| A | B |
|---|
| Bill of Rights | adopted in 1791 by the states two years after the ratification of the Constitution, it established the basis of civil liberties for Americans. |
| Civil liberties | those rights of the people that are protected by the Bill of Rights. |
| Clear and Present Danger Doctrine | established in Schenck v United States (1919), it gives the government the right to censor free speech if, during national emergencies such as war, it can be proven that the result of the speech will significantly hurt national security. |
| Cruel and unusual punishment | doctrine found in the Eighth Amendment to the Constitution that prohibits the federal government from imposing excessive penalties for crimes committed. |
| Double jeopardy | legal concept wherein once a verdict is handed down, you cannot be tried again for the same crime |
| Establishment clause | component of the First Amendment to the Constitution that defines the right of the citizens to practice their religions without governmental interference. |
| Exclusionary rule | rule that resulted from the Mapp v Ohio decision determining that police may obtain only that evidence that can be had through a legitimate search warrant. |
| Fighting words doctrine | established in Chaplinsky v New Hampshire (1942), the decision incorporated into state law the concept that the government can limit free speech if it can be proved that the result of speech will cause physical violence |
| Gitlow v New York | landmark decision in that the Supreme Court incorporated the First Amendment to a state case for the first time |
| Incorporation of the Fourteenth Amendment— | doctrine that made the Bill of Rights apply to the states as a result of Supreme Court decisions. |
| Indictment | a formal list of charges made by a grand jury and guaranteed in the Fifth Amendment. |
| Judicial federalism | the extension of the Bill of Rights to the citizens of the states, creating a concept of dual citizenship, wherein a citizen was under the jurisdiction of the national government as well as state governments. |
| Living will | a legitimate document that can be used to direct a hospital to allow an individual to direct a medical facility not to use extraordinary means such as life support to keep a patient alive |
| Miranda rights | those rights directing police to inform the accused upon their arrest of their constitutional right to remain silent, among others |
| Procedural due process | a series of steps that are established by the Fifth, Sixth, and Seventh Amendments that protect the rights of the accused at every step of the investigation. |
| Separation of church and state | Also known as the "establishment clause," it is part of the First Amendment to the Constitution prohibiting the federal government from creating a state-supported |
| Substantive due process | legal process that places limits related to the content of legislation and the extent government can use its power to enact unreasonable laws. |
| Symbolic speech | forms of free speech guaranteed under the First Amendment to the Constitution, such as wearing a black armband to protest a governmental action or burning an American flag in protest for political reasons |
