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Schwartz AP Gov 14
Civil Liberties
| Term | Definition |
|---|---|
| Barron v Baltimore (1833) | Supreme Court ruled that the Bill of Rights did not restrain state action (later overturned) |
| clear and present danger test | the balance between the demands of free expression and a government's need to protect a free society |
| due process | a fundamental fairness concept that ensures a legitimate democracy in government |
| Engle v Vitale (1962) | Supreme Court ruled that prayer in public school violated the Establishment Clause |
| establishment clause | prevents the federal government from establishing a national religion |
| exclusionary rule | states that evidence the government finds or takes in violation of the 4th Amendment can be excluded from trial |
| free exercise clause | prevents governments from stopping religious practices |
| Gideon v Wainwright (1963) | Supreme Court ruled that all states must pay for public defenders in cases where defendants cannot afford one |
| Griswold v Connecticut (1965) | Supreme Court ruled an old anti-birth control state law was in violation of the Constitution |
| Lemon v Kurtzman (1971) | Supreme Court created a measure of whether or not the state violates the Establishment Clause (Lemon Test) |
| Mapp v Ohio (1961) | Supreme Court ruled that states must follow the 4th Amendment |
| Miranda v Arizona (1966) | Supreme Court ruled that once a suspect is in custody they must be read their rights and their Fifth Amendment right against self-incrimination stands |
| New Jersey v TLO (1985) | Supreme Court ruled that school administrators can search a student if they have probable cause |
| procedural due process | the manner in which the law is carried out |
| Schenck v US (1919) | Supreme Court ruled that the government could define prohibited speech and convict citizens for using it in times of clear and present danger |
| selective incorporation | states must also follow several Bill of Rights provisions through the 14th Amendment's Due Process clause |
| substantive due process | places limits on what laws can be created |
| Tinker v DesMoines (1969) | Supreme Court ruled that "students' constitutional rights do not stop at the schoolhouse gate" |
| wall of separation | Thomas Jefferson named this the separation between church and state |
| USA PATRIOT Act | the law covering intelligence gathering and sharing by executive branch agencies, points of criminal procedure and border protection |
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