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Bill of Rights
The first ten amendments to the US Constitution, which largely guarantee specific rights and liberties.
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.
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 brig about substantive “evils” that Congress seeks “to prevent.”
double jeopardy clause
Part of the 5th amendment that protects individuals from being tried twice for the same offense in the same jurisdiction.
due process rights/clause
Protections drawn from the 4th amendment and the bill of rights. Due process may be procedural, ensuring fair treatment, or substantive, protecting fundamental rights.
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.”
Establishment Clause
The first clause of the 1st amendment; it directs the national government not to sanction an official religion.
exclusionary rule
Judicially created rule that prohibits police from using illegally seized evidence at trial
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.
4th amendment
Part of the Bill of Rights that protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant from a judge.
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 prevents the national government from denying a person life, liberty, or property without the due process of law. It also prevents the national government from taking property without just compensation.
affirmative action
policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group
Civil Rights Act of 1964
Wide-ranging legislation passed by Congress to outlaw segregation in public facilities and discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission.
Equal Protection Clause
Section of the 14th amendment that guarantees that all citizens receive “equal protection of the laws.”
Equal Rights Amendment (ERA)
Proposed amendment to the Constitution that states “Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex.”
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.
Incorporation Doctrine
An interpretation of the Constitution holding that the due process clause of the 14th amendment requires state and local governments to guarantee the rights stated in the Bill of Rights
libel
False written statement that defames a person’s character
Miranda rights/rule
Statements required of police that inform a suspect of his or her constitutional rights protected by the 5th amendment, including the right to an attorney provided by a court if the suspect cannot afford one.
prior restraint
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the 1st amendment
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.
selective incorporation
A judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the states via the 14th amendment.
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 the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the rights to counsel.
slander
Untrue spoken statements that defame the character of a person.
symbolic speech
Symbols, signs, and other methods of expression generally considered to be protected by the 1st amendment.
writ of habeas corpus
Petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government’s case does not persuade the judge. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them.
probable cause
where the police have reasonably trustworthy information sufficient to warrant a reasonable person to believe a particular person has committed or is committing an offense
15th amendment
One of three major amendments ratified after the Civil War; specifically enfranchised newly freed male slaves.
14th amendment
One of three major amendments ratified after the Civil War; guarantees equal protection and due process of the law to all US citizens.
National Organization for Women (NOW)
The leading activist group of the women’s rights movement, especially in the 1960s and 1970s.
poll tax
Taxes levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot.
unreasonable search and seizure
obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th amendment
search warrant
Document needed to search a suspects house, car, belongings, etc.
cruel and unusual punishment
Punishment prohibited by the Eighth Amendment to the Constitution; includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed.
defamation
the communication of a false statement that harms the reputation of an individual, business, product, group, government, religion, or nation.
obscenity
Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.
right to counsel
a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendants legal expenses.
slander
the public uttering of a false statement that harms the good reputation of another
speedy and public trial
protects a defendant from having a long delay between being arrested and facing trial; protected under the Sixth Amendment.
time, place, and manner regulations
Government regulations that place restrictions on free speech. These regulations, specifying when, where, and in what way speech is allowed, are applied when unrestricted free speech will conflict with the rights of others.
separate-but-equal doctrine
The central tenet of the Plessy v Ferguson decision that claimed that separate accommodations for blacks and whites did not violate the Constitution. This doctrine was used by Southern states to pass widespread discriminatory legislation at the end of the 19th century.
Title IX of the Education Amendments Act
provision of the education amendments of 1972 that bars educational institutions that receive federal funds from discriminating against female students.
social movement
a collective action taken by a group of people to tackle social problems.
Voting Rights Act of 1965
Empowered federal officials to ensure that citizens could vote. Empowered federal officials to count ballots. Prohibited states from changing voting procedures without federal permission.
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