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AP Gov Ch 15 Terms
Terms in this set (45)
bill of attainder
A government decree that a person is guilty of a crime that carries the death penalty, rendered without the benefit of a trial.
Bill of Rights
The first 10 amendments to the US constitution, concerned with the basic protection of civil liberties.
Any crime in which death is the possible penalty.
Freedoms found primarily in the Bill of Rights that are protected from government interference.
clear and present danger
what the government must show to prevent freedom of speech
Communications Decency Act (1996)
First attempts at regulating obscenity and indecency on the internet; large portions overturned. Made it a crime to transmit over the Internet or to allow the transmission of indecent materials to which minors might have access.
prohibits states from passing any law "impairing the obligations of contracts"
District of Columbia v. Heller (2008)
Incorporated the Second Amendment in state law. Said that the District of Columbia's gun control law was unconstitutional and that the Second Amendment protects the fundamental right of individuals to own guns.
due process clause
Section of the Fourteenth Amendment that prohibits states from depriving anyone of life, liberty, or property "without due process of law," a guarantee against arbitrary or unfair government action.
The right to own and use property free from excessive government interference.
equal protection clause
Section of the Fourteenth Amendment that provides equal protection of the laws to all citizens.
part of the First Amendment to the constitution that prohibits Congress from establishing an official religion; the basis for the doctrine of separation of church and state
a standard promulgated by the Supreme Court that prevents police and prosecutors from using evidence against a defendant that was obtained in an illegal search
ex post facto law
a law that retroactively declares some action illegal
free exercise clause
portion of the first amendment to the constitution that prohibits congress from impeding religious observance or impinging upon religious beliefs
full faith and credit clause
provides that states must respect the public acts, laws, and judicial rulings of other states
Furman v. Georgia (1972)
a split court found that the death penalty, as used in the states, constituted "cruel and unusual punishment" because the procedures by which states were sentencing people to death sentences were, in its words, "capricious and arbitrary"
Gideon v. Wainwright (1963)
ruled that defendants accused of any felony in state jurisdictions are entitled to a lawyer and that the states must supply a lawyer when a defendant cannot afford to do so
Gitlow v. New York (1925)
Incorporated freedom of speech into the Bill of Rights, New York state bound by the first amendment.
good faith exception
prosecutors may introduce evidence obtained illegally if they can show that the police had relied on a warrant that appeared valid but later appeared invalid
a legal test falling between ordinary and strict scrutiny relevant to issues of gender; under this test, the Supreme Court will allow gender classifications in laws if they are substantially related to an important government objective
The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
Mapp v. Ohio (1961)
extended exclusionary rule to the states
Miranda v. Arizona (1966)
all defendants must be informed of legal rights before they are arrested
process by which provisions of the Bill of Rights become incorporated.
the representation of sexually explicit material in a manner that violates community standards and is without redeeming social importance or value
assumption that the actions of elected bodies and officials are legal under the Constitution
A controversial law overwhelmingly passed by Congress in October 2001, after the terrorist attacks of September 11 on the World Trade Center and the Pentagon. It greatly expanded the power of federal law enforcement authorities to move against suspected terrorists.
government censorship of information before it is published or broadcast
legal doctrine that refers to a reasonable belief that a crime has been committed
privileges and immunities clause
citizens from out of state have the same legal rights as local citizens in any state
retroactive probable cause
advocated in Murray v. US. Allowed prosecutors to use evidence obtained from illegal searches if other evidence unrelated to the illegal evidence would have justified a search warrant.
right to privacy
The right to a private personal life free from the intrusion of government. Nowhere mentioned in any of the Amendments of the Bill of Rights.
Griswold v. Connecticutt (1965)
Ruled that a constitutional right to privacy exists when it struct down laws making birth control illegal.
supreme court's method of gradually applying the Bill of rights to the states
separate but equal doctrine
articulated in Plessy v. Ferguson that laws prescribing separate public facilities and services for nonwhite Americans are permissible if the facilities are equal to those provided for whites
The doctrine that the provisions of the Constitution have a clear meaning and that judges must stick closely to this meaning when rendering decisions.
Texas v. Johnson
Court ruled that flag burning falls under the free expression protections of the Constitution unless imminent or violence is likely. (flag burning)
person who is arrested must have a timely hearing before a judge
Hamdi v. Rumsfeld (2004)
both foreigners and American citizens detained as "enemy combatants" have a right to have a hearing to contest the basis of their detentions
process by which the supreme court has made most of the provisions of the bill of rights binding on the states
exception to the exclusionary rule that allows the use of illegally obtained evidence at trial if the court determines that the evidence would eventually have been found by legal means
unreasonable searches and seizures
obtaining evidence in a haphazard or random manner, a practice prohibited by the fourth amendment. Probable cause and/or a search warrant are required for a legal and proper search for a legal and proper search for and seizure of incriminating evidence.
United States v. Carolene Products Company
set the legal standards for the Court for Constitutional interpretation to incorporate the Bill of Rights
an interrogation technique in which water is forced into a detainee's mouth and nose so as to induce the sensation of drowning. forbidden by the Detainee Treatment Act of 2005
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