Quiz Review: Chapter 5 Bill of Rights and Civil Liberties

Vocabulary and key concept flashcards covering Chapter 5: Bill of Rights and Civil Liberties, including essential legal terminology, constitutional amendments, and landmark Supreme Court decisions.

Prior restraint

An attempt by government to prevent the publication or broadcast of material considered harmful.

Civil liberties

Basic freedoms and protections that are guaranteed under the Constitution that citizens have from government interference, such as freedom of speech, freedom of religion, the press, the right to bear arms, and a fair trial.

Civil rights

Guarantees of equal rights and equal treatment under the law, regardless of race, gender, religion, or other personal characteristics (e.g., voting rights, fair housing, equal employment opportunities, and access to public accommodations).

Slander

Orally spreading false information about someone with the intent to cause harm.

Libel

Publishing false information about someone with the intent to cause harm.

Probable cause

Reasonable suspicion of criminal behavior.

Double jeopardy

The prosecution of a person a second time for a crime for which the defendant has already been tried once and found not guilty.

Incorporation

The process by which the Supreme Court applies the Bill of Rights to the states through the Due Process Clause of the 14th Amendment.

Bail

Money given over to a court in exchange for a criminal suspect's release from jail until his or her trial begins.

Self-incrimination

Statements, usually made under oath, suggesting that the person speaking is guilty of a crime.

Bill of Rights

The first ten amendments to the U.S. Constitution, ratified in 1791.

Eminent domain

The right of a government or its agent to expropriate private property for public use, with payment of compensation.

Due process

A course of formal proceedings (such as legal proceedings) carried out regularly and in accordance with established rules and principles, found in the 5th and 14th Amendments.

Free Exercise Clause

The First Amendment provision stating that 'Congress shall make no law … prohibiting the free exercise' of religion.

Establishment Clause

The First Amendment provision that prohibits the establishment of religion by Congress.

Symbolic speech

Conduct that conveys a message without spoken words.

The Supreme Court

The body that has interpreted the language of the Bill of Rights.

Marbury v. Madison

The landmark Supreme Court case that established the power of judicial review.

Precedent

An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Clear and present danger test

The 'balancing test' of free speech limitations that came out of Schenck v. United.

Snyder v. Phelps (2011)

Supreme Court case ruling that the First Amendment protects offensive public speech, holding that members of the Westboro Baptist Church could not be sued for emotional distress caused by peaceful picketing near military funerals.

Gideon v. Wainwright (1963)

Supreme Court case ruling that states are required under the 14th Amendment to provide counsel in criminal felony cases for indigent defendants who cannot afford their own attorney, enforcing the Sixth Amendment right to counsel.

Miranda v. Arizona (1966)

Supreme Court case ruling that prosecutors cannot use statements from custodial interrogation unless suspects are first informed of their Fifth Amendment rights to remain silent and to consult an attorney.

Ahlquist v. Cranston (2012)

Case where high school student Jessica Ahlquist successfully challenged a large prayer banner in a Rhode Island public school auditorium, ruling that displaying prayer in public schools violates the Establishment Clause of the First Amendment.

Kelo v. New London (2005)

Supreme Court decision holding that local governments can use eminent domain under the Fifth Amendment to take private property and transfer it to private developers for economic development.

First Amendment

Protects the freedom of religion (Establishment and Free Exercise Clauses), speech, press, peaceful assembly, and petition of the government.

Second Amendment

Guarantees the right of the people to keep and bear arms, linked to the necessity of a well-regulated militia to the security of a free State.

Third Amendment

Forbids the housing (quartering) of soldiers in any house in time of peace without owner consent, or in time of war except in a manner prescribed by law.

Fourth Amendment

Protects against unreasonable searches and seizures, requiring warrants issued upon probable cause specifically describing the place to be searched and persons or things to be seized.

Fifth Amendment

Protects against double jeopardy, compelled self-incrimination, and deprivation of life, liberty, or property without due process of law; requires grand jury indictments for capital crimes and just compensation for private property taken for public use.

Sixth Amendment

Protects the rights of the accused in criminal cases: a speedy and public trial by an impartial jury, notification of charges, confrontation of adverse witnesses, compulsory process for obtaining witnesses, and the assistance of counsel.

Seventh Amendment

Guarantees the right to a jury trial in civil lawsuits at common law where the value in controversy exceeds $20$ dollars.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

Ninth Amendment

States that the enumeration of specific rights in the Constitution does not deny or disparage other unlisted rights retained by the people.

Tenth Amendment

Establishes that powers not delegated to the federal government by the Constitution, nor prohibited to the states, are reserved to the states respectively, or to the people.

Fourteenth Amendment

Grants citizenship to all persons born or naturalized in the United States and prohibits states from denying privileges, due process, or equal protection of the laws to any person.