Test Answers on Ch.5 – Flashcard

civil liberties.

civil liberties.

Citizens have rights beyond those listed in the Constitution. (156)

Gitlow v. New York. (157)

selective incorporation (157-158)

Actions, words, thoughts (157-158)

Muslims (162)

Public schools cannot prohibit the formation of a Bible study club because they cannot discriminate on the basis of religious speech. (160)

I, II ,and III

Beliefs are given more protection than words; words are given more protection than actions. (162)

Yes, if the mere utterance of those words tend to incite an immediate breach of the peace. (167)

Burning a cross (165)

because the U.S. uses capital punishment (177)

10th Amendment (181)

The Patriot Act likely encroaches on Americans’ civil liberties in numerous ways. (186-187)

False (156)

False

False

False

selective incorporation. (157)

Office holders must be active members of a church or other religious organization. (159)

Lemon (159-160)

is not a violation of the Constitution. (172)

ban on cruel and unusual punishment. (177)

a woman has the right to terminate her pregnancy under certain conditions. (182)

detained terrorist suspects could challenge their extended incarceration in federal court. (188)

True

False (170-171)

False

Is protected in the First Amendment of the Constitution.

Knock before entering and obtain a search warrant.

Does not include acts that are illegal to everyone else.

Confidential sources used by the press.

The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation

The first 10 amendments to the U.S. Constitution, which largely guarantee specific rights and liberties

Part of the Bill of Rights the reiterates that powers not delegated to the national government are reserved to the states or to the people

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the 14th amendmente

freedom of religion, speech, press, assembly, and petition

government censorship of information before it is published or broadcast; generally held to be in violation of the 1st Amendment.

A test articulated by the Supreme Court in Brandenberg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.

False written statement or a written statement tending to call someone’s reputation into disrepute.

untrue spoken statements that defame the character of a person

From the Latin for ” after the fact” a law that applies to actions committed before the law was passed. Prohibited by the Constitution.

Part of the Bill of Rights that reads: ” The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect tot he rights of persons suspected of committing a crime. It provides for indictment by a grand jury and protection against self incrimination,and prevents the national government from denying a person life, liberty, or property without the due process of law. It also prevents the national government from taking property without just compensation.

(1966) A landmark Supreme Court ruling that held the 5th Amend. requires that individuals arrested for a crime must be advised of their right to remain silent and to have a counsel present.

Part of the Fifth Amendment that protects individuals from being tried twice for the same offense

Part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where crime was committed, notice of the charges the right to confront and obtain favorable witnesses, and the right to counsel.

a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

Part of the Bill of Rights that states: ” Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by penumbras or shadows cast by several constitutional amendments, including the 1st, 3rd, 4th, 9th, and 14th Amend.

(1965) , Established that there is an implied right to privacy in the U.S. Constitution

(1973) , The Supreme Court found that a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the 14th Amend.