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History Unit 3
History Unit 3 Study Stack
| Term | Definition |
|---|---|
| Civil Liberties | Freedoms that protect the individual from the government. |
| civil rights | Personal, human rights recognized and guaranteed by the U.S. Constitution |
| Bill of Rights | First 10 amendments to the Constitution |
| 1st Amendment | Freedom of Religion, Speech, Press, Assembly, and Petition |
| 2nd Amendment | Right to keep and bear arms |
| 4th Amendment | Freedom from unreasonable searches and seizures |
| 5th Amendment | Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination |
| 6th Amendment | The right to a Speedy Trial by jury, representation by an attorney for an accused person |
| 8th Amendment | No cruel or unusual punishment |
| 14th Amendment | Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws |
| Equal Protection Clause | 14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination |
| Free Exercise Clause | A First Amendment provision that prohibits government from interfering with the practice of religion. |
| Due Process | fair treatment through the normal judicial system, especially as a citizen's entitlement. |
| Prior Restraint Doctrine | Legal doctrine that gives individuals the right to publish without prior restraint- that is, without first submitting material to a government censor |
| right to privacy | The right to a private personal life free from the intrusion of government. |
| 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. |
| exclusionary rule | improperly (illegally) gathered evidence may not be introduced in a criminal trial |
| Engel v. Vitale (1962) | Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism. |
| Wisconsin v. Yoder (1972) | The right to freedom of religion prohibits governments from requiring students to attend public school past a certain age if doing so goes against their religion - in this case, this was brought by the Amish community in Wisconsin. |
| Tinker v. Des Moines (1969) | Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes |
| Schenck v. United States (1919) | Supreme Court case protecting the freedom of the press by allowing the New York Times to publish the "Pentagon Papers" despite the Justice Department's order to restrict it |
| Gideon v. Wainwright (1963) | Ordered states to provide lawyers for those unable to afford them in criminal proceedings. |
| Roe v. Wade (1973) [not required] | Abortion rights fall within the privacy implied in the 14th amendment |
| McDonald v. Chicago (2010) | The Second Amendment right to keep and bear arms for self-defense is applicable to the states |
| clear and present danger test | Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts. |
| Libel | A written defamation of a person's character, reputation, business, or property rights. |
| Lemon test | |
| Establishment clause | Clause in the First Amendment that says the government may not establish an official religion. |
| Miranda rights (warnings) | Statements concerning rights that police are required to make a person before he or she is subjected to in-custody questioning. |
| Substantive due process | Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do. |
| Symbolic speech | An act that conveys a political message, such as burning a draft card to protest the draft |
| Capital punishment | Death penalty |
| Eminent domain | |
| Right to counsel | Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation. |
| Wall of separation | Court ruling that government cannot be involved with religion |
| 9th Amendment | states that people's rights are not limited to just those listed in the Constitution. |
| Prior restraint | Censorship in which certain material may not be published or communicated |
| Mapp v. Ohio (1961) | All evidence obtained illegally is inadmissible in a state court |
| 3rd amendment | no quartering of soldiers |
| Federalist #10 | An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable. |
| Federalist #51 | Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group. |
| Necessary and Proper Clause | constitutional authorization for Congress to make any law required to carry out its powers |
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