Absolutist View (1^st Amend)

the principle or the exercise of complete and unrestricted power in government

ACLU

American organization that defends the rights of the individual (such as free speech, freedom of choice, protection from discrimination, etc.)

Article One, section 6

a member of congress cannot be arrested unless he/she committed a felony and member of congress cannot take on another position while they are in office

Bill of Rights

a formal statement of the fundamental rights of the people of a nation; such a statement incorporated in the U.S. Constitution as Amendments 1 - 10, and in all the state constitutions

bills of attainder

no person could be punished without a trial

The Burger Court

Warren Burger was the former Chief Justice from 1969-1986

President Bush’s warrantless wiretaps

the government has the right to tap into peoples phone lines and listen to conversations for national security without a warrant

Church Committee

A group of people who found crime within the government headed by Senator Frank Church

Civil Liberties

Clear and Present Danger test

Communications Decency Act

where the government can censer obscene material

COINTELPRO

covert, often illegal projects conducted by the FBI aimed at disrupting or infiltrating domestic public organizations

Collective-Right Theory (2^nd Amend) 

it asserts that citizens do not have an individual right to possess guns and that local governments have a right to monitor this

cruel and unusual punishment

when a court  cannot sentence a cruel or unusual punishment to someone who committed a crime

Direct and Immediate Harm 

to avoid harm immediately

due process clause (5^th and 14^th)

this prevents someone to be prosecuted without certain steps to be taken

eminent domain

this prevents someone to be prosecuted without certain steps to be taken

Equal Protection Clause

this prohibits states from denying any person within its jurisdiction the equal protection of the laws

Espionage Act of 1917

Establishment Clause

this prohibits the government from making any law establishing an official religion

ex post facto laws

a law that retroactively changes the legal consequences (or status) of actions committed or relationships that existed prior to the enactment of the law

exclusionary rule

If evidence illegally seized by law enforcement officers in violation of a suspects right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.

First Amendment Rights

Federalist #45

James Madison argued in the 45th federalist paper that  the strength of the Federal government does not pose danger to the individual states

Federalist #84

Alexander Hamilton argued in the 84^th federalist paper that a Bill of Rights was not a necessary component of the Constitution

Felony Murder

any time death occurs during a serious felony (rape, etc.) it is a first degree murder and anyone participating in the felony can be held equally accountable

Foreign Intelligence Surveillance Act

the US can send spies into other countries if it is deemed to be a threat to the country

FISA Courts

handles domestic wiretaps and issues 

14^th Amendment

all people born in the united states are to be given full citizenship

free exercise clause

any American citizen has the right to accept any religious belief

habeas corpus

when  an inmate wants to have a court case to decide wither the person should be released from custody

Holmes’ Dissent in Abrams

- Oliver Holmes, a former associate justice on the supreme court said in his dissent in the case US v Abrams that the constitution was, “an experiment, as all life is an experiment.”

Imminent and Likely Lawless Action

it defines the limits of constitutionally protected speech

Incorporation Doctrine

selected provisions of the Bill of Rights are made applicable to the states through due process

Individual-Right Theory (2^nd Amend)

any person has political and economical freedom (voting)

Internal Security Act of 1950

it subjected all members of designated Communist-action organizations to regulation by federal government

judicial review

a courts authority to examine or legislate act and to invalidate that act if it is contrary to constitutional principles

Libel

defamation by written or printed words, pictures, or in any from other than by spoke words or gestures

John Milton’s “Marketplace of Ideas”

the idea that there should be no censorship in governemnt

Obscenity

the quality or state of being obscene

The Patriot Act

to deter and punish terrorists acts in the US and around the world

The Pentagon Papers

the papers with the NY Times were going to publish and were sued in NY times V. US

Penumbras

an extension of protection guaranteed within our rights

Political Correctness

it denotes language, ideas, policies, and behavior seen as seeking minimize social offense

Prior Restraint

a government restriction of speech prior to publication

Privacy Rights

every person has a right to be private form others

Privileges and Immunities Clause

this places citizens of each state on an equal basis with citizens of other states

Public Forums

a forum set aside by government for expressive activities

Sedition Act of 1798

the legislation was sponsored by the federalists to strengthen the government and to quell any opposition for the thither political party, the republicans

The Sedition Act of 1918

this act disbanded people to say bad things about the government

Smith Act

this said that there are criminal penalties for saying you are trying to overthrow the US government

Shield Law

this provides reporters the right to no testify for info or sources

Substantive Due Process

this says that due process also requires substantive rights

symbolic speech

nonverbal gestures and actions that are meant to communicate a message

unreasonable search and seizures

- police need a warren to go into a house and cannot make someone take off their clothes to search them

The Warren Court

When Earl Warren was the chief justice from 1953 to 1969