PolySci Ch. 4

kennedipierce's version from 2015-05-11 17:34

Section 1

Question Answer
Civil liberties The personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation
Civil rights The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals
Ninth Amendment Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist
Due process clause Clause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee a variety of rights to individuals
Substantive due process Judicial interpretation of the Fifth and Fourteenth Amendments' due process clauses that protects citizens from arbitrary or unjust state or federal laws

Section 2

Question Answer
Incorporation doctrine An interpretation of the Constitution holding that the due process clause of the Fourteenth Amendment requires state and local governments to guarantee the rights stated in the Bill of Rights
Selective incorporation A judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendments
Fundamental freedoms Those rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review
First Amendment Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition
Establishment clause The first clause of the First Amendment; it directs the national government not to sanction an official religion
Free exercise clause The second clause of the First Amendment ; it prohibits the U.S. government

Section 3

Question Answer
Lemon testThree-part test created by the Supreme Court for examining the constitutionality of religious establishment issues
Prior restraint Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment
Clear and present danger test Test articulated bu the Supreme Court in Schenck v. U.S. (1919) to draw the line between protected and unprotected speech; the Court looks to see "whether the words used" could "create a clear and present danger that will bring substantive evils" that Congress seeks "to prevent"
Direct incitement test Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) holding that the First Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur
Symbolic speech Symbols, signs, and other methods of expression generally considered to be protected by the First Amendment

Section 4

Question Answer
Libel False written statement that defames a person's character
SlanderUntrue spoken statements that defame the character of a person
New York Times Co v. Sullivan (1964) Case in which the Supreme Court concluded that "actual malice" must be proven to support a finding of libel against a public figure
Fighting words Words that "by their very utterance inflict injury or tend to incite an immediate breach of peace." Fighting words are not subject to the restrictions of the First Amendment
Writs of habeas corpus Petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government's case does not persuade the judge. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them
Bill of attainder A law declaring an act illegal without judicial trial
Fourth Amendment Part of the Bill of Rights that reads: " 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."

Section 5

Question Answer
Fifth Amendment Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. It provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without the due process law. It also prevents the national government from taking property without just compensation
Miranda v. Arizona (1966)A landmark Supreme Court ruling holding that the Fifth Amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have a counsel present
Miranda rightsStatements required of police that inform a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by the court if the suspect cannot afford one
Double jeopardy clause Part of the Fifth Amendment that protects individuals from being tried twice for the same offense in the same jurisdiction
Exclusionary rule Judicially created rule that prohibits police form using illegally seized evidence at trial
Sixth Amendment Part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel
Eight Amendment Part of the Bill of Rights that states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

Section 6

Question Answer
Right to privacy The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the First, Third, Fourth, Ninth, and Fourteenth Amendments
Roe v. Wade (1973) The Supreme Court found that a women's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment