| Term | Definition |
|---|
| Bill of Rights | the first ten amendments to the Constitution, which guarantee certain rights and liberties to the people |
| bills of attainder | laws that decree a person guilty of a crime without a trial |
| civil liberties | areas of personal freedom with which governments are constrained from interfering |
| "clear and present danger" test | test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society |
| double jeopardy | the Fifth Amendment right providing that a person cannot be tried twice for the same crime |
| due process of law | the right of every citizen against arbitrary action by national or state governments |
| eminent domain | the right of government to take private property for public use |
| establishment clause | the First Amendment clause that says that "Congress shall make no law respecting an establishment of religion." This law means that a "wall of separation" exists between church and state |
| ex post facto laws | laws that declare an action to be illegal after it has been committed |
| exclusionary rule | the ability of courts to exclude evidence obtained in violation of the Fourth Amendment |
| free exercise clause | the First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses |
| grand jury | jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence |
| habeas corpus | a court order demanding that an individual in custody be brought into court and shown the cause for detention |
| Lemon test | a rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, does not lead to "excessive entanglement" with religion, and neither promotes nor inhibits the practice of religion |
| libel | a written statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory" |
| Miranda rule | the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel |
| prior restraint | an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances |
| right to privacy | the right to be let alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions |
| selective incorporation | the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national government |
| slander | an oral statement, made in "reckless disregard of the truth," which is considered damaging to the victim because it is "malicious, scandalous, and defamatory" |
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