By The People, Chapter 5 – Flashcards
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limits placed on government so that people can freely exercise their rights
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civil liberties
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Using the Fourteenth Amendment to extend protections from the Bill of Rights to the state governments is called...
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incorporation
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Extending protections from the Bill of Rights to the state governments, one right at a time is called...
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selective incorporation
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The system of racial segregation in the South that lasted from 1890 to 1965 is known as
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Jim Crow segregation
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The school of thought that the Constitution grows and changes and must be read in the context of the times is
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pragmatism
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The school of thought that limits judges to what is explicitly stated in the Constitution's text is called
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originalism
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What is the name for guiding principles that help governments make judgment calls?
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judicial standards
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In the First Amendment, the principle that government may not establish an official religion is the
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establishment clause
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The free practice clause falls under the
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first amendment
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The principles articulated in the Lemon test for judging whether a law establishes a religion are called
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strict separation
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Hostile statements based on someone's innate characteristics such as race, ethnicity, or sexual orientation are called
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hate speech
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The "clear and present danger" test falls under
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freedom of speech
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A legal effort to stop speech before it occurs—in effect, censorship—is called
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prior restraint
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A legal effort to stop speech before it occurs—in effect, censorship—is called
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double jeoprady
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Legislation passed in the aftermath of the September 11, 2001, attacks that sought to enhance national security is called
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USA Patriot Act
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When some Americans protested against building a mosque near Ground Zero in New York City, they were infringing on Muslim Americans'
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freedom of assembly
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slowly incorporated the Bill of Rights and applied it to the states
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14th amendment
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In 1973 the right to privacy led to one of the most controversial Court decisions ever, in the case of
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Roe v Wade
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In a blockbuster case, Engel v. Vitale (1962), the Court ruled that New York's practice of starting the school day with a prayer violated the
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establishment clause
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Sherbert or balancing test &
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free exercise of religion
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According to the textbook, the Supreme Court gives the First Amendment (freedom of speech, religion, press, and assembly, and the right to petition government) a "preferred position" among all the amendments to the Constitution because
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democracy requires a vigorous debate
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When Clarence Brandenberg burned his cross, he engaged in a form of speech known as
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symbolic expression
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When the Nixon administration went to court to block the New York Times from publishing the Pentagon Papers, it was abusing
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the principle of prior restraint
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________ is subjected to the Miller test
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obscenity
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The Supreme Court ruled that the Second Amendment individual right to bear arms applies to
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states and national government
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According to the text, the biggest concern with 2.3 million Americans behind bars is
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children without parents
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The Miranda warnings have become "part of national culture" because every
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tv cop show ends with miranda warnings
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Critics of the Patriot Act charge, most importantly, that the United States is now so focused on fighting terrorists that it is
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trampling on the constitition
