Vocabulary Builder: Bill of Rights and Civil Liberties
Bill of Rights - adopted in 1791 by the states two years after the ratification of the Constitution, it established the basis of civil liberties for Americans.
Civil Liberties - those rights of the people that are protected by the Bill of Rights.
Clear and present danger doctrine - established in Schenck v. United States (1919), it gives the governemnt the right to censor free speech if, during national emergencies such as war, it can be proven that the result of the speech will significantly hurt national security.
Cruel and unusual punishment - doctrine found in the Eighth Amendment to the Constitution that prohibits the federal government from imposing excessive penalties from crimes committed.
Double jeopardy - legal concept wherein once a verdict is handed down, you cannot be tried again for the same crime.
Establishment clause - component of the First Amendment to the Constitution that defines the right of the citizens to practice their religions without governmental interference. It also places a restriction on government creating a "wall of separation" between church and state.
Exclusionary rule - rule that resulted from the Mapp v. Ohio decision determining that police may obtain only that evidence that can be had through a legitimate search warrant. Other evidence found at the scene of the crime is not admissible, or is excluded, in the trial.
Fighting words doctrine - established in Chaplisky v. New Hampshire (1942), the decision incorporated into state law the concept that the government can limit free speech if it can be proved that the result of speech will cause physical violence.
Free exercise clause - Phrase found in the First Amendment to the United States Constitution that guarantees an individual the right to pray and believe in the religion of his or her choice by making it illegal for Congress to pass laws that restrict this right.
Gitlow v. New York (1925) - landmark decision in that the Supreme Court incorporated the First Amendment to a state case for the first time.
Incorporation of the Fourteenth Amendment - doctrine that made the Bill of Rights apply to the states as a result of Supreme Court decisions. Even though the Fourteenth Amendment was ratified in 1868, incorporation started to take place in the 1920s. It reached a peak during the Warren court in the late 1950s and 1960s.
Indictment - a formal list of charges made by a grand jury and guaranteed in the Fifth Amendment.
Libel - Written publications that intentionally print false information that defames the character of an individual.
Miranda rights - those rights directing police to inform the accused upon their arrest of their constitutional right to remain silent, that anything said could be used in court, that they have the right to consult with a lawyer at anytime during the process, that a lawyer will be provided if the accused cannot afford one, that the accused understands these rights, and that the accused has the right to refuse to answer any questions at any time and request a lawyer at any point.
Prior restraint - The actions of a governmental body which result in the censorship of written material. In the "Pentagon Papers" case, President Nixon asked for an injunction to halt the publication of the confidential Defense Department documents by the New York Times.
Procedural due process - a series of steps that are established by the Fifth, Sixth, and Seventh Amendments that protect the rights of the accused at every step of the investigation.
Separation of church and state - Also known as the "establishment clause," it is part of the First Amendment to the Constitution prohibiting the federal government from creating a state-supported religion.
Slander - Speech that intentionally gives false information or defames the character of an individual.
Substantive due process - legal process that places limits related to the content of legislation and the extent government can use its power to enact unreasonable laws.
Symbolic speech - form of free speech interpreted by the Supreme court as a guarantee under the first Amendment to the Constitution, such as wearing a black armband to protest a governmental action or burning an American flag in protest for political reasons.
Civil Liberties - those rights of the people that are protected by the Bill of Rights.
Clear and present danger doctrine - established in Schenck v. United States (1919), it gives the governemnt the right to censor free speech if, during national emergencies such as war, it can be proven that the result of the speech will significantly hurt national security.
Cruel and unusual punishment - doctrine found in the Eighth Amendment to the Constitution that prohibits the federal government from imposing excessive penalties from crimes committed.
Double jeopardy - legal concept wherein once a verdict is handed down, you cannot be tried again for the same crime.
Establishment clause - component of the First Amendment to the Constitution that defines the right of the citizens to practice their religions without governmental interference. It also places a restriction on government creating a "wall of separation" between church and state.
Exclusionary rule - rule that resulted from the Mapp v. Ohio decision determining that police may obtain only that evidence that can be had through a legitimate search warrant. Other evidence found at the scene of the crime is not admissible, or is excluded, in the trial.
Fighting words doctrine - established in Chaplisky v. New Hampshire (1942), the decision incorporated into state law the concept that the government can limit free speech if it can be proved that the result of speech will cause physical violence.
Free exercise clause - Phrase found in the First Amendment to the United States Constitution that guarantees an individual the right to pray and believe in the religion of his or her choice by making it illegal for Congress to pass laws that restrict this right.
Gitlow v. New York (1925) - landmark decision in that the Supreme Court incorporated the First Amendment to a state case for the first time.
Incorporation of the Fourteenth Amendment - doctrine that made the Bill of Rights apply to the states as a result of Supreme Court decisions. Even though the Fourteenth Amendment was ratified in 1868, incorporation started to take place in the 1920s. It reached a peak during the Warren court in the late 1950s and 1960s.
Indictment - a formal list of charges made by a grand jury and guaranteed in the Fifth Amendment.
Libel - Written publications that intentionally print false information that defames the character of an individual.
Miranda rights - those rights directing police to inform the accused upon their arrest of their constitutional right to remain silent, that anything said could be used in court, that they have the right to consult with a lawyer at anytime during the process, that a lawyer will be provided if the accused cannot afford one, that the accused understands these rights, and that the accused has the right to refuse to answer any questions at any time and request a lawyer at any point.
Prior restraint - The actions of a governmental body which result in the censorship of written material. In the "Pentagon Papers" case, President Nixon asked for an injunction to halt the publication of the confidential Defense Department documents by the New York Times.
Procedural due process - a series of steps that are established by the Fifth, Sixth, and Seventh Amendments that protect the rights of the accused at every step of the investigation.
Separation of church and state - Also known as the "establishment clause," it is part of the First Amendment to the Constitution prohibiting the federal government from creating a state-supported religion.
Slander - Speech that intentionally gives false information or defames the character of an individual.
Substantive due process - legal process that places limits related to the content of legislation and the extent government can use its power to enact unreasonable laws.
Symbolic speech - form of free speech interpreted by the Supreme court as a guarantee under the first Amendment to the Constitution, such as wearing a black armband to protest a governmental action or burning an American flag in protest for political reasons.
