Civil Liberties

it is likely to lead to immediate lawless action.

Freedom of speech can be limited whenever

Substantive due process

Due process that concerns whether the laws themselves are fair and just

Slander

A spoken defamatory statement

Police power

Ability to regulate behavior for the common good

is likely to lead to immediate lawless action.

According to Brandenburg v. Ohio, the government can limit speech when speech

Civil liberties

Basic freedoms to think and act that all people have and that are protected against government abuse

Procedural due process

Due process that requires the government to follow certain procedures before punishing a person

Symbolic speech

Communication of ideas through symbols and actions

-The establishment clause declares that government cannot take actions that create an official religion or support one religion over another. -The free exercise clause, on the other hand, guarantees each person the right to hold any religious beliefs they choose

Compare the establishment clause and the free exercise clause.

Selective incorporation

Concept that certain protections of civil rights are essential to the due process of law

False

Courts have ruled that bail is excessive if it is more than the defendant can afford.

Civil law

Covers private disputes between people over property or relationships

Treason

Crime of making war against the United States or giving "aid and comfort" to its enemies

Libel

Defamation on print

Search warrant

Document that gives police legal authority to search private property

-Civil liberties are basic freedoms to think and to act that all people have and that are protected against government abuse. -For example, the First Amendment's guarantee of religious freedom protects a civil liberty. -Civil rights are rights that involved equal status and treatment and the right to participate in government. -The First Amendment's guarantee of the right to petition government helps protect a civil right

Explain how the Bill of Rights protects both civil liberties and civil rights.

-protect the right of states to form militias -ease the fears of those who worried about the power of a standing army controlled by the federal government

Explain why the Second Amendment was included in the Bill of Rights.

Due process

Following established and complete procedures

Indictment

Formal complaint of criminal wrongdoing

Prior restraint

Government action that seeks to prevent materials from getting published

Free exercise clause

Guarantees each person the right to hold any religious beliefs they choose

-Students might say that the display will be held unconstitutional if the court finds that it promotes a particular religious belief (McCreary County v. ACLU of Kentucky). -Or, if is part of a historical display, the court might rule the it does not violate the establishment clause(Van Orden v. Perry)

If a county courthouse in your state were to display the Ten Commandments, and a lawsuit were filed claiming that the display violates the establishment clause, do you think that the court will rule that the display is constitutional? Provide reasons for your answer.

Indictment

If a grand jury believes that enough evidence exists to charge a person with a crime, what does it issue?

seizure

Legally speaking, when a police officer stops someone, it is considered

Miranda warnings

List of certain constitutional rights possessed by those accused of crimes

(1)A law must have a secular purpose. (2)A law's major effects must neither advance nor inhibit religion. (3)A law must not encourage "excessive government entanglement with religion."

List the three standards of the Lemon Test.

Bail

Money pledged by the accused as a guarantee that he or she will return to court for trial

Establishment clause

Part of the First Amendment that declares that government can't create an official religion or support one religion over another

Capital punishment

Punishment by death

Freedom of association

Right to join with others, share ideas, and work toward a common purpose

Civil rights

Rights of fair and equal status and treatment and the right to participate in government

Privacy

Roe v. Wade involved the right to

Exclusionary rule

Rule that evidence obtained illegally may not be used against a person in court

Sedition

Speech or actions that inspire revolt against the government

Double jeopardy

Standing trial twice for the same offense

Criminal law

System for dealing with crimes and their punishments

Probable cause

The strong likelihood that they would find evidence of a crime

True

To win ratification of the Constitution, its supporters agreed to add a bill of rights as soon as the new national government met.

has never been the subject of a Supreme Court case

What is true about the Third Amendment?

only when cases are brought before them

When can courts issue rulings?

when it is greater than the amount judged necessary to ensure a suspect's appearance at trial

When is bail considered excessive?