Chapter 4

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1

habeas corpus

a court order demanding that an individual in custody be brought into court and shown the cause for detention

2

bill of attainder

a law that declares a person guilty of a crime without a trial

3

ex post facto laws

laws that declare an action to be illegal after it has been committed

4

due process of law

the right of every citizen against arbitrary action by national or state governments

5

selective incorporation

the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments

6

necessary and proper clause

Article 1, Section 8, of the Constitution, which provides Congress with the authority to make all laws "necessary and proper" to carry out its expressed powers

7

libel

a written statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory"

8

slander

an oral statement made in "reckless disregard of the truth" that is considered damaging to the victim because it is "malicious, scandalous, and defamatory"

9

"clear and present danger" test

test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society

10

free exercise clause

the First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses

11

establishment clause

the First Amendment clause that says that "Congress shall make no law respecting an establishment of religion." This law means that a "wall of separation" exists between church and state

12

exclusionary rule

the ability of courts to exclude evidence obtained in violation of the Fourth Amendment

13

Miranda rule

the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of a legal counsel

14

Fourth Amendment

guarantee the security of citizens against unreasonable searches and seizures

15

Griswold v. Connecticut

1965 decision that the Constitution implicitily guarantees citizens' right to privacy

16

Miranda v. Arizona

1966 ruling that upon arrest, a suspect has the right to remain silent and the right to consult with a lawyer

17

balancing doctrine

allowed courts to balance freedom of speech against other public interest

18

Fifth Amendment

right to a grand jury, protection from double jeopardy and self-incrimination, and protection against the taking of private property (eminent domain)

19

Sixth Amendment

right to counsel, speedy trial, and confront witnesses before an impartial jury

20

Eighth Amendment

no excessive bail or fines and no cruel and unusual punishment