1st amendment
freedom of speech, press, religion, petition and assembly
2nd amendment
right to bear arms, well regulated militia
3rd amendment
can't be forced to quarter soldiers in peacetime
5th amendment
innocent until proven guilty, double jeopardy, self-incrimination, due process limits eminent domain
6th amendment
told what you're going to be charged for, public and speedy trial, an impartial jury, hear/question witnesses, entitled to have a lawyer, call witness in defense.
7th amendment
may have jury in civil cases suing above $20, settled by judge if both sides agree.
8th amendment
punishments will be not be cruel and unusual. no excessive bail.
9th amendment
citizens have rights beyond the constitution
10th amendment
powers not given to the federal government belongs to the states and the people.
13th amendment
bans slavery
14th amendment
citizenship for people born or naturalized in the U.S., can't deny due process or equal protection under the law. ties into incorporation doctrine
15th amendment
voting rights for all race
19th amendment
women can vote
23rd amendment
d.c. electoral votes
24th amendment
no poll taxes for federal elections
26th amendment
18 year olds are allowed to vote
censorship
banning printed material/films because they contain alarming or offensive ideas, limits 1st amendment.
petition
formal request
slander
untrue SPOKEN statements that ruins a person's reputation
libel
untrue WRITTEN statements that ruins a person's reputation
search warrant
court order that allows law enforcement to search homes/businesses and take evidence
indictment
formal charge by grand jury
grand jury
group of citizens who view evidence of the accused and decide whether to indite you by it.
double jeopardy
cannot be charged for the same crime twice
due process
all legal things your entitled to in court (lawyer, jury, trial)
eminent domain
the government can take property from you if they compensate you for it and it's for public use.
bail
A sum of money used as a security deposit to ensure that an accused person who is released from jail returns to his or her trial
suffrage
right to vote
poll tax
A fee that had to be paid in order to vote.
civil liberties
personal guarantees and freedoms government cannot abridge by law, constitution or judicial interpertation
civil rights
government protected right of individuals
incorporation doctrine
The due process clause requires state and local governments to guarantee the rights stated in the bill of rights. (14th)
selective incorporation
about the ability of the federal government to limit the states' lawmaking powers
establishment clause
not to sanction an official religion. divide church and state
free exercise clause
Prohibits the US government from interfering with a citizens right to practice his or her religion.
lemon test
see if the government is violating your right of religion
A practice was constitutional if
1.) had a legitimate secular purpose
2.) neither advanced nor inhibited religion
3.) did not foster an excessive government engagement with religion.
clear and present danger test
Draws the line between protected and unprotected speech, court looks to see if the words used could create present danger.
direct incitement test
directly telling someone to commit a crime or harm another. Protects support of illegal action unless near lawless action is intended and likely to occur.
limiting prior restraint
cannot punish you publishing something before you do it.
symbolic speech
symbols, signs, and other methods of expression
writ of habeas corpus
can't arrest and not charge you. you also get to know what charges are being made against you
ex post facto laws
law that makes an act punishable as a crime even if the action was legal at the time it was committed. you cannot punish someone who did something that was legal at the time
bill of attainder
a law declaring an act illegal without judicial trial
exclusionary rule
cannot use illegally found evidence
due process clause
everyone is entitled to due process
17th amendment
Members of the House of Representatives shall be elected by the people. Allows voters to elect senators directly.
4th amendment
Protects us against unreasonable searches and seizures.