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Flashcards in Test #5 Deck (107)
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1
Q

Personal freedoms that government may not legitimately infringe, such as practicing one’s religion, speaking freely, communicating opinions through print and electronic media, and being secure in one’s person and property from arbitrary or oppressive government action

A

Civil liberties

2
Q

The rights to live one’s life and engage in the political process free from discrimination on such grounds as race, sex, religion, age, or disability

A

Civil rights

3
Q

Procedural protections that the fifth and fourteenth amendments require government to follow before depriving anyone of life, liberty, an property. These include at least fair notice and an opportunity to contest charges before a neutral tribunal

A

Due process of law

4
Q

The judicial doctrine that the due process clause of the fourteenth amendment in effect incorporates most of the specific rights in the Bill of Rights against the states.

A

Incorporation doctrine

5
Q

Refers to the incorporation of the bill of rights against the states as a result of Supreme Court decisions in the twentieth century

A

Nationalization of the Bill of Rights

6
Q

The doctrine that much, but not all, of the Bill of Rights applies to the states

A

Selective incorporation

7
Q

Provision of the first amendment that prohibits Congress from making a law “respecting an establishment of religion.”

A

Establishment clause

8
Q

Provision of the first amendment that prohibits Congress from “prohibiting the free exercise” of religion

A

Free exercise clause

9
Q

Document written by James Madison in 1785 opposing the use of tax money to support Christian religious instructions and making the case for freedom of religion

A

Memorial and Remonstrance

10
Q

Thomas Jefferson’s phrase for the meaning of the establishment clause of the First Amendment; later accepted by the Supreme Court as indicating the original meaning of the establishment clause

A

Wall of separation

11
Q

Prohibiting the publication of materials because of their harmful effects. Under English common law, government could not prevent the publication of materials but could punish the publisher after the fact

A

Prior restraint

12
Q

Speech that government may not prohibit or punish under the first amendment guarantee of “freedom of speech”

A

Protected speech

13
Q

Speech that the government may prohibit or punish because not included in the first amendment guarantee “freedom of speech” such as obscenity, libelous speech, and “fighting words”

A

Unprotected speech

14
Q

Words that according to the Supreme Court (1942) “tend to incite an immediate breach of the peace” and thus are not protected by the First Amendment

A

Fighting words

15
Q

A doctrine promulgated by the Supreme Court in 1919 according to which the government may restrict speech when the words “create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”

A

Clear and present danger test

16
Q

A doctrine promulgated by the Supreme Court in the twentieth century according to which the government may suppress political speech that directly incites violence, but not the “advocacy of forcible overthrow as an abstract doctrine.”

A

Direct incitement test

17
Q

A broad term to characterize what many believe the First Amendment was designed to protect, incorporating freedom of speech and press as well as expressive conduct

A

Freedom of expression

18
Q

Conduct by which people sometimes express their political feelings without using speech as such, such as burning the American flag as a sign of protest.

A

Symbolic speech

19
Q

Also called expressive conduct

A

Symbolic speech

20
Q

A defamatory statement made through speech

A

Slander

21
Q

A defamatory statement made in writing

A

Libel

22
Q

Sexually explicit and patently offensive materials that may be suppressed by public authorities as defined by the Supreme Court

A

Obscenity

23
Q

The case in 1973 where the Supreme Court deemed what is obscene

A

Miller vs. California

24
Q

The rule imposed by the Supreme Court that prohibits the use in court of evidence improperly obtained, no matter how relevant to demonstrating guilt

A

Exclusionary rule

25
Q

The warnings required by the Supreme Court that police must give when arresting a suspect; particularly the right to remain silent and to have the assistance of an attorney

A

Miranda warnings

26
Q

The legal test promulgated by the Supreme Court in 1971 that held that a law that raises establishment clause issues may withstand challenge only if it has a secular legislative purpose, it’s main effect neither advances nor inhibits religion, and it does not foster an excessive government entanglement with religion

A

Lemon test

27
Q

Prohibiting the publication of materials because of their harmful effects. Under English common law, government could not prevent the publication of materials but could punish the publisher after the fact

A

Prior restraint

28
Q

Speech that government may not prohibit or punish under the first amendment guarantee of “freedom of speech”

A

Protected speech

29
Q

Speech that the government may prohibit or punish because not included in the first amendment guarantee “freedom of speech” such as obscenity, libelous speech, and “fighting words”

A

Unprotected speech

30
Q

Words that according to the Supreme Court (1942) “tend to incite an immediate breach of the peace” and thus are not protected by the First Amendment

A

Fighting words

31
Q

A doctrine promulgated by the Supreme Court in 1919 according to which the government may restrict speech when the words “create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”

A

Clear and present danger test

32
Q

A doctrine promulgated by the Supreme Court in the twentieth century according to which the government may suppress political speech that directly incites violence, but not the “advocacy of forcible overthrow as an abstract doctrine.”

