question

habeas corpus

answer

a court order demanding that an individual in custody be brought into court and shown the cause for detention (page 115)

question

bill of attainder

answer

a law that declares a person guilty of a crime without a trial (page 115)

question

ex post facto laws

answer

laws that declare an action to be illegal after it has been committed (page 115)

question

Bill of Rights

answer

the first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people (page 116)

question

civil liberties

answer

areas of personal freedom constitutionally protected from government interference (page 116)

question

selective incorporation

answer

the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments (page 117)

question

establishment clause

answer

the First Amendment clause that says that "Congress shall make no law respecting an establishment of religion"; this law means that a "wall of separation" exists between church and state (page 120)

question

Lemon test

answer

a rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to "excessive entanglement" with religion (page 121)

question

free exercise clause

answer

the First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses (page 122)

question

"clear and present danger" test

answer

used to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society (page 124)

question

fighting words

answer

speech that directly incites damaging conduct (page 125)

question

"speech plus"

answer

speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order (page 128)

question

prior restraint

answer

an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the United States, the courts forbid prior restraint except under the most extraordinary circumstances (page 128)

question

libel

answer

a written statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory" (page 129)

question

slander

answer

an oral statement made in "reckless disregard of the truth" that is considered damaging to the victim because it is "malicious, scandalous, and defamatory" (page 129)

question

due process of law

answer

the right of every individual against arbitrary action by national or state governments (page 133)

question

exclusionary rule

answer

the ability of courts to exclude evidence obtained in violation of the Fourth Amendment (page 133)

question

grand jury

answer

jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence (page 136)

question

double jeopardy

answer

the Fifth Amendment right providing that a person cannot be tried twice for the same crime (page 136)

question

Miranda rule

answer

the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel (page 137)

question

eminent domain

answer

the right of government to take private property for public use (page 138)

question

right to privacy

answer

the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions (page 140)

question

According to the 2011 case of Snyder v. Phelps, the Supreme Court ruled that protesting at military funerals as a form of symbolic speech was

answer

constitutional

question

An example of "speech plus" would be

answer

giving a speech against abortion and then distributing informational leaflets.

question

Concerning contemporary cases about the establishment clause, the defining point in determining constitutionality in Van Orden v. Perry and McCreary County v. American Civil Liberties Union of Kentucky seems to be that of

answer

secular versus religious purposes.

question

In 2008 the U.S. Supreme Court declared that the Second Amendment protects

answer

an individual's right to possess a firearm at home for self-defense.

question

In recent years, the "fighting words standard" has been

answer

under scrutiny as more and more cases ruled through it have been overturned.

question

In the 1989 case Webster v. Reproductive Health Services, the Supreme Court ruled that

answer

restrictions on the use of public medical facilities for abortion was constitutional.

question

In the 2007 case Morse v. Frederick, the Supreme Court ruled that

answer

public schools could restrict student free speech in certain areas.

question

In the 2012 case of United States v. Jones, and the 2014 case Riley v. California, the Court has

answer

ruled that digital content is protected from unwarranted government interference.

question

In the case of Lemon v. Kurtzman, the Supreme Court held that government aid to religious schools would be accepted as constitutional if which of the following conditions (among others) was met?

answer

It had a secular purpose.

question

In the landmark and controversial Supreme Court decision, Citizens United v. Federal Election Commission, protections of political speech were expanded to which of the following?

answer

corporations

question

McDonald v. Chicago applied which civil liberty to the states for the first time?

answer

right to bear arms

question

Miranda rights concern

answer

self-incrimination.

question

Perhaps one of the hallmark concepts of a constitutional democracy, ____ is defined as a court order demanding that an individual in custody be brought into court and shown the cause for detention.

answer

habeas corpus

question

Protection of citizens from improper government action is the definition of

answer

civil liberties.

question

Selective incorporation, or the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment guaranteeing citizens protection from state as well as national governments, was established in which major Supreme Court decision?

answer

Palko v. Connecticut

question

Taking private property for public use is covered under the provision of

answer

eminent domain.

question

The First Amendment's ____ protects the right to believe in and practice one's religion of choice.

answer

free exercise clause

question

The Fourth, Fifth, Sixth, and Eighth amendments, taken together, define

answer

due process of law.

question

The Supreme Court ruled in ____________ that the right to privacy did extend to the private lives of homosexuals.

answer

Lawrence v. Texas

question

Under current Court interpretations of the First Amendment, a public official could potentially win a libel suit against the press if it can be shown that the printed material

answer

was not a matter of public concern.

question

Which form of speech is not protected under the First Amendment, even conditionally?

answer

libel and slander

question

Which of the following places restraints on how the government is supposed to act?

