goverment - Chapter 4 Civil liberties the personal...

Chapter 4:
Civil liberties: the personal guarantees and freedoms that the government
cannot abridge by law, constitution, or judicial interpretation.
Civil rights: the government- protected rights of individuals against arbitrary or
discriminatory treatment by governments or individuals.
Bill of Rights: the first ten amendments to the U.S. Constitution, which largely
guarantee specific rights and liberties.
Ninth Amendment: Part of the Bill of Rights that makes it clear that
enumerating rights in the Constitution or Bill of Rights does not mean that
others do not exist.
Tenth Amendment: The final part of the Bill of Rights that defines the basic
principle of American federalism in stating that the powers not delegated to
the national government are reserved to the states or to the people.
Due process Clause: clause contained in the Fifth and Fourteenth
Amendments; over the years, it has been construed to guarantee a variety of
rights to individuals.
Substantive due process: Judicial interpretation of the Fifth and Fourteen
Amendments’ due process clauses that protects citizens from arbitrary or
unjust state or feral laws.
Incorporation doctrine: an interstation of the Constitution holding that the due
process clause of the Fourteenth Amendment requires state and local
governments to guarantee the rights stated in the Bill of Rights.
Selective incorporation: A judicial doctrine whereby most, but not all,
protections found in the Bill of Rights are made applicable to the states via the
Fourteenth Amendment.
Fundamental freedoms: Those rights defined by Court as essential to order,
liberty, and justice and therefore entitled to the highest standard of review.
First Amendment: Part of the Bill of Rights that imposes a number of
restriction on the federal government with respect to civil liberties, including
freedom of religion, speech, press, assembly, and petition.
Establishment clause: the first clause of the First Amendment; it directs the
national government not to sanction an official religion.
Free exercise clause: 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.
Lemon test: Three-part test created by the Supreme Court for examining the
constitutionality of religious establishment issues.
Prior restrain: 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: Test articulated by the Supreme Court in
Schenk v. U.S (1919) to draw the line between protected and unprotected
speech; the Court looks to see “whether the words used” could “create a clear

and present danger that they will bring about substantive evils” that Congress
seeks “to present.”
Direct incitement test: Test articulated by the Supreme Court in Brandenburg
v. Ohio (1969) holding that the First Amendment protects advocacy of illegal