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American Constitutional Law Flashcards

American Constitutional Law Flashcards
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Tenth Amendment

Dictates that powers not held or restricted by the federal government are held by states

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Third Amendment

Protects citizens from being legally forced to house soldiers during peacetime.

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Ninth Amendment

Amendment that protects the unspecified personal rights of a citizen - such as the right to choose your profession or partner - that is controversial due to its lack of specificity.

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Griswold v. Connecticut

The 1965 Supreme Court ruling in favor of the right to privacy in marriage and medical situations, including the use of contraception, argued via the Ninth Amendment.

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Dickerson v. United States

A 2000 Supreme Court ruling that upheld Miranda rights as an aspect of national culture.

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Miranda v. Arizona

The 1960s Supreme Court ruling requiring law enforcement to dictate a suspect's rights before they are questioned, changing the way policemen performed their duties.

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Main negative aspect of Miranda v. Arizona ruling

Potential criminals could be released because of a technicality.

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Substantive due process

The government reserves the right to interfere with the rule of law in cases where fundamental rights such as life, liberty, and property are threatened.

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Procedural due process

The fair assessment of a citizen by a government in a trial or other judicial process before taking legal action against life, liberty, or property. Procedural due process must follow the rule of law.

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19 cards in set

Flashcard Content Overview

This set of flashcards on American Constitutional Law can help you study for a related exam or review important Supreme Court rulings related to the amendments. This set includes a description of almost all of the first fourteen amendments, including the scope of the rights and how they influence government, businesses, and individuals.

Front
Back
Procedural due process

The fair assessment of a citizen by a government in a trial or other judicial process before taking legal action against life, liberty, or property. Procedural due process must follow the rule of law.

Substantive due process

The government reserves the right to interfere with the rule of law in cases where fundamental rights such as life, liberty, and property are threatened.

Main negative aspect of Miranda v. Arizona ruling

Potential criminals could be released because of a technicality.

Miranda v. Arizona

The 1960s Supreme Court ruling requiring law enforcement to dictate a suspect's rights before they are questioned, changing the way policemen performed their duties.

Dickerson v. United States

A 2000 Supreme Court ruling that upheld Miranda rights as an aspect of national culture.

Griswold v. Connecticut

The 1965 Supreme Court ruling in favor of the right to privacy in marriage and medical situations, including the use of contraception, argued via the Ninth Amendment.

Ninth Amendment

Amendment that protects the unspecified personal rights of a citizen - such as the right to choose your profession or partner - that is controversial due to its lack of specificity.

Third Amendment

Protects citizens from being legally forced to house soldiers during peacetime.

Tenth Amendment

Dictates that powers not held or restricted by the federal government are held by states

Fifth Amendment

Protects a citizen's right to due process and forbids individuals from being legally detained without being first indicted and from being prosecuted twice for the same offense (double jeopardy).

Fourteenth Amendment

Ensures equal protection of each American-born citizen's right to life, liberty, and property regardless of class, race, or religious affiliation. Prohibits activities like police profiling.

First Amendment

Protects citizens' and commercial entities' freedom of speech, press, to assemble, and to make government petitions. Can be used by a company to defend a controversial slogan or image.

Content-neutral restrictions on the First Amendment

Restrictions of time, place, or manner of commercial speech to help ensure the appropriate audience is reached.

Sixth Amendment

Protects a citizen's right to legal representation and a fair jury.

Bad Frog Brewery v. New York State Liquor Authority

Supreme Court case in which it was decided that business entities have First Amendment rights.

Fourth Amendment

Requires law enforcement to have a warrant or probable cause before interfering with an individual's private property.

Kyllo v. United States

A 1990s case in which law enforcement used thermal imaging on Kyllo's home. Kyllo won an appeal, claiming it was an illegal search and violated his Fourth Amendment rights, but the sentence was upheld.

First Amendment: Limitations Related to False Advertising

This amendment does not protect businesses that make false claims about the health or wellness benefits of their products.

Miranda Rights

Police officers are required to tell individuals who are being arrested about this set of protections that are guaranteed by the Constitution. They were upheld by Dickerson v. United States.

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