Chapter 4 Vocabulary

     
    civil liberties   Those individual legal and constitutional protections against the government oppression.

    Bill of Rights   The first ten amendments (ratified in 1791) to the U.S. Constitution, written to restrict the powers of the federal government (every state constitution had its own bill of rights).

    due process   The constitutional guarantee that "no person shall be deprived of life, liberty, or property without due process of law."  The essence of the idea is that people must be given adequate notice and a fair opportunity to present their side in a legal dispute, and that no law or government procedure should be arbitrary or unfair.

    incorporation doctrine   The principle in which the Supreme Court has held that most, but not all, of the specific guarantees in the Bill of Rights limit state and local governments by making those guarantees applicable to the states through the due process clause of the Fourteenth Amendment.

    prior restraint   Principle that refers to a government's censorship of material before it is published. Prior to the restraint being exercised, the government must demonstrate a compelling reason for the censorship BEFORE any restraint may be imposed.

    selective incorporation   A judicial doctrine whereby most, but not all, of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.

    First Amendment   Constitutional provision that guarantees the freedoms of religion, speech, press, and assembly. It includes two statements about religion and government, commonly referred to as the "establishment clause" and the "free exercise clause."

    "establishment clause"   Constitutional provision, found in the First Amendment, which provides that "Congress shall make no law respecting an establishment of religion." This clause means that the federal government cannot set up a church; nor can it pass laws that aid one religion, aid all religions, or favor one religion over another.

    conscientious objectors   Those individuals whose religious beliefs would not permit them to serve in the armed forces.

    "free exercise" clause   Constitutional provision, found in the First Amendment, which provides that Congress shall make no law "prohibiting the free exercise" of religion. It protects the right of individuals to worship or believe as they wish, or to hold no religious beliefs.

    "Lemon test"    The principle, i.e., test, announced by the Supreme Court in Lemon v. Kurtzman, that government involvement in religion must have a secular purpose; have a primary effect that is neither to advance or inhibit religion; and, cannot foster "excessive governmental entanglement with religion."

    "clear and present danger" test   A test established by the Supreme Court to define the point at which speech loses First Amendment protection. The question is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.

    "bad tendency" test   A test established by the Supreme Court in which it ruled that some speech could be prohibited if it threatened the overthrow of the government or in other ways injured the public welfare.

    "hate crime" law   A law that seeks to prohibit speech or action aimed at persons because of their race, religion, or gender.

    speech codes   Codes established on some college campuses prohibiting students from making racist or sexist remarks.

    "Miller test"   The principle, i.e., test, announced by the Supreme Court in Miller v. California that decisions regarding whether or not material was obscene should generally be made by local communities, with some guidelines provided by the Court itself about how to make such judgments.

    libel   Written publication of statements known to be false that are malicious and tend to damage person's reputation. Not protected speech.

    slander  Spoken publication of statements known to be false that are malicious and tend to damage person's reputation. Not protected speech.

    symbolic speech  Symbols, signs, and other methods of expressions or conduct protected by the First Amendment.

    commercial speech  Speech, such as advertising, which is more restricted than expressions of opinion on religious, political, or other matters.

    shield laws   Laws which give news reporters the right to withhold information from the courts. They are designed to protect reporters in situations where they need to protect a confidential source.

    search warrant   A document signed by a judicial officer authorizing law enforcement officers to search a specific location. The warrant can be issued only on "probable cause" that the materials to be seized are in the specific location to be search.

    balancing test   A view that First Amendment rights must be balanced against the competing needs of the community to preserve order and to preserve the state.

    "preferred freedoms"   Those basic freedoms, such as freedom of speech and religion, which, in the view of some members of the Supreme Court, should take precedence over other needs.

    indictment   A formal, written accusation by a grand jury; i.e., a formal finding by that body, that there is probable cause to believe an accusation against a named person.

    substantive due process   The principle that laws must be reasonable.

    procedural due process   The principle that laws must be administered in a fair manner.

    Fourth Amendment   Constitutional provision which forbids unreasonable searches and seizures.

    probable cause   Reasonable grounds to make or believe that a crime has occurred or is about to occur and that a particular individual is responsible.

    exclusionary rule   A principle established by the Supreme Court that bars the government, both federal and state, from using illegally seized evidence in court.

    Mapp v. Ohio   A Supreme Court case which held that the protection against unreasonable search and seizure applied to the state and local governments as well as the national government, thus nationalizing the exclusionary rule.

    Terry v. Ohio   A Supreme Court case which held that police could "stop and frisk" a suspect on the street without a warrant if they are reasonably suspicious that the person is armed or dangerous and if acting on the tip of an informant the officer thinks is reliable.

    Burger Court   The description given the United States Supreme Court from 1969 to 1986 (led by Chief Justice Warren Burger). It was expected that the "Burger Court" would become a conservative court under Warren Burger and reverse many of the liberal rulings of the earlier Warren Court.

    good faith   Exception to the validity of the requirement of a search warrant if the police who seized it mistakenly thought they were operating under a constitutionally valid warrant.

    Fifth Amendment   Constitutional provision which prohibits forced self-incrimination.

    Miranda v. Arizona   A Supreme Court case which guidelines for police questioning of suspects. Before suspects are questioned, they must be given the Miranda warnings, i.e., of their right to remain silent; that what they say can be used against them in a court of law; and, that they have a right to have a lawyer present during an interrogation, and that a lawyer will be provided if the accused cannot afford one.

    Rehnquist Court   The description given the United States Supreme Court from 1986 to the present (led by Chief William H. Rehnquist). It is marked by its conservative rulings, cutting back on the rights of the accused and expanding the concept of federalism.

    Warren Court   The description of the United States Supreme Court, (led by Chief Justice Earl Warren) from 1953 to 1969 which became the symbol of judicial activism and which handed down many landmark decisions on school desegregation, civil rights, legislative apportionment, First Amendment freedoms, and the rights of the accused.

    Sixth Amendment   Constitutional provision that ensures the right to a speedy trial and an impartial jury.

    Eighth Amendment   Constitutional provision that forbids cruel and unusual punishment, but it does not define the phrase.

    Roe v. Wade   A Supreme Court case which divided pregnancy into three stages. In the first trimester, a woman's right to privacy included an absolute right to an abortion free from state interference. (A state cannot forbid abortions during the first trimester of pregnancy). In the second and third trimesters, the state's interest in the health of the mother gave it the right to regulate abortions in certain cases.
    jus soli   The "right of soil," which confers citizenship by place of birth.

    jus sanguinis   The "right of blood," which recognizes citizenship based on that of the parents of the child.