Civil Liberties
Those rights of the people that are protected by the Bill of Rights
Civil Rights
The application of equal protection under the law to individuals.
Bill of Rights
Adopted in 1791 by the states two years after the ratification of the Constitution, it established the basis of civil liberties for Americans.
9th 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.
10th Amendment
Part of the Bill of Rights that reiterates powers not delegated to the national government are reserved to the states or to the people.
Due Process Clause
Clause contained in the Fifth and Fourteenth Amendments. Over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action.
Substantive Due Process
Judicial interpretation of the Fifth and Fourteenth Amendments' due process clause that protects citizens from arbitrary or unjust laws
Incorporation Doctrine
An interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments also guarantee those 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 Fourteenth Amendment
Fundamental Freedoms
Those rights defined by the Court to be essential to order, liberty, and justice
1st Amendment
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 freedom of religion, speech, press, assembly, and petition.
Establishment Clause
The first clause in the First Amendment; it prohibits the national religion.
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.
Prior Restraint
Constitutional doctrine that prevents government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment.
Writ of Habeas Corpus
a writ requiring a person to be brought before a judge or court, especially for investigation of a restraint of the person's liberty, used as a protection against illegal imprisonment.
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" t
Direct Incitement Test
A test articulated by the Supreme Court in Brandenburg v. Ohio that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.
Symbolic Speech
Symbols, signs, and other methods of expression generally also considered to be protected by the First Amendment.
Libel
False written statements or written statements tending to call someone's reputation into disrepute.
Slander
Untrue spoken statements that defame the character of a person.
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.
Fighting Words
Words that, "by their utterance inflict injury or tend to incite and immediate breach of peace." Fighting words are not subject to the restrictions of the First Amendment.
Due Process Rights
Procedural guarantees provided by the Fourth, Fifth, Sixth, and Eighth Amendments for those accused of crimes.
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 of persons suspected of committing a crime. It provides for the indictment by a grand jury, protection against self-incrimination, and
Miranda v. Arizona (1966)
A landmark Supreme Court ruling that held the Fifth 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 Fifth Amendment, including the right to an attorney provided by the court if the suspect cannot afford one.
Double Jeopardy Clause
Part of the Fifth Amendment that protects individuals from being tried twice for the same offense.
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 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 the c
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 doctrine encompassing an individual's decision to use birth control or secure an abortion.
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.