American Politics Chapter 5 – Flashcards
Unlock all answers in this set
Unlock answersquestion
Accommodation
answer
The principle that government does not violate the establishment clause as long as it does not confer an advantage to some religions over others
question
Civil Liberties
answer
The limits on government that allow people to freely exercise their rights
question
Clear and Present Danger
answer
Court doctrine that permits restrictions of free speech if officials believe that the speech will lead to prohibited action such as violence or terrorism
question
Double Jeopardy
answer
The principle that an individual cannot be tried twice for the same offense
question
Establishment Clause
answer
In the First Amendment, the principle that government may not establish an official religion
question
Exclusionary Rule
answer
The ruling that evidence obtained in an illegal search may not be introduced in a trial
question
Fighting Words
answer
Expressions inherently likely to provoke violent reactions and not necessarily protected by the First Amendment
question
Free Exercise Clause
answer
In the First Amendment, the principle that government may not interfere in religious practice
question
Hate Speech
answer
Hostile statements based on someone's personal characteristics, such as race, ethnicity, religion, or sexual orientation
question
Judicial Rules
answer
Hard-and-fast boundaries between what is lawful and what is not
question
Judicial Standards
answer
Guiding principles that help governments make judgment calls
question
Miranda Warnings
answer
A set of rights that police officers are required to inform suspects of, including the right to remain silent
question
Prior Restraint
answer
Legal effort to stop speech before it occurs - in effect, censorship
question
Selective Incorporation
answer
The extension of protections from the Bill of Rights to the state governments, one right at a time
question
Strict Separation
answer
The strict principles articulated in the Lemon test for judging whether a law establishes a religion
question
Symbolic Expression
answer
An act, rather than actual speech, used to demonstrate a point of view
question
Trustee Representation
answer
A jury that does not decide on guilt or innocence but only on whether there is enough evidence for the case to go to trial
question
USA Patriot Act
answer
Legislation that sought to enhance national security, passed in the aftermath of the September 11, 2001 terrorist attacks
question
Every right has
answer
limits
question
The 14th Amendment
answer
slowly incorporated the Bill of Rights and applied it to the states.
question
In 1973 the right to privacy led to one of the most controversial Court decisions ever, in the case of
answer
Roe v. Wade.
question
In a blockbuster case the Supreme Court ruled that New York's practice of starting the school day with a prayer violated the
answer
establishment clause.
question
Pick the correct match of test with right
answer
Sherbert or balancing test; free exercise of religion
question
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
answer
democracy requires a vigorous debate
question
When Clarence Brandenberg burned his cross, he engaged in a form of speech known as
answer
symbolic expression
question
When the Nixon administration went to court to block the New York Times from publishing the Pentagon Papers, it was abusing
answer
the principle of prior restraint
question
Obscenity is
answer
subjected to the Miller test.
question
Justice Scalia explained the Second Amendment has two parts: a preface about militias and
answer
the right to bear arms
question
Individuals cannot be tried for the same offense due to
answer
Double Jeopardy
question
The Miranda warnings have become "part of national culture" because
answer
every TV cop show ends with the Miranda warnings
question
Critics of the Patriot Act charge, most importantly, that the United States is now so focused on fighting terrorists that it is
answer
trampling on the Constitution
question
Removing restrictions, such as with the Patriot Act, means _____ rights
answer
limiting
question
The limits placed on government so that people can freely exercise their rights are called
answer
civil liberties
question
Using the Fourteenth Amendment to extend protections from the Bill of Rights to the state governments is called
answer
incorporation
question
Extending protections from the Bill of Rights to the state governments, one right at a time, is called
answer
selective incorporation
question
The penumbras of the _____ Amendment create "zones of privacy."
answer
First
question
The right to privacy came out of which Supreme Court case?
answer
Griswold v. Connecticut
question
The Constitution mentions privacy in Article _____.
answer
does not mention
question
What is the name for guiding principles that help governments make judgment calls?
answer
judicial standards
question
In the First Amendment, the principle that government may not establish an official religion is the
answer
establishment clause
question
The free practice clause falls under the
answer
First Amendment
question
The principles articulated in the Lemon test for judging whether a law establishes a religion are called
answer
strict separation
question
Free speech is important because democracy requires
answer
debate
question
The "clear and present danger" test falls under
answer
freedom of speech
question
A legal effort to stop speech before it occurs in effect, censorship is called
answer
prior restraint
question
The principle that an individual cannot be tried twice for the same offense is called
answer
double jeopardy
question
___________________ are limits on government so that people can freely exercise their rights
answer
Civil Liberties
question
___________________ extends protections from the Bill of Rights to the state governments
answer
Selective Incorporation
question
___________________ are hard and fast boundaries between what is lawful and what is not
answer
Judicial Rules
question
___________________ are guiding principles that help governments make judgment calls
answer
Judicial Standards
question
The ___________________ in the First Amendment states that the government may not establish an official religion
answer
Establishment Clause
question
___________________ in the First Amendment states that the government may not interfere in religious practice
answer
Free Exercise Clause
question
___________________ is principles articulated in the Lemon test for judging whether a law establishes a religion
answer
Strict Separation
question
The principle that government does not violate the establishment clause as long as it does not confer an advantage to some religions over others is known as ___________________
answer
Accommodation
question
Hostile statements based on someone's personal characteristics is ___________________
answer
Hate Speech
question
Court doctrine that permits restrictions of free speech if officials believe the speech will lead to prohibited action is known as ___________________
answer
Clear and present danger
question
___________________ is an act used to demonstrate a point of view
answer
Symbolic Expression
question
___________________ are expressions inherently likely to provoke violent reactions and not necessarily protected
answer
Fighting Words
question
The legal effort to stop speech before it occurs is ___________________
answer
Prior restraint
question
The ___________________ states that evidence obtained in an illegal search may not be introduced in a trial
answer
Exclusionary Rule
question
A jury that does not decide on guilt or innocence but only on whether there is enough evidence for the case to go to trial is the ___________________
answer
Grand jury
question
___________________ is the principle that an individual cannot be tried twice for the same offense
answer
Double Jeopardy
question
___________________ are a set of rights that police officers are required to inform suspects of, including the right to remain silent
answer
Miranda Warnings
question
The _____________________ is legislation that sought to enhance national security passed in the aftermath of the September 11, 2001 attacks
answer
USA Patriot Act