Ch 4

Question 1

a judicial doctrine whereby most, but not all, of the protections found in the Bill of Rights are made applicable to the states (14th Amendment)

Answer 1

Selective Incorporation

Question 2

constitutional provisions, laws, and practices that protect individuals from governmental interference

Answer 2

Civil Liberties

Question 3

refer to government responsibility for quarantine that all citizens are able to participate as equals in the practice of democratic process

Answer 3

Civil Rights

Question 4

what are the two clauses according to the first amendment and religion?

Answer 4

the establishment clause, and free exercise clause

Question 5

has affirmed the establishment clause, which requires government to maintain religious neutrality, but does not bar all assistance to religious institutions

Answer 5

The Supreme Court

Question 6

In what year did the Court upheld the constitutionality of the Equal Access Act

Answer 6

1990

Question 7

declares that no public secondary school receiving federal funds may ban after-school meetings on school property by student religious or political groups if the same privilege is provided to other groups

Answer 7

Equal Access Act

Question 8

The case that banned public school prayer

Answer 8

Engel v. Vitale

Question 9

In this case, the court ruled that state payment of salaries to teachers of secular subjects in religious schools was an unconstitutional “aid to religion”

Answer 9

Lemon v. Kurtzman (also known as Lemon Test)

Question 10

case where the court determined that double jeopardy and trial by jury were not fundamental rights to be protected by the state. It changed 30 years later

Answer 10

Palko vs Connecticut

Question 11

what are the three criteria to the lemon test?

Answer 11

1) the statute must have a non religious purpose
2) the primary effect of the statute should not be to advance or inhibit religion
3) the statute must not excessively entangle government and religion

Question 12

freedom of private business to organize and operate for profit in a competitive system without interference by government beyond regulation necessary to protect public interest and keep the national economy in balance.

Answer 12

Free Enterprise clause

Question 13

constituted a clear and present danger of an evil that government had a right to prevent

Answer 13

Schenck’s act

Question 14

government has the right to restrict freedom of speech when public order is threatened. (has to do with Scheneck v. U.S. case)

Answer 14

clear and present danger clause

Question 15

overturns the Minersville School District v. Gobitus case

Answer 15

West Virginia vs Burnette

Question 16

case where the court upheld the expulsion of two children who refused to salute the flag, even though it violated their faith as JWs

Answer 16

Minersville School District v. Gobitus

Question 17

in this case, the Supreme Court ruled that “fighting words” do not enjoy first amendment rights. (also called the Fighting Words Case)

Answer 17

Chaplinsky v. New Hampshire

Question 18

the case that made free speech applicable to the states (using selective incorporations 14th Amendment)

Answer 18

Gitlow v. New York

Question 19

a theory or doctrine of constitutional law that those rights guaranteed by the first eight amendments to the U.S. Constitution that are fundamental to and implicit in the concept of ordered liberty are incorporated into the Fourteenth Amendment’s due process clause

Answer 19

selective incorporations

Question 20

case that says you have the right to advocate a position unless there’s a direct link between what you say, and a legal action that takes place

Answer 20

Brandenburg v. Ohio

Question 21

what is the difference between libel and slander?

Answer 21

libel- written
slander- oral

Question 22

Case that says symbolic expression is protected under the 1st Amendment

Answer 22

Tinker v. Des Moines

Question 23

The Court case protected two elements of speech: the expression of emotion and the expression of ideas

Answer 23

Cohen v. California

Question 24

The court reaffirmed first amendment protection for the expression of political ideas, including flag burning (Texas v. Johnson 1989)

Answer 24

United States v. Eichman

Question 25

case where the court declared a work obscene if:
1) taken as a hole, it appeals to pruient interest
2) it portrays sexual conduct in a patently offensive way
3) taken as a whole, its lacks serious literacy, artistic, political, or scientific value

Answer 25

Miller v. California

Question 26

Case where the supreme court declared that the freedom of the press takes precedence over the rights of public officials suing for libel. (libel=written, slander=oral)

Answer 26

New York Times Co. v Sullivan

Question 27

the government can block publication material

Answer 27

Prior Restraint

Question 28

amendment that acknowledges “the right of the people to keep and bear arms” has been the focus of heated controversy

Answer 28

2nd Amendment

Question 29

because of this amendment most of the individual protections found in the Bill of Rights now apply to the states

Answer 29

14th Amendment

Question 30

case where the court enunciated the “exclusionary rule” to prevent policy and prosecutors from using evidence that had been obtained from warrantless and unreasonable searches.

Answer 30

Mapp v. Ohio

Question 31

case where the court authorized the “good faith” exception to the exclusionary rule. Prosecutors may introduce evidence obtained illegally if they can show that police relied on a warrant that appeared valid

Answer 31

United States v. Leon

Question 32

amendment that protects people from unreasonable searches and seizures by the government

Answer 32

4th Amendment

Question 33

amendment that protects an individual against self-incrimination

Answer 33

5th Amendment

Question 34

case where the court mandated that prior to questioning, a suspect must be informed of her or his constitutional rights such as the right to remain silent and the right to an attorney if the suspect cannot afford one.

Answer 34

Miranda v. Arizona

Question 35

case that finalized that the suspect must explicitly invoke their rights - not just remain silent. (after 3 hours Thompkins said “yes”)

Answer 35

Berghuis v. Thompkins

Question 36

cases that have to do with double jeopardy

Answer 36

Palko vs Conn, Benton vs Maryland

Question 37

the right to counsel in felony cases relates to which amendment

Answer 37

6th amendment

Question 38

case where the court ruled that “lawyers in criminal courts are necessities not luxuries,” thus incorporating the right to counsel in state criminal trials

Answer 38

Gideon v Wainwright

Question 39

case where the courts focused on the arbitrary nature with which death sentences have been imposed, often indicated a racial bias against black defendants

Answer 39

Furman v. Georgia

Question 40

case where the court allowed the execution of a convicted murderer who had the intelligence level of a 7-year-old

Answer 40

Penry v. Lenaugh

Question 41

case where the court allowed the execution of a minor who had been convicted of murder

Answer 41

Sanford v. Kentucky

Question 42

amendment that protects rights not specifically enumerated in the Constitution. (rights to privacy)

Answer 42

9th Amendment

Question 43

this case involved the constitutionality of an 1870 state law that prohibited the dissemination of contraceptives or information about birth control

Answer 43

Griswold v. Connecticut

Question 44

cased that ruled that homosexuals, as well as heterosexuals, enjoy a fundamental right to conduct their intimate relations without interference by the state

Answer 44

Lawrence & Garner vs. Texas

Question 45

a legal principle that prevents an individual from being tried twice for the same crime based on the same conduct (included in the 5th amendment)

Answer 45

double jeopardy

Question 46

case that overturned Penry v. Lenaugh case

Answer 46

Atkins vs Virgina

Question 47

case that overturned Sanford v. Kentucky case

Answer 47

Roper vs Simmons