The Constitution and the Bill of Rights

Vocabulary flashcards covering the U.S. Constitution, constitutional rights, legal definitions, historical background, and the debate between Federalists and Anti-Federalists over the Bill of Rights.

Slander

A false spoken statement that damages a person's reputation; it is not protected by the First Amendment.

Libel

A false written statement that damages a person's reputation; it is not protected by the First Amendment.

Indictment

An official written statement issued by a grand jury charging an individual with a crime.

Grand Jury

A panel that examines evidence to determine whether an indictment should be issued; a serious crime cannot proceed to trial without it under the Fifth Amendment.

Double Jeopardy

The unconstitutional practice of putting an individual on trial twice for the exact same crime, prohibited by the Fifth Amendment.

Self-Incrimination

Making a statement that proves oneself guilty of a crime; individuals are protected from this by the Fifth Amendment when they choose to remain silent ("taking the Fifth").

Due Process of Law

The requirement under the Fifth Amendment that the government must follow fair, established procedures in any legal action before depriving an individual of life, liberty, or property.

Eminent Domain

The Fifth Amendment principle stating that the government cannot take private property for public use (such as expanding a freeway) without paying fair compensation.

Criminal Law

Proceedings governed by the Sixth Amendment involving actual crimes and reckless endangerment where a defendant could face jail time.

Civil Law

Common law proceedings under the Seventh Amendment involving economic disputes where controversy exceeds $\$20$ and no one goes to jail.

Bail

Money paid to the court to secure a person's temporary release from custody prior to a trial.

Subpoena

A written court order requiring a person to appear in court as a witness when a crime has taken place.

Search Warrant

A legal order approved by a judge that details probable cause, the evidence justifying the search, and specific descriptions of the property to be searched and items or individuals to be seized.

Stop and Frisk

A legal police procedure permitting warrantless searches under specific circumstances, such as at airports or in high-crime areas.

Right to Petition

The constitutionally guaranteed right to formally ask the government for a redress of grievances, such as by signing a document.

Right to Assemble

The constitutionally protected liberty of individuals to gather peacefully to protest, which does not protect violent demonstrations or threatening citizens.

Ninth Amendment

The constitutional provision stating that the enumeration of specific rights does not mean the people do not retain other, unlisted rights.

Tenth Amendment

The constitutional foundation for federalism, reserving all powers not delegated to the federal government (such as regulation of education and schools) to the states or to the people.

Eighth Amendment

The constitutional amendment prohibiting excessive bail, excessive fines, and cruel and unusual punishments, the latter of which is often cited in debates regarding the death penalty.

Appellate Court

A court that has the authority to review and rehear a case when there is a question concerning whether an action or law is constitutional.

Magna Carta

A foundational British document dating to $1225$ that represented the first formal demand for limits on the English monarch's power.

English Bill of Rights

A British document written less than $100$ years before the American Revolution that listed individual rights as a check against monarchical abuse of power.

Article VI

The constitutional clause establishing that the U.S. Constitution is the "supreme law of the land," taking precedence over all state laws and state constitutions.

Federalists

Supporters of the U.S. Constitution who argued that an explicit bill of rights was unnecessary because the federal government possessed only limited, enumerated powers.

Anti-Federalists

Opponents of the original U.S. Constitution who refused to support ratification without a bill of rights to safeguard individual freedoms against potential government tyranny.

Writ of Habeas Corpus

A court order requiring the government to demonstrate that an individual is being detained lawfully, protecting citizens from random and unjustified imprisonment.

Bill of Attainder

An unconstitutional legislative act that punishes an individual or group for a crime without providing them a court trial.

Ex Post Facto Law

A retroactive statute that makes an act a crime, or increases the penalty for a crime, after the act was committed.

Title of Nobility

An aristocratic hereditary rank (such as Duke, Marquess, Earl, Viscount, or Baron) granted by a monarch that early Americans banned to prevent inherited political power.

Ratification of the Bill of Rights

The formal approval of the first ten amendments to the U.S. Constitution in $1791$, occurring three years after the Constitution itself was ratified in $1788$.