Chapter 4 Bill of Rights

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.