Studied by 111 people
Bill of Rights
The first ten amendments to the Constitution
Civil Liberties
Constitutional freedoms guaranteed to all citizens
public interest
The best interests of the overall community; the national good, rather than the narrow interests of a particular group.
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Fifth Amendment
A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.
Sixth Amendment
A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
Seventh Amendment
Right to a trial by jury in civil cases
Ninth Amendment
states that people's rights are not limited to just those listed in the Constitution.
Tenth Amendment
Amendment stating that the powers not delegated to the federal government are reserved to the states
Engel v. Vitale (1962)
Struck down state-sponsored prayer in public schools. Ruled that the Regents' prayer was an unconstitutional violation of the Establishment Clause.
Wisconsin v. Yoder (1972)
Compelling Amish students to attend school past the eighth grade violates the free exercise clause
Vouchers
Money government provides to parents to pay their children's tuition in a public or private school of their choice.
Everson v. Board of Education (1947)
The Supreme Court upheld a local government program that provided free transportation to parochial school students as it was not in violation of the establishment clause.
Establishment Clause
A First Amendment provision stating that "Congress shall make no law respecting an establishment of religion."
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Religion Freedom Restoration Act (RFRA) of 1993
U.S. legislation that originally prohibited the federal government and the states from "substantially burden[ing] a person's exercise of religion" unless "application of the burden...is in furtherance of a compelling governmental interest" and "is the least restrictive means of furthering that...interest."
Lemon v. Kurtzman (1971)
Three tests gleaned from the Supreme Court Establishment Clause cases are: first, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster an excessive government entanglement with religion. In order to determine whether the government entanglement with religion is excessive, a court must examine the character and purposes of the institutions that are benefited, the nature of the aid that the state provides, and the resulting relationship between the government and the religious authority.
"Wall of Separation"
An interpretation of the establishment clause embraced by the Supreme Court that allows no government involvement with religion, even on a non-preferential basis.
"Clear and Present Danger" Test
test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society
"Time, Place, and Manner" Test
Regulation of where and when the expression is made as opposed to what is said. First Amendment doctrine is more tolerant of time, place, and manner restrictions than of content regulations.
Miller v. California (1973)
Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value
Obscene Speech
Speech that (1) appeals to the prurient interest, (2) depicts sexual conduct in a patently offensive way, and (3) lacks serious literary, artistic, political, or scientific value.
Schenck v. United States (1919)
Speech creating a "clear and present danger" is not protected by the First Amendment
Symbolic Speech
nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Tinker v. Des Moines Independent School District (1969)
Students in an Iowa school were suspended for wearing black armbands to protest the Vietnam war. Ruled that this suspension was unconstitutional, and that public school students do not "shed their constitutional rights at the schoolhouse door."
"Breathing Space"
Government officials should not create an atmosphere or pass laws where individuals are chilled from speaking out and expressing their ideas. Oftentimes, more questionable speech is protected in order to provide "breathing space" for other expression.
Libel
A written defamation of a person's character, reputation, business, or property rights.
Malicious Intent
behavior of knowingly and deliberately causing harm
Near v. Minnesota (1931)
The Supreme Court decision holding that the First Amendment protects newspapers from prior restraint.
New York Times v. United States (1971)
"Pentagon Papers;" government must prove actual harm to national security if it seeks prior restraint to censor the press
New York Times v. Sullivan (1964)
To sustain a claim of defamation or libel, the First Amendment requires that the plaintiff show that the defendant knew that a statement was false or was reckless in deciding to publish the information without investigating whether it was accurate.
Prior Restraint
government censorship of information before it is published or broadcast
Brady Handgun Violence Prevention Act (1993)
Also known as the Brady Law, this legislation imposes a waiting period of 5 days after a person applies to purchase a gun. The waiting period is designed to give the FBI time to ensure that the person is eligible to buy a gun and that there is no reason to oppose it.
