CH 4 Civil liberties

Question 1

freedom and protection against arbitrary governmental actions given to the people in a democratic society.

Answer 1

civil liberties

Question 2

1833 supreme court case that explicitly confirmed Bill of Rights applied only to national government.

Answer 2

Barron v Baltimore

Question 3

Idea that specific protections provided in U.S Bill of Rights are binding on states through “due process” clause of Fourteenth Amendment.

Answer 3

Incorporation doctrine

Question 4

2008 case in which supreme court struck down Washington DC ban on possession of hand guns for first time held that the second amendment protect an individual’s right to possess a firearm for lawful purposes such as self defense

Answer 4

District of Columbia V Heller

Question 5

2010 case which Supreme court ruled that Second Amendment right of an individual to “keep and bear arms” applies to states as well as federal government

Answer 5

McDonald V. Chicago

Question 6

clause in First amendment of constitution that states that government cannot establish religion

Answer 6

establishment clause

Question 7

First Amendment guarantee that individual are free to choose religious beliefs and practice them as they see fit.

Answer 7

free exercise of religion

Question 8

1947 case which Court for the first time directly articulated the principle of separation of church and state. Concluding that transportation expenditures to parochial schools did not support any religious activity but assisted families were allowed

Answer 8

Everson V. Board of Education

Question 9

Idea that neither national nor state government may pass laws that support one religion or all religions

Answer 9

separation of church and state

Question 10

view of First Amendment states that founders wanted to be interpreted literally so that Congress should make “no laws” about the expression of views.

Answer 10

absolutist approach

Question 11

idea that rights provided in the First amendment are fundamental and as such the courts have greater obligation to protect those rights than others

Answer 11

preferred freedoms of doctrine

Question 12

view of freedom of expression that states the obligation to protect rights must be balanced with impact on society of the action in question

Answer 12

balancing test

Question 13

approach to determining whether an action should be protected under first amendment that considers

Answer 13

clear and present danger test

Question 14

1919 case that articulated the “clear and present danger” test

Answer 14

Schenck v. United States

Question 15

approach to determine whether an action should be protected under first amendment that considers whether the action would have a tendency to produce negative consequences

Answer 15

bad tendency rule

Question 16

1989 case in which supreme court ruled that burning american flag was a form of expression that had constitutional protection

Answer 16

Texas v. Johnson

Question 17

1969 case that upheld KKK members rights to controversial speech which supported lawbreaking in the abstract becase it contained no incitement to commit an imminent crime

Answer 17

brandenburg v ohio

Question 18

contains no incitement to commit crimedecided in brandenburg v ohio speech is protected if it contains

Answer 18

imminent lawless action test

Question 19

2010 supreme courtholding provision of the McCain-feingold act prohibiting corporation and unions from broadcast

Answer 19

citizens united v federal election commission

Question 20

to make false or defamatory oral statements about someone

Answer 20

slander

Question 21

to make false or defaming statement about someone in print or media

Answer 21

libel

Question 22

individual’s right to free of government interference without due cause or due process

Answer 22

right to privacy

Question 23

1973 case which court reaffirmed right of privacy enumerated in Griswold balancing mothers right to privacy against states interest in protecting an unborn fetus.

Answer 23

roe v wade