UNIT 3 CHAPTER 5 BABY
Bill of Rights - consists of the first ten Amendments to the Constitution, which enumerate the liberties and rights of individuals, and is specifically designed to protect individual liberties and rights ; application of the Bill of Rights is continuously interpreted by the courts
Civil liberties - constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference
First Amendment - government power to make law and an individual’s right to religious freedom through the Establishment Clause and Free Exercise Clause ; freedom of speech ; freedom of the press
Prior restraint: Supreme Court has affirmed support for a heavy presumption against prior restraint even in cases involving national security
Clear-and-present-danger test: speech can be limited when it is shown to present a danger to public safety
Libel: written communication of defamation
Symbolic speech: nonverbal action that communicates an idea or belief
Time, place, manner - regulations that impose restrictions such as limits on the time of day an event can be held, limits on where an event can be held, and limits on the noise levels at an event
Obscenity - speech that strongly offends the prevalent morality of the time and society
Defamation - language that harms the reputation of another
Slander - oral communication of slander
Free-exercise clause: guarantees freedom of conscience and prohibits the government from interfering in religious belief
Establishment clause: prohibits the establishment of an official religion by the government
Wall of separation: Court rulig that government can’t be involved with religion
Second Amendment - right to bear arms
Fourth Amendment - the right to be free from unreasonable searches and seizures
Exclusionary rule: stipulates that evidence illegally seized by law enforcement officers in violation of the suspect’s Fourth Amendment rights (including the right to be free from unreasonable searches and seizures) cannot be used against that suspect in criminal prosecution
Probable cause: Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
Good-faith exception: An error in gathering evidence sufficiently minor that it may be used in a trial.
Public safety exception - allows unwarned interrogation to stand as direct evidence in court
Fifth Amendment - due process clause in the Fifth Amendment applies to the national government
Sixth Amendment - the right to legal counsel, speedy and public trial, and an impartial jury
Miranda rule - requires accused persons to be informed of some procedural protections found in the Fifth and Sixth Amendments prior to interrogation
Eighth Amendment - cruel and unusual punishment ; Supreme Court interpretations of the Eighth Amendment have applied to death penalty statutes
Ninth Amendment - states that individuals have protected rights beyond those listed in the first eight amendments ; some argue it provides support for the existence of unenumerated rights
Fourteenth Amendment - Due Process Clause and Equal Protection Clause as applied to the states ; granted citizenship to all persons born or naturalized in the U.S., including formerly enslaved people
Due process of law: state that the government may not infringe on a person’s right to life, liberty, or property without due process of law
Procedural due process - requires that government officials use methods that are not arbitrary when making and carrying out decisions affecting constitutionally protected rights ; procedural due process protections are reinforced by key protections enshrined in other provisions of the Bill of Rights and key legal doctrines established by the Supreme Court
Substantive due process - used by the Supreme Court to examine whether government laws and actions are arbitrary infringements of individual rights
Equal protection of the law: A standard of equal treatment that must be observed by the government.
