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Pols 021 Chapter 4

Terms in this set (33)

Civil Liberties
Basic political freedoms that protect citizens from governmental abuse of power
-basic freedoms and liberties
-rooted in the bill of rights the "due process" protection of the fourteenth amendment
-Primarily restrict what government can do to you (Congress shall make no law... Abridging freedom of speech)
Civil Rights
-Protection from discrimination
-rooted in laws and the "equal protection" clause of the fourteenth amendment
-protects you from discrimination both by the government and by individuals
First Amendment
-Freedom of religion
-speech
-press
-assembly
-separation of church and state
-right to petition the government
Second Amendment
Right to bear arms
Third Amendment
Protection against forced quartering of troops in ones home
Fourth Amendment
Protection from unreasonable searches and seizures; requirement of probable cause for search warrants
Fifth Amendment
-Protection against forced self incrimination or double jeopardy (being tried twice for the same crime)
-No person can be deprived of life, liberty or property without due process of law
-Private property cannot be taken for public use without just compensation
-no person can be tried for a serious without indictment from a grand jury
Sixth Amendment
-Right of the accused to a speedy and public trial by an imperial jury
-to an attorney
-to a compulsory process of for obtaining witnesses in his or her favor
-and to counsel in all felony cases
Seventh Amendment
Right to a trial by jury in civil cases involving common law (precedent)
Eight Amendment
-Protection from excessive bail
-excessive fines
-cruel and unusual punishment
Ninth Amendment
The enumeration of specific rights in the Constitution shall not be construed to deny other rights retained by the people.
Tenth Amendment
Powers not delegated by the Constitution to the national government, nor prohibited by it the states, are reserved to the states and the people
Due Process Clause
Part of the Fourteenth Amendment that forbids states from denying "life, liberty or property" to any person without due process of law.
Civil War Amendments
-Thirteenth amendment
-fourteenth amendment
-fifteenth amendment
Thirteenth Amendment
Abolished slavery
Fourteenth Amendment
equal protection of the laws
Fifteenth Amendment
Allowed Black Americans to vote
Selective Incorporation
The process through which the civil liberties granted in the Bill of Rights were applied to the states on a case by case basis through the 14th Amendment
Establishment Clause
Part of the 1st Amendment that states "Congress shall make no law respecting an establishment of religion" which has been interpreted to mean that Congress cannot sponsor or favor any religion
Free Exercise Clause
Part of the 1st Amendment that states that Congress cannot prohibit or interfere with the practice of religion.
Strict Scrutiny
The highest level of scrutiny the courts can use when determining whether a law is constitutional. To meet this standard the law or policy must be shown to serve a:
-Compelling state interest of goal
-Must be narrowly tailored to meet that goal
-Must be the least restrictive means of achieving that goal
Under Strict Scrutiny
Intermediate Scrutiny
The middle level of scrutiny the courts can use when determining whether a law is constitutional.
-must be content neutral
-must further an important government interest in a way that is substantially related to that interest
-must use means that are a close fit to the governments goal and not substantially broader than is necessary to accomplish that goal.
Clear and Present Danger Test
-Established in Shenck v. United States
-allows the government to restrict certain types of speech deemed dangerous
Direct Incitement Test
-Established in Brandenburg v. Ohio
-this test protects threatening speech under the 1st Amendment
-unless that speech aims to and is likely to cause imminent lawless action
Symbolic Speech
Non-verbal expression such as the use of signs or symbols. Benefits from many of the same protections as verbal speech
Hate Speech
Expression that is offensive or abusive, particularly in terms of race, gender or sexual orientation. Protected under first amendment
Prior Restraint
A limit on freedom of press that allows the government to prohibit the media from publishing certain materials
Fighting Words
Forms of expression that by their very utterance can incite violence. Can be regulated but are often hard to define
Due Process Rights
-The idea that laws and legal proceedings must be fair. -The Constitution guarantees that the government cannot take away a persons life, liberty or property without due process of law.
-protection from self self incrimination
-freedom from illegal searches
Exclusionary Rule
The principle that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial
Miranda Rights
The list of civil liberties described in the Fifth Amendment that must be read to a suspect before anything the suspect says can be used in a trial.
Double Jeopordy
-Being tried for the same crime twice
-illegal
-protected against in the 5th
Privacy Rights
-Liberties protected by several amendments in the bill of rights that shield certain personal aspects of citizens lives from governmental interference
-4th amendment protection against unreasonable searches and seizures
THIS SET IS OFTEN IN FOLDERS WITH...