Poli Sci Chapter 5 Vocabulary

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The Supreme Court found that a woman's right to 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 14th Amendment

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Roe v. Wade (1973)

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

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right to privacy

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Part of the Bill of Rights that states: "Excessive bail shall not be required, nor excessive frines imposed, nor cruel and unusual punishments inflicted."

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8th Amendment

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Part of the Bill of Rights that sets out the basic requiremnts 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.

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6th Amendment

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

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Exclusionary rule

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

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Miranda v. Arizona (1966)

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Statements that must be made by the police informing a suspect of his or her constitutional rights protected by the 5th 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 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 without the due process of law. It also prevents the national government from taking property without fair compensation.

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5th Amendment

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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 searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particuraly describing the place to be searched, and the persons or things to be seized.

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4th Amendment

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

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due process rights

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Words that, "by their very utterance inflict injury or tend to incite an immediate breach of peace."

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fighting words

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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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New York Times Co. v. Sullivan (1964)

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Untrue spoken statements that defame the character of a person.

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slander

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

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libel

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Symbols, signs, and other methods of expression generally also considered to be protected by the 1st Amendment.

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symbolic speech

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A test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the 1st Amendment unless imminent lawless action is intended and likely to occur.

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direct incitement test

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Test articulated by the Supreme court in Schenck v. US (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."

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clear and present danger test

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Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the 1st Amendment.

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prior restraint

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The second clause of the 1st amendment; it prohibits the US government from interfering with a citizen's right to practice his or her religion.

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free exercise clause

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The first clause in the 1st Amendment; it prohibits the national government from establishing a national religion.

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establishment clause

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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 liberties of the people, including freedom of religion, speech, press, assembly, and petition.

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1st Amendment

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Those rights defined by the Court to be essential to order, liberty, and justice.

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fundamental freedom

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A judicial doctrine whereby most but not all of the protcetions found in the bill of Rights are made applicable to the states via the 14th Amendment

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selective incorperation

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An interpretation of the Constitution that holds the due process clause of the 14th amendment requires the state and local government those rights

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incorperation doctrine

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Judicial interpretation of the 5th and 14th amendments' due process clause that protects citizens from aribitrary or unjust laws.

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substantive due process

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Clause contained in the 5th and 14th amendments. Over the years, it had been construed to guarantee to individuals a varitey of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action.

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due process clause

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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."

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9th Amendment

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The 1st 10 Amendmetns to the US Constitution, which largley guarantee specific rights and liberties.

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Bill of Rights

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The government-protected rights os individuals against arbitrary or discriminatory treatment

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civil rights

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

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civil liberties