Glossary
Bill of Rights
The first ten amendments to the U.S. Constitution, ratified in 1791, designed to protect individual liberties from government infringement.
Example:
The Bill of Rights ensures that citizens have fundamental protections like freedom of speech and the right to a fair trial.
Civil liberties
Basic rights and freedoms guaranteed by the Constitution and laws that protect individuals from government interference.
Example:
Your right to protest peacefully against a government policy is an example of a civil liberty.
Clear and present danger
A legal test established by the Supreme Court to determine when speech can be limited, specifically if it poses an immediate and significant threat to public safety or order.
Example:
Shouting "fire!" in a crowded theater when there is no fire is an example of speech that could be restricted under the clear and present danger test.
Eighth Amendment
Prohibits excessive bail and fines, as well as cruel and unusual punishments.
Example:
A judge setting an extremely high bail for a minor offense could be challenged under the Eighth Amendment.
Exclusionary rule
A legal principle that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a criminal trial.
Example:
If police conduct an illegal search and seize evidence without a warrant, the exclusionary rule would likely prevent that evidence from being used against the suspect in court.
Fifth Amendment
Guarantees due process, protection against self-incrimination (right to remain silent), double jeopardy, and eminent domain.
Example:
When a suspect "pleads the fifth," they are invoking their Fifth Amendment right against self-incrimination.
First Amendment
Protects fundamental freedoms including speech, religion, press, assembly, and the right to petition the government.
Example:
A student wearing an armband to protest a war is often protected under the First Amendment as symbolic speech.
Fourth Amendment
Protects individuals from unreasonable searches and seizures by the government, requiring probable cause for warrants.
Example:
Police generally need a warrant based on probable cause to search your home, thanks to the Fourth Amendment.
Judicial review
The power of the courts to determine whether acts of the legislative and executive branches are constitutional.
Example:
In Marbury v. Madison, the Supreme Court established the principle of judicial review, allowing it to strike down unconstitutional laws.
Ninth Amendment
States that the enumeration of specific rights in the Constitution does not mean that other rights retained by the people are denied.
Example:
The right to privacy, though not explicitly listed, is often considered a right protected by the Ninth Amendment.
Second Amendment
Guarantees the right of the people to keep and bear arms, often interpreted in relation to a well-regulated militia.
Example:
Debates over gun control often center on the interpretation and scope of the Second Amendment.
Selective Incorporation
The process by which the Supreme Court has applied provisions of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment.
Example:
The Supreme Court used selective incorporation in Gideon v. Wainwright to apply the Sixth Amendment's right to counsel to state criminal trials.
Seventh Amendment
Preserves the right to a jury trial in civil cases where the value in controversy exceeds a certain amount (originally $20).
Example:
If you sue someone for damages in a car accident, the Seventh Amendment might guarantee your right to a jury trial.
Sixth Amendment
Ensures the right to a speedy and public trial, an impartial jury, to be informed of charges, to confront witnesses, and to have legal counsel.
Example:
The right to an attorney, even if you cannot afford one, is a crucial protection provided by the Sixth Amendment.
Symbolic speech
Nonverbal actions or expressions that convey a particular message or viewpoint.
Example:
Burning an American flag as a form of protest is considered symbolic speech and is generally protected under the First Amendment.
Tenth Amendment
Affirms that powers not delegated to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or the people.
Example:
State control over education policy is largely due to the powers reserved to the states by the Tenth Amendment.
Third Amendment
Prohibits the quartering of soldiers in private homes without the owner's consent during peacetime.
Example:
While rarely litigated today, the Third Amendment reflects a historical grievance against British military practices.
United States Constitution
The supreme law of the United States, adopted in 1787, which establishes the framework for the federal government.
Example:
The United States Constitution outlines the powers of Congress, the President, and the Supreme Court, creating a system of checks and balances.