civil liberties
the personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation
civil rights
the government protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals
Bill of Rights
the first ten amendments to the US Constitution, which largely guarantee specific rights and liberties
9th amendment
part of the Bill of Rights that makes it clear that enumerating rights in the constitution or bill of rights does not mean that others do not exist
10th amendment
the final part of the bill of rights that defines the basic principle of american federalism in stating that the powers not delegated to the national government are reserved to the states or to the people
due process clause
clause contained in the 5th and 14th amendments; over the years, it has been construed to guarantee to individuals a variety of rights
substantive due process
judicial interpretation of the 5th and 14th amendments due process clauses that protects citizens from arbitrary or unjust state or federal laws
incorporation doctrine
an interpretation of the constitution that holds that the due process clause of the 14th amendment requires that state and local governments must also guarantee the rights stated in the bill of rights
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 14th amendment
fundamental freedoms
those rights defined by the court to be essential to order, liberty and justice and therefore entitled to the highest standard of review
1st amendment
part of the bill of rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition
establishment clause
the first clause of the 1st amendment; it directs the national government not to sanction an official religion.
free exercise clause
the second clause of the 1st amendment; it prohibits the US government from interfering with a citizen's right to practice his or her religion
Lemon test
three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues
prior restraint
constitutional doctrine that prevents the government from prohibiting speech of publication before the fact; generally held to be in violation of the 1st amendment
clear and present danger test
test articulated by the Supreme Court in Schenck v. US (1919) 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
direct incitement test
test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the 1st amendment unless imminent lawless action is intended and likely to occur
symbolic speech
symbols, signs, and other methods of expression generally considered to be protected by the 1st amendment
libel
written statement that defames a person's character
slander
untrue spoken statements that defame the character of a person
New York Times co. v. Sullivan (1964)
case in which the Supreme Court concluded that "actual malice" must be proven to support a finding of libel against a public figure
fighting words
words that, "by their very utterance inflict injury or tend to incite an immediate breach of peace." Fighting words are not subject to the restrictions of the 1st amendment
writs of habeas corpus
court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allow the prisoner to be freed if the judge is not persuaded by the government's case. Habeas corpus rights imply that prisoners have a right to kn
ex post facto law
law that makes an act punishable as a crime even if the action was legal at the time it was committed
bill of attainder
a law declaring an act illegal without a judicial trial
4th 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
5th 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 pre
Miranda v. Arizona (1966)
a landmark Supreme Court ruling that held the 5th amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present
Miranda rights
statements that must be made by the police informing a suspect of his or her constitutional rights protected by the 5th amendment, including the right to an attorney provided by the court if the suspect cannot afford one
double jeopardy clause
part of the 5th amendment that protects individuals from being tried twice for the same offense in the same jurisdiction
exclusionary rule
judicially created rule that prohibits police from using illegally seized evidence at trial
6th 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 crime was committed, notice of t
8th 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.
right to privacy
the right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the 1st, 3rd, 4th, 9th, and 14th amendments
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 14th amendment
According to the Supreme Court's decision in Barron v. Baltimore
the states were not required to ensure the civil liberties listed in the Bill of Rights
What was the Supreme Court's decision in Gitlow v. New York?
States must abide by the 1st amendment's guarantee of freedom of speech and the press
Which right has not been incorporated?
no excessive fines or bail
Which of the following freedoms is absolute and cannot be limited by government?
freedom to believe
The establishment clause
prohibits the adoption of an official national religion
According to the Lemon test, a law that involves government support of a religious activity is constitutional if it
does not foster excessive government entanglement with religion, has a secular purpose, does not advance religion, does not inhibit religion
D.C. v. Heller
forced the District of Columbia to lift its gun ban
Where secular law conflicts with religious beliefs, freedom of religion is
sometimes denied
The process by which the Supreme Court has chosen to apply the specific guarantees in the Bill of Rights to the states is called
selective incorporation
The Supreme Court ruled that
the use of hallucinogenic tea for religious purposes was permissible
During the Civil War, Lincoln suspended the writ of habeas corpus, which normally provides what right?
The right to a court determination that you are being held lawfully
In Schenck v. US (1919), the Supreme Court ruled that Congress could ban certain types of speech if they constituted
a clear and present danger to society
Under the direct incitement test, advocacy of an illegal action can be prosecuted
only if that advocacy is intended and likely to lead to a criminal act
Which case established the precedent of "actual malice" for prosecution of libel?
NY Times v. Sullivan
In ____ The Supreme Court ruled that material can only be considered obscene if it is utterly without redeeming social importance
Roth v. US
In Chaplinsky v. New Hampshire, the Supreme Court ruled ____ was/were not protected by the 1st amendment.
fighting words
In Miller v. California (1973), the Supreme Court concluded that material was obscene if it
lacks literary, artistic, political, or scientific value
Which of the following is not an enumerated 1st amendment freedom?
privacy
Without a warrant, police are allowed to search all but which of the following?
the trunk and glove box of a car
A warrentless search is permissible if
consent is given
Griswold v. Connecticut involved
birth control
According to the Supreme Court, which of the following groups can be forced to undergo drug tests?
high school athletes
The standard that illegally seized evidence cannot be used at trial is known as the
exclusionary rule
In which case did the Supreme Court rule that lawyers in criminal cases are necessities, not luxuries?
Gideon v. Wainwright
The USA Patriot Act allows
searching library records, searching medical records, searching private property without notice, foreign intelligence collection