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AP Govt. CPHS Chap 5

QuestionAnswer
Civil Liberties the personal garantees and freedoms that the federal government cannot abridge by law, Constitution, or Judicial interpretation
Civil Rights the governement protected rights of individuals against arbitrary or discriminatory treatment
Bill of Rights first ten amendments of the Constitution which largely garantee specific rights and liberties
Ninth Amendment Part of the Bill of Rights that reads: "the innumeration in the constitution certain rights shall not be contructed to deny or disparage others retained by the people
Supstantive Due Process Judicial Interpretation of the Fifth and Fourteenth ammendent due process clause that protects citizens from arbitrary or unjust laws
Incorporation Doctrine Interpretation of the Constitution that holds that the Due Process Clause of the 14th amendment requires that state and local governments also guarantee those rights
Selective Incorporation A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made aplicable to the states through the 14th amendment
Fundamental Freedom The rights defined by the court to be essential to order, liberty, and justice
Establishment Clause The First Clause in the 1st amendment which prohibits the US government from interferring with the citizen's right to practice his/her religion
Free Exorcise Clause The 2nd Clause of the 1st amendment which prohibits the US government from interfeering with the citizen's right to practice his/her religion
Prior Restraint Constitutional Doctrine which prevents the government from prohibiting speech or publication before the fact, which is generally held to be in violation of the first amendment
Clear and Present Danger Test The test articulated by the Supreme Court to draw the line between protected and unprotected speech. the court looks to see whether the words use create a clear and present danger and bring about substantive evils that the Congress seeks to prevent
Direct Incitement Test Test articulated by the Supreme Court that holds the advocacey of illegal action is protect by the 1st amendment unless 'iminant lawless action is intended and likely to occur'
Symbolic Speech Symbols, signs, and other methods of expression generally also considered to be protect by the 1st amendment
Libel False written statement(s) tending to call someone's reputation into disripute
Slander Untrue spoken statements that defame the character of a person.
New York Times Comp. v Sullivan The Supreme Court concluded that actual malice must be proved to support a finding of libel against a public figure
Fighting Words Words that inflict injury or tend to incite immediate breach of peace, and they are not restricted by the 1st amendment
Due Process Rights Procedural Guarantees proveded by the 4th, 5th, 6th, 8th amendments for those accused of crimes
Miranda v. Arizona Supreme Court ruling that requires that individuals arrested for a crime must be advised of their right to remain silent and have counsel present
Exclusionary Rule Judicialy created rule that prohibits police from using illegally seized evidence at a trial
Right to Privacy The right to be let alone and it's judicially created doctrine incompassing an individual's decision to use Birth control or have an Abortion
Fourth Amendment The right of the people to be secure. Protects citizens against unlawful search and seizure
Fifth Amendment Provides for indictment from a Grand Jury, protects from self incrimination, and prevents the government from denying a person life, liberty, or property without due process
Sixth Amendment Sets the basic requirement of procedural due process for courts to follow in trial, including the right to a speedy trial
Eighth Amendment Accessive bail should not be required, nor should accessive fines be imposed, and nor should cruel and unusual punishment be inflicted
Created by: Levanda on 2006-04-20



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