PolSc. 115 – Chapter 4

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Civil Liberties
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Basic political freedoms that protect citizens from governmental abuses of power.
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Civil War Amendment
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The Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, which abolished slavery and granted civil rights to freed slaves after the Civil War.
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Due Process Clause
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Part of the Fourteenth Amendment that forbids states from denying “life, liberty, or property” to any person without due process of law. (A nearly identical clause in the Fifteenth Amendment applies only to the national government.)
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Establishment Clause
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Part of the First Amendment that states “Congress shall make no law respecting an establishment of religion,” which has been interpreted to mean that Congress cannot sponsor or favor any religion.
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Free Exercise Clause
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Part of the First Amendment that states that Congress cannot prohibit or interfere with the practice of religion.
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Lemon Test
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The Supreme Court uses this test, established in Lemon v. Kurtzman, to determine whether a practice violates the First Amendment’s establishment clause.
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Which type of speech is strongly protected under the First Amendment? a. Political Speech b. commercial speech c. obscenity d. libel e. fighting words
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a. Political Speech
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The First Amendment’s “establishment clause” says that the government cannot: a. establish categories of speech b. prevent people from practicing their religion c. ban offensive speech d. create an official state religion e. prevent people from peaceably assembling
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d. Create an official state religion
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Strict Scrutiny
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The highest level of scrutiny the courts can use when determining whether a law is constitutional. To meet this standard, the law or policy must be shown to serve a “compelling state interest” or goal, it must be narrowly tailored to achieve that goal, and it must be the least restrictive means of achieving that goal.
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Intermediate Scrutiny
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The middle level of scrutiny the courts can use when determining whether a law is constitutional. To meet this standard, the law or policy must be “content neutral,” must further an important government interest in a way that is “substantially related” to that interest, and must use means that a close fit to the government’s goal and not substantially broader than is necessary to accomplish that goal.
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Clear and Present Danger Test
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Established in Schenck v. United States, this test allows the government to restrict certain types of speech deemed dangerous.
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Direct Incitement Test
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Established in Brandenburg v. Ohio, this test protects threatening speech under the First Amendment unless that speech aims to and is likely to cause imminent “lawless action.”
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Symbolic Speech
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Nonverbal expression, such as the use of signs or symbols. It benefits from many of the same constitutional protections as verbal speech.
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Hate Speech
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Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. It is currently protected under the First Amendment.
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Prior Restraint
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A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials.
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Fighting Words
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Forms of expression that “by their very utterance” can incite violence. These can be regulated by the government but are often difficult to define.
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Slander
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Spoken false statements that damage a person’s reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech.
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Libel
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Written false statements that damage a person’s reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech.
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Commercial Speech
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Public expression with the aim of making a profit. It has received greater protection under the First Amendment in recent years but remains less protected than political speech.
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Miller Test
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Established in Miller v. California, the Supreme Court uses this three-part test to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government.
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Due Process Rights
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The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person’s “life, liberty, or property, without due process of law.” Other specific due process rights are found in the Fourth, Fifth, Sixth, and Eighth Amendments, such as protection from self-incrimination and freedom from illegal searches.
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Exclusionary Rule
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The principle that illegally or unconstitutionally acquires evidence cannot be used in a criminal trial.
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Miranda Rights
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The list of civil liberties described in the Fifth Amendment that must be read to a suspect before anything the suspect says can be used in a trial.
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Double Jeopardy
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Being tried twice for the same crime. This is prevented by the Fifth Amendment.
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Privacy Rights
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Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens’ lives from governmental interference, such as the Fourth Amendment’s protection against unreasonable searches and seizures.
