Key Terms
Civil liberties
Limitations on government power; protect freedoms the government cannot legally intrude upon.
Example
A public university cannot deny admission based on race.
Civil rights
Guarantees of equal treatment; government must treat people fairly regardless of race, gender, age, etc.
Bill of attainder
Law that convicts/punishes someone without a trial. Prohibited.
Writ of habeas corpus
Demands a neutral judge decide if someone is lawfully detained. Congress can only suspend this in narrow circumstances.
Selective incorporation
The gradual, ongoing process of making Bill of Rights protections binding on state governments through Supreme Court dec
Ceremonial deism
Acknowledgment of God in a broad, non-substantive way (e.g., "In God We Trust" on currency, "under God" in the Pledge).
School prayer
Official, organized prayer by teachers or coaches is unconstitutional. Voluntary, non-disruptive student prayer is prote
Four rights grouped together
Free speech, free press, free assembly, right to petition.
Prior restraint
Government prohibition of publication before it occurs. Generally unconstitutional.
Assembly and petition
Right extends even to groups with views most people find offensive (Nazis, Westboro Baptist Church). Government may regu
Search
Effort to locate documents or contraband. Seizure: taking of items as evidence, or detaining a person.
General rule
Police need a search warrant - a legal document signed by a judge - before conducting a search or seizure. Warrant requi
Probable cause
Legal standard that there is reasonable basis to believe a crime has been committed or evidence will be found. Lower thr
Three prohibitions
Excessive bail, excessive fines, cruel and unusual punishment.