answer

procedural liberties

question

In order for the time, manner, or place of one's freedom of assembly to be restricted, the restriction must be

answer

content neutral.

question

Private corporations

answer

have fewer obligations than the government to respect a person's freedom of speech.

question

Civil liberties are

answer

limitations on government action.

question

Eminent domain is the power of government to

answer

take private property for public use.

question

Fighting words fall outside constitutional protection because they

answer

directly incite violence.

question

In the 2013 case of Maryland v. King, the Supreme Court upheld that

answer

police could perform DNA testing of arrestees without the need of individualized suspicion.

question

In the important 1945 case concerning eminent domain, the Supreme Court essentially ruled that

answer

the "public interest" used to justify eminent domain can mean anything a legislature wants it to mean.

question

Laws and cases involving the right to privacy are often difficult to decide because

answer

they are not directly mentioned in the Bill of Rights but rather inferred from the Fourth Amendment.

question

Selective incorporation

answer

considers the provisions of the bill of rights one by one and selectively applies them as limits on the states through the 14th amendment

question

Speech that is accompanied by conduct and that can be regulated by the government to preserve public order is called

answer

speech plus

question

The Fifth Amendment protects against

answer

double jeopardy

question

The MOST dramatic restraint imposed on police by the Bill of Rights, which can free those people who are known to have committed the crime of which they have been accused, is the

answer

exclusionary rule

question

The Supreme Court narrowed restrictive gun control policies and expanded gun ownership rights in which of the following cases?

answer

McDonald v chicago

question

The Supreme Court upheld a law in Gonzales v. Oregon that

answer

allows doctors to use drugs to facilitate the death of terminally ill patients who make such a request

question

The Supreme Court's decision in Roe v. Wade was based on the

answer

right to privacy

question

The exclusionary rule is illustrated by which Supreme Court case?

answer

mapp v ohio

question

The free exercise clause has recently upheld the religious liberties of Muslim-Americans in which of the two following cases?

answer

holt v hobbs; equal employment opportunity commission v Abercrombie and fitch stores, inc

question

The idea of the separation of church and state is MOST closely associated with the

answer

establishment clause

question

These components-government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to "excessive entanglement" with religion-are all a part of which court test?

answer

the lemon test

question

Which of the following is established by the Fifth Amendment?

answer

the courts cannot hold trials for serious offenses without provision for a grand jury

question

Which of the following is true of the Supreme Court's treatment of student speech?

answer

it has allowed conditional restrictions on student free speech depending on the content of the speech

question

Which of the following protect every individual against arbitrary action by national or state governments?

answer

due process laws

question

Which of the following statements about the death penalty is accurate?

answer

the us is the only western nation that still executes criminals

question

The Bill of Rights

answer

includes the first ten amendments to the U.S. Constitution.

question

The constitutional basis for the nationalization of the Bill of Rights is the ________ Amendment.

answer

Fourteenth

question

In what year was freedom of speech extended to protect against the acts of state governments?

answer

1925

question

The first provision of the Bill of Rights to be "incorporated" into the Fourteenth Amendment as a limitation on state power was the

answer

Fifth Amendment's prohibition on states from taking private property for a public use without just compensation.

question

DeJonge v. Oregon (1937) and Everson v. Board of Education (1947) were significant Supreme Court cases because they

answer

incorporated provisions of the Bill of Rights through the due process clause of the Fourteenth Amendment.

question

The words under God were added to the Pledge of Allegiance

answer

in the midst of the Cold War, as a response to the "godless communism" of the Soviet Union.

question

Van Orden v. Perry (2005) and McCreary v. ACLU (2005) show that

answer

the issue of government-sponsored religion has not yet been definitively settled.

question

The rights to assembly and petition are guaranteed by the same amendment that guarantees ________.

answer

free speech

question

The Supreme Court has not given full protection to fighting words because

answer

such words are not part of the essential exposition of ideas.

question

________ prevents people from being tried twice for the same crime.

answer

Double jeopardy

question

________ is considered "the oldest institution known to the Constitution."

answer

The right to a grand jury

question

The right to legal counsel in a criminal proceeding is guaranteed by the ________ Amendment.

answer

sixth

question

Gideon v. Wainwright (1963) established the right

answer

to legal counsel in felony cases.

question

Which of the following statements about grand juries is most accurate?

answer

The Fifth Amendment provision for a grand jury has never been incorporated into the Fourteenth Amendment to apply to state criminal prosecutions.

question

In Lawrence v. Texas (2003), the Supreme Court ruled that

answer

laws criminalizing sexual behavior are a violation of the right to privacy.

GOVT-2305 Chapter 4 – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards