Terms 2 Flashcards
Capital punishment
Imposition of the death penalty on a person by the state
Balancing test
Precedents set in the case of Schneck v US first Amendment rights.
Free-speech rights of individuals way against border needs of society
Civil liberties
Basic freedoms under the Constitution such as speech and religion
Civil rights
Equal rights and treatment under the law: trial by jury and voting
Clear and present danger
Schneck v US case. Limitations of free speech if it is to directly harm others
Cruel and unusual punishment
Eighth amendment. Criminal punishment which is considered unacceptable due to suffering and humiliation of the condemned person
Double Jeopardy
Persecution of a crime for the second time after already having them try out and pleaded innocent the first time
Due process Clause
National Government cannot take a citizens life liberty or property without process of law
Equal Protection Clause
No state may “deny equal protection of the laws” to any person within the state 14th amendment
Free Exercise Clause
1st amendment guarantee that citizens may freely engage in the religious activities of their choice
Incorporation
Process by which the Supreme Court applies the bill of rights to the states through the due process clause of the 14 amendments
Libel
Publishing false info. About someone on Internet to cause harm
Lemon Test
3 part test for establishment clause cases.
The law must pass these tests before it is declared constitutional:
-must have secular purpose
-must neither advance nor prohibit religion; must not cause excessive entanglement with religion
Militia
civilians trained as soldiers nut not part pf the regular army. 2nd amendment they considered to be the national guard of state
Reserved Powers
powers that the constitution does not give to the national government that are kept by the states
