| Term | Definition |
|---|
| amendment 1 | speech, religion, and politics. o No ESTABLISHMENT of Religion o No prohibiting free exercise of religion o Freedom of speech, of the press, and to assemble,o Right to petition the government for a redress of grievances |
| amendment 2 | military and right to bear arms shall not be breeched. |
| amendment 3 | No quartering soldiers in home in time of peace |
| amendment 4 | o No search or seizure unless gov't has warrant specifying what they are looking for |
| amendment 5 | Grand Juries, Self-incrimination, Double jeopardy, due process, and eminent domain. o Shall not be held to answer for capital unless presentment of a grand jury o No person can be subject for the same offence twice (double jeopardy) o No person shall compelled in any criminal case to be a witness against themselves o No person shall be deprived of life, liberty, or property without due process of law o No property shall be taken without compensation |
| amendment 6 | criminal court procedures. oright to counsel in criminal cases. right to a speedy trial. right to be informed of charges against oneself. right to be confronted with the witnesses against him or in his defense. |
| amendment 7 | trial by jury in common laws. o Right to jury trial o Right to jury of peers |
| amendment 8 | bail, cruel and unusual punishment. o No cruel and unusual punishment imposed o No excessive bail or fines imposed |
| amendment 9 | Rights retained by the people. o Not all specified – evoke in future o Right of privacy |
| amendment 10 | Reserved Powers of the states. o Powers not delegated to the US by the constitution, nor prohibited by it to the states, are reserved to states or to the people |
| civil liberties | the individual freedoms and rights guaranteed to every citizen in the bill of rights and due process clause of the 14th amendment, including freedom of speech and religion. - Freedom from the government interference with, or violation of, individual rights- - Can sometimes be a "negative" freedom because there is no government interference |
| civil rights | the constitutionally guaranteed rights that the government may not arbitrarily remove. Among these rights are that right to vote and equal protection under the law. - Freedom to exercise certain rights guaranteed to all US citizens under the Constitution and cannot be removed by the government - Known as "positive" freedom because government provides conditions under which rights can be exercised. |
| double standard | where civil liberties will be judicially protected, but in economic cases the court will defer to the legislature |
| incorporation | the process whereby the supreme court has found that bill of rights protections apply to the states |
| no incorporation | an approach in which the states would be bound only by the dictates of due process contained in the 14th amendment |
| total incorporation | an approach arguing taht the protections in the bill of rights were so funamental that all of them should be applied to the states by absorbing them into the due process clause of the 14th amendment |
| clear and present danger test | a free speech test allowing states to regulate only speech that has an immediate connection to an action the states are permitted to regulate |
| the 14th amendment | civil war amendment passed in 1868. Designed to free slaves and protect their rights at citizens. Protects rights against state infringements, defines citizenship, prohibits states from interfering with privileges and immunities, requires due process and equal protection, punishes states for denying vote, and disqualifies Confederate officials and debts |
| double jeopardy | trying a defendant twice for the same crime; banned by the 5th amendment |
| selective incorporation | an incorporation standard in which some portions of the bill of rights, but not all, were made part of the 14th amendment's due process clause, and guaranteed against invasion by the states |
| lemon test | a test from 1971 supreme court case lemon vs. kurtzman for determining the premissible level of state aid for church agencies by measuring its purpose on three counts: is it nonreligious in nature? does it either advance or inhibit religion? does it produce excessive entanglement of church and state? |
| secular regulation rule | rule denying any constitutional right to exemption on free exercise grounds from laws dealing with nonreligious matters |
| least restrictive means test | a free-exercise-of-religion test in which the state was asked to find another way, perhaps through exemptions, to enforce its regulations while protecting all other religions |
| hate speech | speech or symbolic actions intended to inflict emotional distress, to defame, or to intimidate people |
| symbolic speech | some actions, such as burning the american flag, that take the place of speech because they communicate a message |
| fighting words | certain expressions so volatile that they are deemed to incite injury and are therefore not protected under the first amendment |
| prior restraint | (censorship) an action in which the government seeks to ban the publication of controversial material by the press before it is published. |
| subsequent punishment | laws that would punish someone for an action after it has taken place. for example: laws such as those banning libel and obscenity because they are harmful to reputations or public sensibilities punish writers, editors, and publishers after an item appears in print |
| slander | speech that is untruthful, malicious, or damaging to a person's reputation or good name and thus not protected by the free speech clause of the first amendment |
| libel | published material that damages a person's reputation or good name in an untruthful and malicious way. not protected by the first amendment |
| exclusionary rule | rule whereby evidence gathered by illegal means, and any other evidence gather as a result, cannot be used in later trials |
| probable cause | a reasonable belief that a crime has been, is being, or is about to be committed. searches also require a belief that evidence of that crime may be located in a particular place. police must establish this to a judge to secure a search warrant or retroactively justify a search that has already taken place. |
| miranda warning | a warning that must be recited by police officers to a suspect before questions "you have to remain silent; anything you say can and will eb used against you. you have the right to an attorney, or one will be provided for you. do you understand these rights and are you willing to speak with us?" established in miranda vs. arizona in 1966 |
| united states vs. carolene | trail dealing with congress's regulation of "filled milk": the amount of additives added to milk to make the product more profitable to sell during the depression |
| high wall of separation | Originated by James Madison, who was reacting to the fact that half the colonies had adopted laws that provided support for religious institutions and practices . Called for strict separation between church and state |
| government accommodation | Government would be allowed to assist religion, but only if the aid was indirect available to all other groups, and religiously neutral. |
| strict governmental neutrality rule | in which a state is barred from doing anything that either advanced or inhibited religion |
| slide-scale test | in which a state needed to prove less about the probable results of speech if the potential threat involved was significant enough |
| pentagon papers | 1971, a history of the united states decision-making process on vietnam policy |
| variable obscenity test | in which the definition of obscenity changed according to the circumstances of the material's use or sale. judged obscene if thrust upon "captive audience" |
| fruit of the poisonous tree | legal metaphor in the US used to describe evidence gathered with aid of information obtained illegally. |
| good faith exception | evidence that once could have been exculded could now be allowed if the court was persuaded through "reasonably objective" criteria that the policed the search to be valid. watering down effect on exclusionary rule. |
| removable automobile exception | allowed under the fourth amendment that an officer can search a car without a warrant stating it was "reasonable" |
| pat down search | when a police officers searches a person |
| stop and frisk exception | case in which the police detain a person and conduct a pat-down search of that person's outer clothing without a warrant or an arrest, basing their action on observed. |
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