4.1 and 4.2 Vocab

Question 1

civil liberties

Answer 1

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

Question 2

civil rights

Answer 2

The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.

Question 3

bill of rights

Answer 3

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

Question 4

ninth amendment

Answer 4

Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist.

Question 5

tenth amendment

Answer 5

The final part of the Bill of Rights that defines the basic principle of American federalism stating that the powers not delegated to the national government are reserved to the states or to the people.

Question 6

due process clause

Answer 6

Clause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee a variety of rights to individuals.

Question 7

substantive due process

Answer 7

Judicial interpretation of the Fifth and Fourteenth Amendments’ due process clauses that protects citizens from arbitrary or unjust state or federal laws.

Question 8

incorporation doctrine

Answer 8

An interpretation of the Constitution holding that the due process clause of the Fourteenth Amendment requires state and local governments to guarantee the rights stated in the Bill of Rights.

Question 9

selective incorporation

Answer 9

A judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.

Question 10

fundamental freedoms

Answer 10

Those rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review.

Question 11

first amendment

Answer 11

Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition.

Question 12

establishment clause

Answer 12

The first clause of the First Amendment; it directs the national government not to sanction an official religion.

Question 13

free exercise clause

Answer 13

The second clause of the First Amendment; it prohibits the U.S. government from interfering with citizen’s rights to practice his or her religion.

Question 14

lemon test

Answer 14

Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues.