The Bill of Rights and Individual Liberties

These flashcards cover key concepts, terms, and significant figures related to the Bill of Rights and individual liberties in American constitutional history.

Bill of Rights

The first ten amendments to the United States Constitution, guaranteeing individual rights.

The Federalist, No. 84

An essay written by Alexander Hamilton arguing that a Bill of Rights was unnecessary for a limited government.

Whiggish Concept of Liberty

Liberty defined largely through self-government and representative institutions, with executive power as a key threat.

English Bill of Rights (1689)

A pivotal document asserting rights like petitioning the king and limiting royal interference in laws.

Common Law

Law based on judicial decisions and precedents rather than statutes.

Due Process

Legal requirement that the state must respect all legal rights owed to a person.

Habeas Corpus

The legal principle that protects individuals from unlawful imprisonment.

Madison's Compromise

James Madison's eventual agreement to include a Bill of Rights to secure ratification of the Constitution.

First Amendment

Part of the Bill of Rights that protects freedoms of religion, speech, press, assembly, and petition.

Establishment Clause

Prohibits the government from establishing an official religion or unduly favoring one religion over another.

Seditious Libel

Publishing statements that criticize the government which could lead to criminal charges.

Prior Restraint

Government action that prohibits speech or other expressions before they can take place.

Freedom of Assembly

The right of people to gather for peaceful and lawful purposes.

Right of Petition

The right to make a complaint to or seek assistance from one's government without fear of punishment.

Second Amendment

Protects the right of the people to keep and bear arms.

Trial by Jury

The right of individuals to have disputes settled by an impartial jury.

Eighth Amendment

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

Ninth Amendment

Clarifies that the enumeration of certain rights in the Constitution does not mean that others do not exist.

Tenth Amendment

Reserves powers not delegated to the national government to the states or the people.

Barron v. Baltimore (1833)

Case that ruled the Bill of Rights applies only to the federal government and not the states.

Fourteenth Amendment

Guarantees equal protection under the law and due process rights to all citizens.

Civil Rights

The rights of citizens to political and social freedom and equality.

Alexis de Tocqueville

A French political thinker who discussed the significance of the separation of church and state in America.

Common law rights

Rights that existed under common law, including property rights and due process.

James Madison

Fourth President of the United States known for his role in drafting the Bill of Rights.

John Locke

Philosopher whose ideas on government and individual rights heavily influenced American political thought.

Thomas Jefferson

Founding Father and principal author of the Declaration of Independence who advocated for individual rights.

Hugo Black

Supreme Court Justice known for his strong defense of First Amendment rights.

John Milton

English poet and advocate for freedom of speech who wrote 'Areopagitica'.

Fifth Amendment

Guarantees due process and prohibits self-incrimination and double jeopardy.

Sixth Amendment

Ensures the right to a speedy trial, an impartial jury, and legal counsel.

Seventh Amendment

Guarantees the right to a jury trial in civil cases.

Freedom of the Press

The right of media to operate independently of government censorship.

Freedom of Association

The right to join with others in a group for social, political, or economic purposes.

National Defense

Protection of a nation from external and internal threats.

Tyranny

Cruel and oppressive government rule.

Political Participation

The ways that citizens engage in the political process, such as voting or assembly.

Freedom of Conscience

The right to hold any belief or make decisions based on one's own moral or ethical principles.

Justice Scalia

Former Supreme Court Justice noted for his originalist interpretation of the Constitution.

Constitutional Rights

Rights and freedoms granted to individuals by the Constitution.

Civil Liberties

Fundamental rights and freedoms protected from infringement by the government.