Gov't Vocab From Ch 5 Of American Government: Continuity And Change

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Civil Liberties

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Ther personal guarantees and freedoms that the federal gov't cannot abridge by law, consitution, or judicial interpretation

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Civil Rights

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The gov't-protected rights of individuals against arbitrary or discriminatory treatment

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Bill of Rights

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The first ten amendments to the U.S. constitution, which largely guarantee specific rights and liberties

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Ninth Amendment

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Part of the Bill of Tights that reads "The enumeration in the Constitution, of certain rights, shall no be constued to deny or deisparage others retained by the ppl."

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Tenth Amendment

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Part of the Bill of Rights that reiterates powers not delegated to the national gov't are reserved to the states or to the ppl

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due process clause

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Clause contained in the Fifth and 14th Amendments. Over the years, it has been constued to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from any arbitrary gov't action

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Substantive due process

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Judicial interpretation of the Fifth and 14th Amendments' due process clause that protects citizens from arbitrary or unjust laws.

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incorporation doctrine

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An interpretation of the Constitution that holds that the due process clause of the 14th Amendment requires that state and local gov'ts also guarantee those rights.

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selective incorporation

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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

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fundamental freedoms

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those rights defined by the court to be essential to order, liberty, and justice, and therefore entitled to the highest standard of review, strict scrutiny

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First Amendment

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Part of the Bill of Rights that imposes a # of restrictions on the fed gov't with respect to t;he civil liberties of the ppl, including freedom of religion, speech, press, assembly, and petition.

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establishment clause

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The first clause in the First Amendment; it prohibits the national gov't from establishing a national religion

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free excercise clause

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the second clause of the First Amendment; it prohibits the U.S. gov't from interfering w/ a citizen's right to practice his/her religion. Still, some forms of actual excercise of religion can be regulated.

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prior restraint

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Constitutional doctrine that prevents the gov't from prohibiting speech or publication b4 the fact; generally held to be in violation of the first amendment

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writ of habeas corpus

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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 gov'ts case. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them

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clear and present danger test

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Test articulated by the Supreme court in Schenck vs U.S. (1919) to draw the line btwn protected & 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"

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direct incitement test

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A test articulated by the Supreme court in Brandenburg vs. Ohio that holds that advocacy of illegal action is protected by the 1st Amendment unless iminent lawless action is intended and likely to occur.

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symbolic speech

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Symbols, signs, and other methods of expression generally also considered to be protected by the First Amendment.

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libel

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False written statements or written statements tending to call someone's reputation into dispute

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slander

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unture spoken statements that defame the character of a person

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New York Times Co. vs. Sullivan (1964)

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The Supreme Ct concluded that "actual malice" must be proved to support a finding of libel against a public figure.

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fighting words

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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 restrictions of the First Amendment

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Due process rights

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procedural guarantees provided by the 4th, 5th, 6th, and 8th amendments for those accused of crimes

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4th Amendment

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Part of the Bill of Rights that reads: "the right of the ppl to be 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 affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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Fifth Amendment

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Part of the B.o.R that imposes a # of restrictions on the fed gov't w/respect to the rights and persons suspected of committing a crime. It proveides for indictment by a grand jury and protectionagainst self-incrimination, and prevents the national gov't from denying a person life, liberty, or property w/out the due process of law. It also prevents the national gov't from taking property w/out fair compensation.

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Miranda v Arizona (1966)

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A landmark Supreme Ct ruling that held the 5th Amendment requires that individuals arrested for a crime must be advise of their right to remain silent and to have counsel present.

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Miranda Rights

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Statements that must be made by the police informing a suspect of his constitutional rights protected by the 5th Amendment, including the right to an attorney provided by the court if th esuspect cannot afford one.

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Double jeopardy clause

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Part of the 5th amendment that protects individuals from being tried twice for the same offence

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exclusionary rule

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

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Sixth Amendment

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Part of the B.o. R. that sets out the basic requirements of procedural due process for fed. courts to follow in criminal trials. These include speedy and public tirals, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel.

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Eighth Amendment

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Part of the B. o. R. that states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

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right to privacy

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

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Roe vs Wade (1973)

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The Supreme Ct 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 B. o. R. applied to the states through the 14th Amendments