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Civil Liberties are rooted in what document? a. the Declaration of Independence b. the Federalist Papers c. the Magna Carta d. the Bill of Rights e. Article I of the Constitution
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d. the Bill of Rights
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Why are civil liberties not absolute? a. Equality for a group under the law is hard to define b. Individual freedoms may conflict with the public good c. Laws are often outdated and don’t characterize modern society d. The Bill of Rights protections were intentionally weakened by Antifederalists e. The Supreme Court generally decides not to hear cases concerning civil liberties
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b. Individual freedoms may conflict with the public good
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The inclusion of the Bill of Rights in the Constitution reflects the _______________ concerns that the federal government would be too ________________. a. Antifederalists’; strong b. Antifederalists’; weak c. Federalists’; strong d. Federalists’; weak e. president’s; strong
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a. Antifederalists’; strong
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The Bill of Rights originally protected individuals from which level of government? a. all levels of American government b. state governments c. local governments d. federal governments e. the bureaucracy
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d. federal governments
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Which amendment has been used as the basis for selective incorporation? a. 8th Amendment b. 14th Amendment c. 10th Amendment d. 19th Amendement e. 15th Amendment
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b. 14th Amendment
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The establishment clause is invoked under which of the following circumstances? a. allowing “conscientious objectors” to avoid the military draft b. outlawing polygamy c. allowing prayer in schools d. allowing the Amish to keep children home from school after the 8th grade e. banning the handling of snakes in church services
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c. allowing prayer in schools
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Which test does the Supreme Court use to establish whether there has been “excessive government entanglement in religion”? a. Lemon test b. Kreutz test c. Miller test d. Meyer test e. Brandenburg test
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a. Lemon test
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Which test does the Court use to determine if speech is considered dangerous and should not be legally protected? a. Lemon test b. clear and present danger test c. Miller test d. direct incitement test e. the balancing test
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b. clear and present danger test
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Flag burning is an example of __________________ that is currently ________________ under the First Amendment. a. symbolic speech; protected b. symbolic speech; not protected c. hate speech; protected d. hate speech; not protected e. offensive slander; not protected
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a. symbolic speech; protected
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Until 2008, the Supreme Court had been ______________ in defining Second Amendment laws, and its decisions generally _________________ gun rights. a. passive; limited b. passive; supported c. active; limited d. active; supported e. uninvolved; ignored
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a. passive; limited
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Protections from unreasonable searches and seizures are guaranteed by which constitutional amendment? a. 3rd Amendment b. 4th Amendment c. 5th Amendment d. 7th Amendment e. 8th Amendment
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b. 4th Amendment
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The Miranda rights are protections that fall under which constitutional amendment? a. 3rd Amendment b. 4th Amendment c. 5th Amendment d. 7th Amendment e. 8th Amendment
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c. 5th Amendment
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In 1972, the Supreme Court banned the death penalty for what reason? a. It deprived individuals of their rights to “life, liberty, or property.” b. It was cruel and unusual c. It was being inconsistently applied d. It was racially biased e. It was inconsistent with international law
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c. It was being inconsistently applied
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Which of the following freedoms guaranteed in the Bill of Rights is thought to imply a right to privacy? a. right to bear arms b. right to refuse to quarter soldiers c. right to secure legal counsel d. right to request a jury trial e. freedom of speech
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b. right to refuse to quarter soldiers
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In what case did the Supreme Court establish the right to privacy? a. Roe v. Wade b. Lawrence v. Texas c. Griswold v. Connecticut d. Gonzales v. Oregon e. Lemon Kurtzman
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c. Griswold v. Connecticut
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First Amendment
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Freedom of religion, speech, press, and assembly; the separation of church and state; and the right to petition the government.
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Second Amendment
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Right to bear arms.
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Third Amendment
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Protection against the forced quartering of troops in one’s home.
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Fourth Amendment
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Protection from unreasonable searches and seizures; requirements of “probable cause” for search warrants.
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Fifth Amendment
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Protection from forced self-incrimination or double jeopardy (being tried twice for the same crime); no person can be deprived of life, liberty, or property without due process of law; private property cannot be taken for public use without just compensation; and no person can be tried for a serious crime without the indictment of a grand jury.
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Sixth Amendment
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Right of the accused to a speedy and public trail by an impartial jury, to an attorney, to confront witnesses, to a compulsory process for obtaining witnesses in his or her favor, and to counsel in all felony cases.
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Seventh Amendment
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Right to a trial by jury in civil cases involving common law.
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Eighth Amendment
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Protection from excessive bail, excessive fines, and cruel and unusual punishment
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Ninth Amendment
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The enumeration of specific rights in the Constitution shall not be construed to deny other rights retained by the people. This has been interpreted to include a general right to privacy and other fundamental rights.
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Tenth Amendment
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Powers not delegated by the Constitution to the national government, nor prohibited by it to the states, are reserved to the states or to the people.
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The Miranda rights are protections that fall under which constitutional amendment? a. 3rd Amendment b. 4th Amendment c. 5th Amendment d. 7th Amendment e. 8th Amendment
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c. 5th Amendment
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Which type of speech is strongly protected under the First Amendment? a. political speech b. commercial speech c. obscenity d. libel e. fighting words
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a. political speech

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