Chapter 4 + ammendments Flashcards
(23 cards)
What are civil liberties?
Civil liberties are basic freedoms that the government can’t take away, like freedom of speech, religion, and the right to a fair trial
What is the incorporation doctrine?
The incorporation doctrine means that the rights in the Bill of Rights also apply to state and local governments, not just the federal government.
What is prior restraint?
Prior restraint means the government tries to stop something from being published or said before it happens
Symbolic Speech
Nonverbal communication, such as burning a flag or wearing an armband.
The Supreme Court has accorded some symbolic speech protection under the First Amendment.
Exclusionary Rule
The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner. The rule prohibits use of evidence obtained through unreasonable search and seizure.
To pass an amendment you need
two-thirds of both houses of Congress and ratification by three-fourths of the states.
4th amendment
- Protection from unreasonable searches and seizures
5th amendment
- Right to due process, no self-incrimination, no double jeopardy
6th amendment
- Right to a fair, speedy, and public trial
8th amendment
- No cruel or unusual punishment, no excessive bail
10th amendment
- Powers not given to the federal government go to the states/people
12th amendment
- Revises presidential election procedures (President and VP run together)
13th amendment
- Abolishes slavery
14th amendment
- Defines citizenship, guarantees equal protection under the law
15th amendment
- Right to vote can’t be denied based on race
17th amendment
The 17th Amendment to the U.S. Constitution means that people (not state legislatures) vote directly to elect U.S. Senators
19th Amendment
- Women’s right to vote
22nd Amendment
- Limits President to two terms
24th amendment
The 24th Amendment says that people can’t be charged a fee (called a poll tax) to vote in federal elections
25th amendment
The 25th Amendment explains what happens if the President can’t do their job—like if they die, resign, get sick, or are removed.
26th amendment
- Lowers voting age to 18
Plea barging
A bargain struck between a defendant’s lawyer and a prosecutor to the effect that the defendant will plead guilty to a lesser crime (or to fewer crimes) in exchange for the state’s promise not to prosecute the defendant for a more serious crime or for additional crimes.
Due process
Due process means the government must follow fair rules and procedures before taking away someone’s life, liberty, or property
