chapter 5 civil liberties

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chapter 5 civil liberties
2012-12-22 19:03:25
ap government

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  1. bill of rights
    the first ten amendments to the U.S contitution which largely guarenteed specific rights and liberties
  2. civil liberties
    the personal guarentees and freedoms that the federal govenrment can not abridge by law, constitution, or judicial interpretation
  3. civil rights
     the govenments protected rights of individuals against arbituary por discrminator treatment
  4. Clear and Present Danger Test
    test articulated by the Supreme Court in Schenck v. U.S. 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”
  5. Direct Incitement Test:
     test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds the advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur
  6. Due Process Clause
    clause contained in the Fifth and Fourteenth amendments.  Over the years, it has been construed to guarantee individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action.  The significance is that it's language suggested the possibility that some or even all of the protections guaranteed in the Bill of Rights might be interpreted to prevent state infringement of those rights
  7. Due Process Rights
    procedural guarantees provided by the Fourth, Fifth, Sixth, and Eighth Amendments for those accused of crimes
  8. Eighth Amendment
     part of the Bill of Rights that states: “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
  9. Establishment Clause
     the first clause in the First Amendment; it provides the national government from establishing a national religion
  10. Exclusionary Rule
    judicially created rule that prohibits the police from using illegally seized evidence at a trial
  11. Fifth Amendment
    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 a 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 fair compensation
  12. fighting words
    words that " by their vary utterance inflict injury or tend to incite and immediate breach of peace". fightng words are not subject to the restrcition of the first ammendment
  13. First Amendment (Five Freedoms):
    part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including the freedom of religion, speech, press, assembly, and petition
  14. Fourth Amendment
    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.”
  15. 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
  16. fundamental freedoms
    those rights defined by the court to be essential to order ,liberty, and justice
  17. incorpartion doctorine
     an interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments
  18. libel
     false written statements or written statements tending to call someone's reputation into disrepute
  19. miranda v arizona
    a landmark supreme court ruling that held th 5th ammendement requires that individuals arrested for a crime must be advised of their rights to remain silent and to have console present
  20. miranda rights
    statements that must be mde by the police informing a suspect of his or her constitional rights protected by the 5th amendment including the right to the attorney provided if you can not afford it.
  21. New York Times Co. v. Sullivan (1964):
    The Supreme Court concluded that “actual malice” must be proved to support a finding of libel against a public figure
  22. Ninth Amendment
     part of the Bill of Rights that reads “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
  23. prior restraint
     constitutional doctrine that prevents the government from prohibiting speech of publication before the fact; generally held to be in violation of the First Amendment
  24. the right to privacy
     the right to be let alone; a judicially created doctrine encompassing an individuals decision to use birth control or secure an abortion
  25. Roe v. Wade (1973):
     the Supreme Court found that a woman's right 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
  26. Selective Incorporation
    a judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth
  27. Sixth Amendment
    part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials.  These include speedy and public 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
  28. slander
    untrue spoken statements that defame the character of a person
  29. substantive due process
    judicial intrepretation of the 5th and 14th ammendent due process clause that protects citizens from arbituary or unjust laws
  30. symbolic speech
    symbols, signs, and other methods of expression generally also considered to be protected by the First Amendment