PSCI CH 5

Specific limitations on government powers regarding individual freedoms.

Civil Liberties

The right to equal treatment under the law.

Civil Rights

The first ten amendments to the US Constitution protecting individual rights.

Bill of Rights

The process by which the Bill of Rights is applied to the states through the 14th Amendment.

Nationalizing the Bill of Rights

A doctrine that restricts states from infringing on the rights of citizens enshrined in the Bill of Rights, applied case by case.

Selective Incorporation

A Supreme Court case that ruled the Bill of Rights does not apply to the states.

Barron v. Baltimore (1833)

The clause in the 14th Amendment that is the basis for selective incorporation.

14th Amendment Equal Protection Clause

A legal test to determine when speech can be limited based on the potential for immediate harm.

Clear and Present Danger Doctrine

The legal doctrine that prevents the government from censoring the press before publication.

Prior Restraint Doctrine

A standard that determines when speech advocating lawlessness can be restricted.

Incitement Test

A high standard used by the Supreme Court to protect speech advocating illegal conduct unless it incites imminent lawless action.

Brandenburg Test

A legal principle that prohibits the use of illegally obtained evidence in a court of law.

Exclusionary Rule

The requirement for police to inform suspects of their rights during an arrest, established in Miranda v. Arizona.

Miranda Rule

A three-pronged test to evaluate if a law violates the Establishment Clause.

Lemon Test

Protects against unreasonable searches and seizures.

Fourth Amendment

Provides protection against self-incrimination and double jeopardy.

Fifth Amendment

Guarantees the right to counsel and a fair jury trial.

Sixth Amendment

Prohibits cruel and unusual punishment, including certain practices in capital punishment.

Eighth Amendment

A right inferred from various amendments that protects individual autonomy in personal choices.

Right to Privacy

A Supreme Court case that ruled the state's ban on contraceptives violated the right to privacy.

Griswold v. Connecticut (1965)

A landmark Supreme Court decision establishing a woman's legal right to have an abortion under the right to privacy.

Roe v. Wade (1973)

A Supreme Court case that overturned Roe v. Wade, affecting the interpretation of privacy rights.

Dobbs v. Jackson Women's Health Organization (2022)