A

Direct incitement test

33
Q

A broad term to characterize what many believe the First Amendment was designed to protect, incorporating freedom of speech and press as well as expressive conduct

A

Freedom of expression

34
Q

Conduct by which people sometimes express their political feelings without using speech as such, such as burning the American flag as a sign of protest.

A

Symbolic speech

35
Q

Also called expressive conduct

A

Symbolic speech

36
Q

A defamatory statement made through speech

A

Slander

37
Q

A defamatory statement made in writing

A

Libel

38
Q

Sexually explicit and patently offensive materials that may be suppressed by public authorities as defined by the Supreme Court

A

Obscenity

39
Q

The case in 1973 where the Supreme Court deemed what is obscene

A

Miller vs. California

40
Q

The rule imposed by the Supreme Court that prohibits the use in court of evidence improperly obtained, no matter how relevant to demonstrating guilt

A

Exclusionary rule

41
Q

The warnings required by the Supreme Court that police must give when arresting a suspect; particularly the right to remain silent and to have the assistance of an attorney

A

Miranda warnings

42
Q

Prohibiting the publication of materials because of their harmful effects. Under English common law, government could not prevent the publication of materials but could punish the publisher after the fact

A

Prior restraint

43
Q

Speech that government may not prohibit or punish under the first amendment guarantee of “freedom of speech”

A

Protected speech

44
Q

Speech that the government may prohibit or punish because not included in the first amendment guarantee “freedom of speech” such as obscenity, libelous speech, and “fighting words”

A

Unprotected speech

45
Q

Words that according to the Supreme Court (1942) “tend to incite an immediate breach of the peace” and thus are not protected by the First Amendment

A

Fighting words

46
Q

A doctrine promulgated by the Supreme Court in 1919 according to which the government may restrict speech when the words “create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”

A

Clear and present danger test

47
Q

A doctrine promulgated by the Supreme Court in the twentieth century according to which the government may suppress political speech that directly incites violence, but not the “advocacy of forcible overthrow as an abstract doctrine.”

A

Direct incitement test

48
Q

A broad term to characterize what many believe the First Amendment was designed to protect, incorporating freedom of speech and press as well as expressive conduct

A

Freedom of expression

49
Q

Conduct by which people sometimes express their political feelings without using speech as such, such as burning the American flag as a sign of protest.

A

Symbolic speech

50
Q

Also called expressive conduct

A

Symbolic speech

51
Q

A defamatory statement made through speech

A

Slander

52
Q

A defamatory statement made in writing

A

Libel

53
Q

Sexually explicit and patently offensive materials that may be suppressed by public authorities as defined by the Supreme Court

A

Obscenity

54
Q

The case in 1973 where the Supreme Court deemed what is obscene

A

Miller vs. California

55
Q

The rule imposed by the Supreme Court that prohibits the use in court of evidence improperly obtained, no matter how relevant to demonstrating guilt

A

Exclusionary rule

56
Q

The warnings required by the Supreme Court that police must give when arresting a suspect; particularly the right to remain silent and to have the assistance of an attorney

A

Miranda warnings

57
Q

the crime under British law that made it illegal to criticize the government in a way that undermined public support and respect; the truth of the charges was not a defense

A

Seditious libel

58
Q

Rule by military authorities (in place of civilian officials) in time of war or civil disorder

A

Martial law

59
Q

a term referring to the separation of the races in housing, the use of public accommodations, employment, or education.

A

Segregation

60
Q

in the modern understanding (and as distinguished from civil liberties), a term that refers to the freedom to live one’s life and engage in the political process free from discrimination, especially because of race, ethnicity, or gender

A

Civil rights

61
Q

treating individuals differently and unfairly because of characteristics over which they have no control, such as race, ethnically, or gender.

