requires that state and local governments also guarantee those rights.
significance- state and local governments must comply to the due process clause

Front 9

selective incorporation

Back 9

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 Fourteenth Amendment
significance- the federal government’s bill of rights were left out of the states’, like the double jeopardy clause in Palco v. Connecticut.

Front 10

First Amendment

Back 10

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.
significance-prevents government from interfering with the civil liberties of the people. In Gitlow v. NY the court ruled that the state government could not limit the rights of political expression.

Front 11

establishment clause

Back 11

the first clause in the First Amendment; it prohibits the national government from establishing a national religion.
significance- protects freedom of religion, and promotes the separation of church and state

Front 12

free exercise clause

Back 12

the second clause of the First Amendment; it prohibits the U.S. government from interfering with a citizens right to practice his or her religion. Still, some forms of actual exercise of religion can be regulated.
significance- protects freedom of religion to a certain extent

Front 13

prior restraint

Back 13

Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment.
significance- the court won’t stop a paper from printing anything, although they can get you in trouble after.

Front 14

writ of habeas corpus

Back 14

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 government’s case. Habeas Corpus rights imply that prisoners have a right to know what charges are being made against them.
significance- suspended during the civil war, protects rights of arrestee's

Front 15

clear and present danger test

Back 15

test articulated by the Supreme Court in Schenk 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.”
significance- gave government the power to restrict speech if it was harmful.

Front 16

direct incitement test

Back 16

a test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.
significance- gives you more power of speech than the clear an present danger test

Front 17

symbolic speech

Back 17

symbols, signs, and other methods of expression generally also considered to be protected by the First Amendment.
significance- in tinker v. des Moines the right of students to wear black armbands in protest to the Vietnam war was upheld.

Front 18

libel

Back 18

false written statements or written statements tending to call someone’s reputation into disrepute.
significance- restricts freedom of speech, is hard to prove in court because actual malice must be proven

Front 19

slander

Back 19

untrue spoken statements that defame the character of a person.
significance- restricts freedom of speech, malice was intended

Front 20

New York Times Co. v. Sullivan

Back 20

the Supreme Court concluded that “actual malice” must be proved to support a finding of libel against a public figure.
significance- first time the court took on the issue of libel, established what is consider libel

Front 21

fighting words

Back 21

words that, “by their very utterance inflict injury or tend to incite animmediate breach of peace.” Fighting words are not subject to the restrictions of the First Amendment.
significance- they’re not protected under the first amendment

Front 22

due process rights

Back 22

procedural guarantees provided by the Fourth, Fifth, Sixth, and Eighth Amendments for those accused of crimes.
significance- gives those accused of crime certain rights, such as the right to a fair trial.

Front 23

Fourth Amendment

Back 23

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.”
significance- police cannot search you without a warrant with the exception of certain rules

Front 24

Fifth Amendment

Back 24

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 with the due process of law.
significance- in Miranda v. Arizona the court ruled that the Fifth Amendment requires an individual accused of a crime to be advised of their rights.

Front 25

Miranda rights

Back 25

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.
significance- you have to be read you rights

Front 26

Sixth Amendment

Back 26

part of the Bill of Rights that sets out that 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.
significance- you can’t exclude certain groups in a jury, in gideon v. wainwright the court ruled that lawyers were a necessity not a luxury.

Front 27

exclusionary rule

Back 27

judicially created rule that prohibits police from using illegally seized evidence at trial.
significance- was a remedy to deter constitutional violations

Front 28

Eighth Amendment

Back 28

Part of the Bill of Rights that states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
significance- caused conflict over the death penalty. In Furman v Georgia the government stopped capital punishment until it could be used in a less arbitrary manner which was accomplished by Gregg v. Georgia.

Front 29

right to privacy

Back 29

the right to be let alone, a judicially created doctrine encompassing an individual’s decision to use birth control or secure an abortion.
significance- women have the right to use birth control and get an abortion

Front 30

Miranda v. Arizona

Back 30

A landmark Supreme Court ruling that held the Fifth Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present.
significance- led to the Miranda rights

Front 31

Roe v. Wade

Back 31

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.
significance- falls under right to privacy and three trimesters of pregnancy and when you get the abortion.

Front 32

double jeopardy clause

Back 32

part of the Fifth Amendment that protects individuals from being tried twice for the same offense.