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The persona guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation. |
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The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals. |
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The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties |
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Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that the others do not exist. |
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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. |
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Clause contained in the fifth and 14th amendment; over the years, it has been construed to guarantee to individuals a variety of rights. |
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Judicial interpretation of the 5th and 14th amendments' due process clauses that protects citizens from arbitrary or unjust state or federal law |
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An interpretation of the Constitution that holds that the due process clause of the 14th amendment requires that state and local government must also guarantee the rights stated in the Bill of Rights. |
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Part of the Bill of Right that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition |
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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 14th amendment |
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Those rights defines by the court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review. |
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The first clause of the 1st amendment; it directs the national government not to sanction an official religion |
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The second clause of the 1st amendment; it prohibits the U.S. government from interfering with a citizens rights to practice his or her religion. |
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The three part test created by the Supreme Court for examining the constitutionality of religions establishment issues. |
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Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the 1st amendment. |
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Clear and present danger test |
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Test articulated by the supreme court in Schenck v U.S. 1919 t draw the line between protected 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 prevent |
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Test articulated by the supreme court in Brandenburg v. Ohio that holds that advocacy of illegal action is protected by the first amendment unless imminent lawless action is intended and likely to occur. |
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Symbols, signs, and other methods f expressing generally considered to be protected by the first amendment. |
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Written statement that defames a persons character |
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Untrue spoken statements that defame the character of a person |
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Words that by their very utterance inflict injury of tend to incite an immediate breach pf peace. Fighting words are not subject to the restrictions of the first amendment. |
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Court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allow the prisoner to be freed id the judge is not persuaded by the government's case. ____ rights imply that prisoners have a right to now what charges are bring made against them. |
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Law that makes an act punishable as a crime even if the action was legal at the time it was committed. |
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A law declaring an act illegal without judicial trial. |
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"The rights of the people to secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affermation, and particularly describing the place to be searched, and the persons of things to be seized. |
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Imposes the number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. It provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without due process of law. It also prevents the national government from taking property without just compensation. |
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A landmark supreme court ruling that held the 5th amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present. |
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Statements that must be made by the police informing a suspect of his or her constitutional rights protected by the 5th amendment, including the right to an attorney by the court if the suspect cannot afford one |
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Part of the 5th amendment that protects individuals from being tried twice for the same offense in the same jurisdiction |
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Judicially created rule that prohibits police from using illegally seized evidence at a trial |
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Part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel |
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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
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The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the 1st, 3rd, 4th, 9th and 14th. |
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The SC found that a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the 14th amendment |
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