A

Discrimination

62
Q

An informal network of secret routes, safe houses, and transportation run by abolitionists to help slaves escape from the South to Canada in the period before the Civil War

A

Underground railroad

63
Q

seven debates held throughout Illinois in the Senate contest of 1858 between Democratic incumbent Stephen Douglas and Republican challenger Abraham Lincoln

A

Lincoln-Douglas debates

64
Q

An angency in the Department of War created by Congress in 1865 to promote the welfare and legal rights of the newly freed slaves

A

Freedman’s Bureau

65
Q

a tax assessed before someone can vote

A

poll tax

66
Q

the doctrine promulgated by the Supreme Court in plessy v. ferguson that under the equal protection clause of the fourteenth amendment, state governments could separate the races as long as they had access to equal facilities

A

separate but equal doctrine

67
Q

The right to vote

A

Suffrage

68
Q

1st Amendment

A

protects freedom from an established church, freedom to worship, freedom of speech and press

69
Q

2nd Amendment

A

Right to bear arms

70
Q

3rd amendment

A

No Soldier shall be quartered in any house, without the consent of the Owner

71
Q

4th amendment

A

protects against unreasonable search and seizer.

72
Q

5th amendment

A

People have the right to not incriminate themselves. Prohibits being tried twice for the same crime, and right to jury

73
Q

6th amendment

A

speedy and public trial in the district the crime was committed. have the right to know what and who the accusation is and right to lawyer

74
Q

7th amendment

A

right to a jury trial in civil suits for more than $20

75
Q

8th amendment

A

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

76
Q

9th amendment

A

the rights in the original Constitution and bill of rights is not a complete list

77
Q

10th amendment

A

addresses powers reserved to the states and the people, not rights

78
Q

Everson v. Board of education

A

parents for the cost of transporting of transporting their children to parochial schools. neither a state or fed. gov. can aid 1 religion, or one over another. The 1st amendment erected a high wall of separation

79
Q

A state-composed prayer cannot be said in public schools according to _____

A

Engel v. Vitale

80
Q

Lemon v. Kurtzman

A

3 part rule of thumb to govern Establishment Clause cases.

81
Q

Abington Township v. Schemp

A

forbade all prayer and devotional Bible reading in public schools.

82
Q

Stone v. Graham

A

Public schools may not display copies of the 10 commandments even if they were donated by a private person

83
Q

Edwards v. Aquillaid

A

states may not require teaching of creation science along with evolution in public schools. Only evolution may be taught

84
Q

Wallace v. Jaffree

A

States may not encourage silent prayer in public schools

85
Q

Rosenburg v. University of Virginia

A

state universities may not discriminate against Christian student group

86
Q

Good News Club v. Milford Central school

A

student led religious clubs must get some access to facilitate after school as non-religious groups

87
Q

Walz v. Tax commission

A

court held that tax exemption for churches do NOT violate the 1st amendment

88
Q

Texas v. Johnson

A

burning the US flag is symbolic speech protected by 1st amendment

89
Q

Roth v. US

A

obscenity is NOT protected by the 1st amendment

90
Q

Miller v. California

A

test including contemporary community standards

91
Q

New York Times v. Sullivan

A

private persons charging libel must show that statement was false

92
Q

Mapp v. Ohio

A

extended the exclusionary rule to the state courts to deter improper police behavior

93
Q

Miranda v. Arizona

A

the court replaced “totality of circumstances” with a standard of required specific rights given to criminals by the police.

94
Q

Roe v. Wade

A

right to privacy

95
Q

Provisions of Roe

A

.

96
Q

1st trimester

A

no state regulation of abortion. Privacy of mother is only consideration

97
Q

2nd trimester

A

reasonable regulation of means of abortion permitted. State’s concern for health of the mother

98
Q

3rd trimester

A

states may regulate or forbid abortion UNLESS the life/health of the mother is threatened. State’s concern for the life of the potential citizen

99
Q

Barron v. Baltimore

A

claimed violation of the 5th amendment because he did not receive “just compensation”. Held that Bill of Rights applies only to national government

100
Q

Gitlow v. New York

A

Gitlow was convicted of violating legislation that outlawed anti-government speech that is spread to the general public in newspaper, magazine or other print. In response to these charges, Benjamin Gitlow appealed claiming the State of New York violated his constitutional right. he court also found that the individual state governments were not allowed to deny their residents the civil and human rights expressed within the United States Constitution

101
Q

Which amendment has not been incorporated against the states?

A

7th amendment

102
Q

Reynolds v. US

A

court held that free exercise of religion is NOT absolute. Freedom to believe IS absolute, but freedom to practice is not.

103
Q

Pierce v. Society of the sisters

A

Students cannot be required to attend public school

104
Q

Sherbert v. Vernen

A

unemployment compensation for 7th day adventists who refused to work on Saturday.

105
Q

Wisconsin v. Yoder

A

Amish children cannot be placed under compulsory education past the 8th grade, for it violated their parents’ basic right to freedom of religion.

106
Q

Which of the Bill of Rights have not been incorporated so far?

A

3,5,7, and 8

107
Q

Which amendment has NOT been incorporated into the fourteenth amendment due process of law clause?

A

.