The Bill Of Rights And Civil Liberties

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Bill of Rights

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adopted in 1791 by the states two years after the ratification of the Constitution, it established the basis of civil liberties for Americans.

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Civil Liberties

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those rights of the people that are protected by the Bill of Rights

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Clear and Present Danger Doctrine

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established in Schenk v United States, it gives the government the right to censor free speech, during national emergencies such as war, it can be proven that the result of the speech will significantly hurt national security.

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Cruel and Unusual Punishment

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doctrine found in the 8th amendment to the constituion that prohibits the federal government from imposing excessive penalties for crimes committed.

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Double Jeopardy

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legal concept wherein once a verdict is handed down, you cannot be tried again for the same crime.

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Establishment clause

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component of the First amendment to the Constitution that defines the right of citizens to practice their religions without governmental interference. It also places a restriction on government creating a "wall of seperation" between church and state.

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Exclusionary Rule

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rule that resulted from the Mapp V. Ohio decision determining that policy may obtain only that evidence that can be had through a legitimate search warrant. Other evidence found at the scene of the crime is not admissible, or is excluded, in the trial.

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Fighting words doctrine

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established in Chaplinsky v. New Hampshire, the decision incorporated into state law the concept that the government can limit free speech if it can be proved that the results of speech will cause physical violence.

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Gitlow v. New York

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landmark decision in that the Supreme court incorporated the First Amendment to the state case for the first time.

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Incorporation of the Fourteenth Amendment

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doctrine that made the Bill of Rights apply to the states as a result of Supreme Court decisions Even though the 14th amendment was ratified in 1868, incorporation started to take place in the 1920s. It reached a peak during the Warren Court in the late 1950s and the 1960s.

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Indicment

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a formal list of charges made by a grand jury and guaranteed in the 5th amendment.

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judicial federalism

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the extension of the Bill of Rights to the citiznes of the states, creating a concept of dual citizenship, wherein a citizen was under the jurisdiction of the national government as well as state governments.

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living will

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a legitimate document that can be used to direct a hospital to allow an individual to direct a medical facility not to use extraordinary means such as life support to keep a patient alive. The doctrine was declared constitutional in the case of cruzan v missouri department of health.

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miranda rights

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those rights directing police to inform the accused upon their arrest of their constitutional rights to remain silent, that anything said could be used in court, that they have the right to consult with a lawyer at anytime during the process, that a lawyer will be provided if the accused cannot afford one, that the accused understand these rights, and that the accused has the right to answer any questions at any time and request a lawyer at any point.

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procedural due process

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a series of steps that are established by the 5th, 6th, and 7th amendments that protect the rights of the accused at every step of the investigation.

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Seperation of church and state

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also known as the "establishment clause", it is part of the First Amendment to the Constitution prohibiting the federal government from creating a state-supported religion.

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Substantive due process

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legal process that places limits related to the content of legislation and the extent government can use its power to enact unreasonable laws.

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symbolic speech

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forms of free speech guaranteed under the First Amendment to the Constitution, such as wearing a black armband to protest a governmental action or burning an American flag in protest for political reasons.