Prevention Act (1993)
On November 30, 1993, the Brady Handgun Violence Prevention Act was enacted, amending the Gun Control Act of 1968. The Brady Law imposed as an interim measure a waiting period of 5 days before a licensed importer, manufacturer, or dealer may sell, deliver, or transfer a handgun to an unlicensed individual.
Gun Control Act of 1968
Signed into law by LBJ following the assassination of JFK, this federal law regulates the firearms industry and firearms owners. It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers, and importers in order to disarm "the criminal, and the careless, and the insane."
National Firearms Act of 1934
Written in order to curb the "gangland crimes" this act imposed a tax on the making and transfer of firearms defined by the Act, as well as a special (occupational) tax on persons and entities engaged in the business of importing, manufacturing, and dealing in NFA firearms. The law also required the registration of all NFA firearms with the Secretary of the Treasury. Firearms subject to the 1934 Act included shotguns and rifles having barrels less than 18 inches in length, certain firearms described as "any other weapons," machine guns, and firearm mufflers and silencers.
Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Writs of Assistance
It was part of the Townshend Acts. It said that the customs officers could inspect a ship's cargo without giving a reason. Colonists protested that the Writs violated their rights as British citizens.
Furman v. Georgia (1972)
State death penalties (as then applied) are arbitrary and violate equal protection of 14th Amendment.
Gregg v. Georgia (1976)
Established that the death penalty does not necessarily violate the Constitution
Selective Incorporation
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
Due Process
fair treatment through the normal judicial system, especially as a citizen's entitlement.
Fourteenth Amendment
A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians.
"Just Compensation" Clause
The purpose of __________________ is to return the owner of the taken property to the original financial position they had been in prior to the government's taking, as though there had been no governmental taking at all.
McDonald v. Chicago (2010)
The Second Amendment right to keep and bear arms for self-defense is applicable to the states
District of Columbia v. Heller (2008)
Ruled the 2nd Amendment protects an individual's right to possess a firearm for lawful, private use (Roberts Court)
Procedural Due Process
Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.
"Search and Seizure"
the process by which the police or other authorities who suspect that a crime has been committed do a search of a person's property and collect any relevant evidence to the crime
Exclusionary Rule
A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
Weeks v. United States (1914)
Established the exclusionary rule in federal cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in court.
Mapp v. Ohio (1961)
Extended the Exclusionary Rule to the states, increasing the protections for defendants
New Jersey v. TLO (1985)
addresses the constitutionality of a search of a public high school student for contraband after she was caught smoking. A subsequent search of her purse revealed drug paraphernalia, marijuana, and documentation of drug sales. The U.S. Supreme Court, in a 6-3 ruling, held that the search was reasonable under the Fourth Amendment.
USA Freedom Act (2015)
replaced patriot act when it expired on June 1, 2015. banned bulk collection of data, new reporting requirements, extended the expiration of roving wiretaps and lone wolf surveillance authority to Dec. 2019
Miranda v. Arizona (1966)
The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent.
"Public Safety" Exception
An exception to Miranda requirements that permits police to immediately question a suspect in custody without providing any warnings, when public safety would be jeopardized by their taking the time to supply the warnings.
Metadata
data that describes other data
Gideon v. Wainwright (1963)
Supreme Court case in which the Court ruled that a defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one.
Substantive Due Process
De process guarantees of the Fifth and Fourteenth Amendments to protect certain rights that are not listed (or "enumerated") in the Constitution. The idea is that certain liberties are so important that they cannot be infringed without a compelling reason no matter how much process is given.
Griswold v. Connecticut (1965)
Supreme Court decision in which the Court ruled that the Constitution implicitly guarantees citizens' right to privacy. A right to privacy can be inferred from several amendments in the Bill of Rights, and this right prevents states from making the use of contraception by married couples illegal.
Right to Privacy
The right to a private personal life free from the intrusion of government.
Roe v. Wade (1973)
The court legalized abortion by ruling that state laws could not restrict it during the first three months of pregnancy. Based on 4th Amendment rights of a person to be secure in their persons.
Hyde Amendment (1976)
excludes abortion from the comprehensive health care services provided to low-income people by the federal government through Medicaid
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