Civil Liberties - Answers Personal guarantees and freedoms that the federal government cannot
abridge by law, constitution, or judicial interpretation.
Civil Rights - Answers Th government-protected rights of individuals against arbitrary or
discriminatory treatment.
Ninth Amendment - Answers Part of the Bill of Rights that reads "The enumeration in the
Constitution, or certain rights, shall not be constued to deny or disparage others retained by the
people."
Due Process Clause - Answers Clause contained in the Fifth and Fourteenth Amendments. Has been
construed to guarantee to individuals variety of rights ranging from economic liberty to criminal
procedural rights to protection from arbitrary governmental action.
Substantive Due Process - Answers Judicial interpretation of the Fifth and Fourteenth Amendments'
due process clauses that protects citizens from arbitrary or unjust laws.
Incorporation Doctrine - Answers An interpretation of the Constitution that holds that the due
process clause of the Fourteenth Amendment requires that state and local governments also
guarantee the rights stated in the Bill of Rights.
Selective Incorporation - Answers 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 - Answers Part of the Bill of Rights that imposes a number of restrictions on the
federal government with respect to the civil liberites of the people, including freedom of religion,
speech, press, assembly, and petition.
Establishment Clause - Answers The first clause in the First Amenment; it prohibits the national
government from establishing a national government.
Free Exercise Clause - Answers The second clause of the First Amendment; it prohibits the U.S.
government from interfering with a citizens' right to practice his or her religion.
Prior Restrain - Answers Constitutional doctrine that prevents the government from prohibiting
speech or publication before the fact; generally held to be in violation of the First Amendment.
Clear and Present Danger Test - Answers Test articulated by the Supreme Court in Schenck v. U.S.
(1919) to draw the line between protected and unprotected speech; the Court looks wo see "whether
the words used" could "create a clear and present danger that they will bring about substantive evils"
that Congress seeks "to prevent."
Direct Incitement Test - Answers Test articulated by the Supreme Court in Brandenburg v. Ohio (1969)
that holds that advocacy of illegal action is protected by the First Amendment unless imminent
lawless action is intended and likely to occur.
Symbolic Speech - Answers Symbols, signs, and other methods of expression generally also
considered to be protected by the First Amendment.
Libel - Answers False written statement or a written statement tending to call someone's reputation
into disrepute.
Slander - Answers Untrue spoken statements that defame the character of a person.
New York Times Co. v. Sullivan (1964) - Answers The Supreme Court concluded that "actual malice"
must be proved to support a finding of libel against a public figure.
Fighting Words - Answers Words that, "by their very utterance inflict injury or tend to incite an
immediate breach of peace." Fighting words are not subject to the restrictions of the First
Amendment.
Writs of Habeas Corpus - Answers Court orders in which a judge requires authorities to prove that a
prisoner is being held lawfully and that allows the prisoner to be freed if the judge is not persuaded by
the government's case. Implies that prisoners have a right to know what charges are being made
against them.
Ex Post Facto Law - Answers "after the fact," a law that applies to actions commited before the law
was passed. Prohibited by the Constitution.
Bill of Attainder - Answers A legislative act that inflicts punishment on individuals without any kind of
judicial action. Prohibited by the Constitution.
Fourth Amendment - Answers Part of the Bill of Rights that reads: "The right of the people to be
secure in their persons, houses, papers, and effects, against unreasonable seaches and seizures, shall
not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath of
affirmation, and particularly describing the place to be searched, and the persons or things to be
seized.
abridge by law, constitution, or judicial interpretation.
Civil Rights - Answers Th government-protected rights of individuals against arbitrary or
discriminatory treatment.
Ninth Amendment - Answers Part of the Bill of Rights that reads "The enumeration in the
Constitution, or certain rights, shall not be constued to deny or disparage others retained by the
people."
Due Process Clause - Answers Clause contained in the Fifth and Fourteenth Amendments. Has been
construed to guarantee to individuals variety of rights ranging from economic liberty to criminal
procedural rights to protection from arbitrary governmental action.
Substantive Due Process - Answers Judicial interpretation of the Fifth and Fourteenth Amendments'
due process clauses that protects citizens from arbitrary or unjust laws.
Incorporation Doctrine - Answers An interpretation of the Constitution that holds that the due
process clause of the Fourteenth Amendment requires that state and local governments also
guarantee the rights stated in the Bill of Rights.
Selective Incorporation - Answers 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 - Answers Part of the Bill of Rights that imposes a number of restrictions on the
federal government with respect to the civil liberites of the people, including freedom of religion,
speech, press, assembly, and petition.
Establishment Clause - Answers The first clause in the First Amenment; it prohibits the national
government from establishing a national government.
Free Exercise Clause - Answers The second clause of the First Amendment; it prohibits the U.S.
government from interfering with a citizens' right to practice his or her religion.
Prior Restrain - Answers Constitutional doctrine that prevents the government from prohibiting
speech or publication before the fact; generally held to be in violation of the First Amendment.
Clear and Present Danger Test - Answers Test articulated by the Supreme Court in Schenck v. U.S.
(1919) to draw the line between protected and unprotected speech; the Court looks wo see "whether
the words used" could "create a clear and present danger that they will bring about substantive evils"
that Congress seeks "to prevent."
Direct Incitement Test - Answers Test articulated by the Supreme Court in Brandenburg v. Ohio (1969)
that holds that advocacy of illegal action is protected by the First Amendment unless imminent
lawless action is intended and likely to occur.
Symbolic Speech - Answers Symbols, signs, and other methods of expression generally also
considered to be protected by the First Amendment.
Libel - Answers False written statement or a written statement tending to call someone's reputation
into disrepute.
Slander - Answers Untrue spoken statements that defame the character of a person.
New York Times Co. v. Sullivan (1964) - Answers The Supreme Court concluded that "actual malice"
must be proved to support a finding of libel against a public figure.
Fighting Words - Answers Words that, "by their very utterance inflict injury or tend to incite an
immediate breach of peace." Fighting words are not subject to the restrictions of the First
Amendment.
Writs of Habeas Corpus - Answers Court orders in which a judge requires authorities to prove that a
prisoner is being held lawfully and that allows the prisoner to be freed if the judge is not persuaded by
the government's case. Implies that prisoners have a right to know what charges are being made
against them.
Ex Post Facto Law - Answers "after the fact," a law that applies to actions commited before the law
was passed. Prohibited by the Constitution.
Bill of Attainder - Answers A legislative act that inflicts punishment on individuals without any kind of
judicial action. Prohibited by the Constitution.
Fourth Amendment - Answers Part of the Bill of Rights that reads: "The right of the people to be
secure in their persons, houses, papers, and effects, against unreasonable seaches and seizures, shall
not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath of
affirmation, and particularly describing the place to be searched, and the persons or things to be
seized.
