Power Point Section 8 – Bill of Rights & Business Applications (Vocabulary Flashcards)

A set of vocabulary flashcards covering key terms and concepts from Section 8 of the notes on the Bill of Rights, specific amendments, and theories of constitutional interpretation.

Bill of Rights

First 10 amendments to the Constitution; protect individuals (and sometimes businesses) from government overreach; note that corporations do not always receive the same protections as individuals.

First Amendment

Prohibits Congress from abridging freedom of speech; protects unpopular speech; limits: speech inciting imminent lawless action is not protected (Brandenburg v. Ohio, 1969); includes protection for commercial speech (less than individuals).

Commercial Speech

Speech related to business; protected but to a lesser degree than individual speech; can be regulated to prevent misleading or harmful content (Central Hudson Gas & Electric v. Public Service Commission, 1980).

Brandenburg v. Ohio (1969)

Established that advocacy of violence or lawless action is protected unless it is imminently likely and intended to incite such action.

Central Hudson Gas v. Public Service Commission (1980)

Set forth that government can regulate truthful, non-misleading commercial speech to serve substantial government interests.

Fourth Amendment

Protects against unreasonable searches and seizures; warrants are generally required and must be issued by a judge based on probable cause; search scope limited to what the warrant permits.

Exclusionary Rule

Illegally obtained evidence cannot be used at trial ('fruit of the poisonous tree'); with exceptions to the warrant requirement.——

Exigent circumstances

Emergency situations allowing warrantless searches or seizures.

Consent searches

Searches conducted with voluntary consent."

Plain view doctrine

Evidence in plain view during a lawful observation can be seized without a warrant.

Searches incident to arrest

Warrantless searches allowed in connection with a lawful arrest.

Investigatory stops

Brief detentions permitted under reasonable suspicion for investigating potential criminal activity.

Welfare checks

Police checks to ensure someone's safety; may justify certain searches under some circumstances.

Fifth Amendment – Due Process Clause

Government must provide notice and opportunity to be heard before depriving life, liberty, or property.

Takings Clause

Government must pay just compensation for property taken for public use (Kelo v. City of New London).

Eminent Domain

Power of the government to take private property for public use.

Double Jeopardy

Cannot be tried twice for the same crime by the same sovereign.

Fourteenth Amendment – Equal Protection

States cannot deny equal protection of laws; people in similar situations must be treated equally.

Gender discrimination (intermediate scrutiny)

Sex-based classifications are reviewed under intermediate scrutiny, requiring substantial relation to an important government interest.

Racial discrimination (strict scrutiny)

Race-based classifications are reviewed under strict scrutiny, requiring a compelling government interest and narrowly tailored means.

Obergefell v. Hodges (2015)

SCOTUS decision legalized same-sex marriage nationwide using Equal Protection analysis.

Equal Protection Clause (General)

Core principle that laws must treat similarly situated people alike.

Originalism

Constitutional interpretation based on the original meaning/intent at the time of ratification.

Historical Theory

Interprets the Constitution by considering the broader context of the founding era.

Living Constitution

Constitution interpreted as flexible and adaptable to modern society.

Adaptable Constitution

Practical approach to applying constitutional principles to evolving needs.