American Politics Chapter 5 – Flashcards

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Accommodation
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The principle that government does not violate the establishment clause as long as it does not confer an advantage to some religions over others
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Civil Liberties
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The limits on government that allow people to freely exercise their rights
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Clear and Present Danger
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Court doctrine that permits restrictions of free speech if officials believe that the speech will lead to prohibited action such as violence or terrorism
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Double Jeopardy
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The principle that an individual cannot be tried twice for the same offense
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Establishment Clause
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In the First Amendment, the principle that government may not establish an official religion
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Exclusionary Rule
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The ruling that evidence obtained in an illegal search may not be introduced in a trial
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Fighting Words
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Expressions inherently likely to provoke violent reactions and not necessarily protected by the First Amendment
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Free Exercise Clause
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In the First Amendment, the principle that government may not interfere in religious practice
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Hate Speech
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Hostile statements based on someone's personal characteristics, such as race, ethnicity, religion, or sexual orientation
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Judicial Rules
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Hard-and-fast boundaries between what is lawful and what is not
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Judicial Standards
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Guiding principles that help governments make judgment calls
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Miranda Warnings
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A set of rights that police officers are required to inform suspects of, including the right to remain silent
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Prior Restraint
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Legal effort to stop speech before it occurs - in effect, censorship
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Selective Incorporation
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The extension of protections from the Bill of Rights to the state governments, one right at a time
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Strict Separation
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The strict principles articulated in the Lemon test for judging whether a law establishes a religion
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Symbolic Expression
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An act, rather than actual speech, used to demonstrate a point of view
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Trustee Representation
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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
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USA Patriot Act
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Legislation that sought to enhance national security, passed in the aftermath of the September 11, 2001 terrorist attacks
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Every right has
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limits
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The 14th Amendment
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slowly incorporated the Bill of Rights and applied it to the states.
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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 the Supreme 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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Pick the correct match of test with right
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Sherbert or balancing test; 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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Obscenity is
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subjected to the Miller test.
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Justice Scalia explained the Second Amendment has two parts: a preface about militias and
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the right to bear arms
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Individuals cannot be tried for the same offense due to
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Double Jeopardy
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The Miranda warnings have become "part of national culture" because
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every TV cop show ends with the 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 Constitution
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Removing restrictions, such as with the Patriot Act, means _____ rights
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limiting
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The limits placed on government so that people can freely exercise their rights are called
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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 penumbras of the _____ Amendment create "zones of privacy."
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First
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The right to privacy came out of which Supreme Court case?
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Griswold v. Connecticut
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The Constitution mentions privacy in Article _____.
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does not mention
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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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Free speech is important because democracy requires
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debate
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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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The principle that an individual cannot be tried twice for the same offense is called
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double jeopardy
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___________________ are limits on government so that people can freely exercise their rights
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Civil Liberties
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___________________ extends protections from the Bill of Rights to the state governments
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Selective Incorporation
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___________________ are hard and fast boundaries between what is lawful and what is not
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Judicial Rules
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___________________ are guiding principles that help governments make judgment calls
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Judicial Standards
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The ___________________ in the First Amendment states that the government may not establish an official religion
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Establishment Clause
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___________________ in the First Amendment states that the government may not interfere in religious practice
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Free Exercise Clause
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___________________ is principles articulated in the Lemon test for judging whether a law establishes a religion
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Strict Separation
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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 ___________________
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Accommodation
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Hostile statements based on someone's personal characteristics is ___________________
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Hate Speech
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Court doctrine that permits restrictions of free speech if officials believe the speech will lead to prohibited action is known as ___________________
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Clear and present danger
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___________________ is an act used to demonstrate a point of view
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Symbolic Expression
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___________________ are expressions inherently likely to provoke violent reactions and not necessarily protected
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Fighting Words
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The legal effort to stop speech before it occurs is ___________________
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Prior restraint
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The ___________________ states that evidence obtained in an illegal search may not be introduced in a trial
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Exclusionary Rule
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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 ___________________
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Grand jury
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___________________ is the principle that an individual cannot be tried twice for the same offense
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Double Jeopardy
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___________________ are a set of rights that police officers are required to inform suspects of, including the right to remain silent
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Miranda Warnings
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The _____________________ is legislation that sought to enhance national security passed in the aftermath of the September 11, 2001 attacks
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USA Patriot Act
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