AP US Government: Civil Liberties

Bill of Rights

the first ten amendments to the Constitution.

Civil Liberties

legal and constitutional protections against government infringement of political liberties and criminal rights.

Eighth Amendment

forbids cruel and unusual punishment, although it does not define this phrase.

Establishment clause

First Amendment prohibits government from establishing a religion; is the basis for separation of church and state.

Exclusionary rule

prohibits government from including illegally obtained evidence in a trial.

Fifth Amendment

prohibits government from forcing individuals to testify against themselves.

First Amendment

establishes freedom of religion, press, speech, and assembly.

Fourteenth Amendment

prohibits states from denying equal protection of the laws.

Free exercise clause

government is prohibited in the First Amendment from interfering in the practice of religion.

Selective Incorporation Doctrine

legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.

Libel

publication of false or malicious statements that damage someone's reputation.

Prior restraint

government instrument to prevent material from being published.

Probable cause

police must have a good reason to arrest someone.

Right to privacy

a contrived right from unstated liberties in the Bill of Rights.

Self-incrimination

testifying against oneself.

Sixth Amendment

designed to protect individuals accused of crimes; includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Symbolic Speech

political actions instead of words.

Unreasonable searches and seizures

obtaining evidence without a good reason.

Engel v. Vitale (1962)

Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; example of Warren Court's judicial activism.

Gideon v. Wainwright (1963)

In this ruling, the Supreme Court unanimously agreed and said that in the courtroom, lawyers were "necessities, not luxuries."

Roe v. Wade (1973)

A woman's right to privacy prevents states from barring her from having an abortion during the first trimester of pregnancy. States can impose reasonable regulations on abortions during the second trimester and can prohibit abortions under most circumstances in the third trimester

Schenck v. United States (1919)

(1919) case in which the Supreme Court interpreted the First Amendment to allow Congress to restrict speech that is "of such a nature as to create a clear and present danger that will bring about the substantive evils that Congress has a right to prevent."

Lemon v. Kurtzman (1971) - the "lemon test"

Allowed states to provide textbooks and busing to students attending private religious schools. Established 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government.

Miranda v. Arizona (1966)

The Supreme Court, in a 5-4 decision written by Chief Justice Earl Warren, ruled that it is the police duty to give warnings compelled by the Constitution's Fifth Amendment, which gives a criminal suspect the right to refuse "to be a witness against himself," and Sixth Amendment, which guarantees criminal defendants the right to an attorney.

McDonald v. Chicago

SCOTUS ruling that incorporated the 2nd Amendment right to bear arms to the states

New York Times v. US

Prior Restraint. Overruled Nixon's attempt to prevent publication of Vietnam documents