Selective incorporation: doctrine that imposed limitations on state regulation of civil liberties by extending select protections of the Bill of Rights to the states through the due process clause of the Fourteenth Amendment
Unenumerated rights - recognized constitutionally protected rights that are not explicitly listed in the Bill of Rights ; include the right to privacy
Right to privacy - a recognized constitutionally protected right not explicitly named in the Constitution ; interpreted by the Supreme Court to be granted by the Due Process clause in Griswold v. Connecticut
Griswold v. Connecticut - the Supreme Court interpreted the due process clause to protect the right of privacy from government infringement
Roe v Wade - the Supreme Court held that the application of substantive due process further extended the privacy right to abortion
Dobbs v. Jackson Women’s Health Organization - overturned Roe v. Wade, holding that the Constitution does not confer a right to abortion, leaving decisions about the regulation of abortion to legislatures
Patriot Act - congressional legislation enacted in the wake of 9/11 designed to expand surveillance abilities of law enforcement, facilitate interagency communication, and increase penalties of acts of terrorism
USA Freedom Act - congressional legislation intended to limit bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies and end secret laws of FISA courts
Bill of Rights - consists of the first ten Amendments to the Constitution, which enumerate the liberties and rights of individuals, and is specifically designed to protect individual liberties and rights ; application of the Bill of Rights is continuously interpreted by the courts
Civil liberties - constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference
First Amendment - government power to make law and an individual’s right to religious freedom through the Establishment Clause and Free Exercise Clause ; freedom of speech ; freedom of the press
Prior restraint: Supreme Court has affirmed support for a heavy presumption against prior restraint even in cases involving national security
Clear-and-present-danger test: speech can be limited when it is shown to present a danger to public safety
Libel: written communication of defamation
Symbolic speech: nonverbal action that communicates an idea or belief
Time, place, manner - regulations that impose restrictions such as limits on the time of day an event can be held, limits on where an event can be held, and limits on the noise levels at an event
Obscenity - speech that strongly offends the prevalent morality of the time and society
Defamation - language that harms the reputation of another
Slander - oral communication of slander
Free-exercise clause: guarantees freedom of conscience and prohibits the government from interfering in religious belief
Establishment clause: prohibits the establishment of an official religion by the government
Wall of separation: Court rulig that government can’t be involved with religion
Second Amendment - right to bear arms
Fourth Amendment - the right to be free from unreasonable searches and seizures
Exclusionary rule: stipulates that evidence illegally seized by law enforcement officers in violation of the suspect’s Fourth Amendment rights (including the right to be free from unreasonable searches and seizures) cannot be used against that suspect in criminal prosecution
Probable cause: Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
Good-faith exception: An error in gathering evidence sufficiently minor that it may be used in a trial.
Public safety exception - allows unwarned interrogation to stand as direct evidence in court
Fifth Amendment - due process clause in the Fifth Amendment applies to the national government
Sixth Amendment - the right to legal counsel, speedy and public trial, and an impartial jury
Miranda rule - requires accused persons to be informed of some procedural protections found in the Fifth and Sixth Amendments prior to interrogation
Eighth Amendment - cruel and unusual punishment ; Supreme Court interpretations of the Eighth Amendment have applied to death penalty statutes
Ninth Amendment - states that individuals have protected rights beyond those listed in the first eight amendments ; some argue it provides support for the existence of unenumerated rights
Fourteenth Amendment - Due Process Clause and Equal Protection Clause as applied to the states ; granted citizenship to all persons born or naturalized in the U.S., including formerly enslaved people
Due process of law: state that the government may not infringe on a person’s right to life, liberty, or property without due process of law
Procedural due process - requires that government officials use methods that are not arbitrary when making and carrying out decisions affecting constitutionally protected rights ; procedural due process protections are reinforced by key protections enshrined in other provisions of the Bill of Rights and key legal doctrines established by the Supreme Court
Substantive due process - used by the Supreme Court to examine whether government laws and actions are arbitrary infringements of individual rights
Equal protection of the law: A standard of equal treatment that must be observed by the government.
Selective incorporation: doctrine that imposed limitations on state regulation of civil liberties by extending select protections of the Bill of Rights to the states through the due process clause of the Fourteenth Amendment
Unenumerated rights - recognized constitutionally protected rights that are not explicitly listed in the Bill of Rights ; include the right to privacy
Right to privacy - a recognized constitutionally protected right not explicitly named in the Constitution ; interpreted by the Supreme Court to be granted by the Due Process clause in Griswold v. Connecticut
Griswold v. Connecticut - the Supreme Court interpreted the due process clause to protect the right of privacy from government infringement
Roe v Wade - the Supreme Court held that the application of substantive due process further extended the privacy right to abortion
Dobbs v. Jackson Women’s Health Organization - overturned Roe v. Wade, holding that the Constitution does not confer a right to abortion, leaving decisions about the regulation of abortion to legislatures
Patriot Act - congressional legislation enacted in the wake of 9/11 designed to expand surveillance abilities of law enforcement, facilitate interagency communication, and increase penalties of acts of terrorism
USA Freedom Act - congressional legislation intended to limit bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies and end secret laws of FISA courts
