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Terms in this set (23)Civil Liberties The legal constitutional protections against government. Although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures decline their meaning. Bill of Rights The first 10 amendments the the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights. First Amendment The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly. Fourteenth Amendment The constitutional amendment adopted after the Civil War that states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Due Process Clause Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law. Incorporation Doctrine The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment. Establishment Clause Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion." Free Exercise Clause A First Amendment provision that prohibits government from interfering with the practice of religion. Prior Restraint A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota. Libel The publication of false or malicious statements that damage someone's reputation. Symbolic Speech Nonverbal Communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some of this protection under the First Amendment. Commercial Speech Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court. Probable Cause The situation occurring when the police have reason to believe that a person should be arrested. In making he arrest, police are allowed legally to search for and seize incriminating evidence. Unreasonable Searches and Seizures Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Probable cause and/or a search warrant are required for a legal and proper search for seizure of incriminating evidence. Search Warrant A written authorization from a court specifying they are to be searched and what the police are searching for. Exclusionary Rule The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure. Fifth Amendment A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law. Self-Incrimination The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids this. Sixth Amendment A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
Plea Bargaining A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime. Eighth Amendment The constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the Fourteenth Amendment, this Bill of Rights provision applies to the states. Cruel and Unusual Punishment Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offense are unconstitutional, it has not held that the death penalty itself constitutes this. Right to Privacy The right to a private personal life free from the intrusion of government. Sets with similar termsAP Government Chapter 4 Key Terms23 terms KieranMurphy Chapter 4: Civil Liberties and Public Policy23 terms Brian_Mirchin Ap Government Chapter 422 terms toth_korinna Civil Liberties & Public Policies (Ch. 4)23 terms hansesq Sets found in the same folderAP Government--Court Cases44 terms bjohnso2 AP Gov Civil Rights/Liberties152 terms eva_reyn_peace AP Government Vocabulary265 terms dobbs AP Government Ch 1623 terms buletproofvest22 Other sets by this creatorNCE337 terms layxknee Biopsych Exam 162 terms layxknee Stats Exam 2 Terms20 terms layxknee CBT DRUGS/DISORDERS SET 123 terms layxknee Other Quizlet setsChapter 4 Vocabulary46 terms Sparkle94 Ap Gov: Chapter 4 and 5 Terms35 terms SolarxSeasPLUS American Gov A.P. Chapter 4 Key words23 terms jholcomb308 AP Government Chapter 446 terms oderos Related questionsQUESTION Which type of public policy requires little or no expenditure of money? 4 answers QUESTION Why are states and localities considered "laboratories for democracy"? 9 answers QUESTION Millions of Americans shirk their duty to vote regularly, a tendency that sets Americans apart from citizens of most Western democracies. 2 answers QUESTION The federal government cannot force the 50 U.S. states to follow its policies toward foreign governments because the authority to establish official relations with other countries is a reserve power of the states. 6 answers What is the constitutional basis for the nationalization of the Bill of Rights?The incorporation doctrine is a constitutional doctrine through which the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment.
Which was the first to consider nationalizing the Bill of Rights?The Court took the occasion of its decision in Palko v. Connecticut in 1937 to restate the general principles it was following in the nationalization of the Bill of Rights.
What clause did the Supreme Court use to apply the Bill of Rights to the states during the 20th century?In the the middle of the Twentieth Century, a series of Supreme Court decisions found that the Due Process Clause "incorporated" most of the important elements of the Bill of Rights and made them applicable to the states.
Why did Supreme Court expand the incorporation of the Bill of Rights?Why did the Supreme Court expand the incorporation of the Bill of Rights? due process and equal protection under the law. the right of citizenship and equal protection.
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What is the legal concept under which the Supreme Court has nationalized the Bill of Rights?
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