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American Government: Roots and Reform - Chapter Five
Terms in this set (34)
The personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.
The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.
Bill of Rights
The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties.
Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that other do not exist.
The final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people.
Due Process Clause
Clause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee a variety of rights to individuals.
Substantive Due Process
Judicial interpretation of the Fifth and Fourteenth Amendments' due process clauses that protects citizens from arbitrary or unjust state or federal laws.
An interpretation of the Constitution holding that due process clause of the Fourteenth Amendment requires state and local governments to guarantee the rights states in the Bill of Rights.
A judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the state via the Fourteenth Amendment.
Those rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review.
Part of the Bill of Rights that imposes a number of restrictioons on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition.
The first clause of the First Amendment, it directs the national government not to sanction an official religion.
Free Exercise Clause
The second clause of the First Amendment it prohibits the U.S. government from interfering with a citizen's right to practice his or her religion.
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment.
Clear and Present Danger Test
Test articulated by the Supreme Court in Schenck v. U.S. (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."
Direct Incitement Test
Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) holding that the First Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur.
Symbols, signs, and other methods of expression generally considered to be protected by the First Amendment.
False written statement that defames a person's character.
Untrue spoken statements that defame the character of a person.
New York Times Co. v. Sullivan
(1964) Case in which the Supreme Court concluded that "actual malice" must be proven to support a finding of libel against a public figure.
Words that "by their very utterance inflict injury or tend to incite an immediate breach of peace." Fighting words are not subject to restriction of the First Amendment."
Writs of Habeas Corpus
Petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government's case does not persuade the judge. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them.
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 particularly describing the place to be searched, and the persons or things to be seized."
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 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 just compensation.
Miranda v. Arizona
(1966) A landmark Supreme Court ruling holding that the Fifth Amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have counsel present.
Statements required of police that inform a suspect of his or her constitutional rights protected by the fifth amendment, including the right to an attorney provided by the court if the suspect cannot afford one.
Bill of Attainder
A law declaring an act illegal without a judicial trial.
Ex Post Facto Law
Law that makes an act punishable as a crime even if the action was legal at the time it was committed.
Double Jeopardy Clause
Part of the Fifth Amendment that protects individuals from being tried twice for the same offense in the same jurisdiction.
Judicially created rule that prohibits police from using illegally seized evidence at trial.
Part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials, 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.
Part of the Bill of Rights that states:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Right to Privacy
The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the First, Third, Fourth, Ninth, and Fourteenth Amendments.
Roe v. Wade
The Supreme Court found that a woman's rights to an 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 Fourteenth Amendment.