Chapter 15

Question 1

Bill of rights

Answer 1

imposed limits on the national government but not on the state government.

Question 2

• Civil Rights:

Answer 2

Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals.

Question 3

• Implied rights

Answer 3

are the political and civil freedoms that necessarily underlie the actual words of the constitution but are not themselves expressly stated directly in the constitution.

Question 4

Freedom of religion

Answer 4

1st amendment - free exercise of religion

Question 5

• Establishment Clause

Answer 5

Forbids government establishment of religion 1st amendment

Question 6

• Free-Exercise Clause

Answer 6

prevents the government from interfering with the exercise of religion. (no-hindering or restricting religion)

Question 7

• Strict Scrutiny

Answer 7

A standard used by the Supreme Court in deciding whether a law or policy is constitutional
• To pass the law must be justified by a “compelling governmental interest” must be narrowly tailored, and must be the least restrictive means for achieving that interest.

Question 8

• Freedom of Expression

Answer 8

freedom of speech ( speech is protected)

Question 9

• Excepted Categories

Answer 9

Less protected and unprotected.
• Clear and present danger test: Supreme Court has distinguished between speech as the advocacy of ideas (protected). And speech as incitement (not protected).

Question 10

• Free-expression clauses

Answer 10

The press and speech clauses of the 1st Amendment.

• Fighting words (not protected) Inflicts injury or incite an immediate disturbance of peace.

Question 11

• The 2nd Amendment: The right to bear arms

Answer 11

o Gun-control Advocates say it protects the state’s right to maintain a collective Militias.
o Gun-use advocates say it protects the rights of individuals to own and use guns

Question 12

Bills of attainder

constitution setting limits

Answer 12

a law that pronounces an individual guilty of a crime without a trial.

Question 13

ex post facto (constitution setting limits)

Answer 13

laws that declare an action to be criminal after it has been performed

Question 14

Obligation of contracts (constitution setting limits)

Answer 14

the obligation of the parties to a contract to carry out its terms

Question 15

• 14th Amendment

Answer 15

Due process of law and must not deprive life, liberty, or property

Question 16

• Fundamental rights

Answer 16

Right to Education, healthcare, clean water, right living wage

Question 17

• Miranda v. Arizona: Miranda Rights/Warnings

Answer 17

o Under 5th Amendment: privilege against self-incrimination

Question 18

• Good Faith Exception

Answer 18

evidence can be used if it was uncovered by accidents

Question 19

• USA-PATRIOT Act

Answer 19

expands ability of law enforcement and intelligence agencies by allowing them to tap phones, monitor internet, and conducts other forms of surveillance to find terrorists

Question 20

• 9th Amendment

Answer 20

no gov trespassing

Question 21

• RIght to Privacy

Answer 21

right of a woman to terminate a pregnancy

Question 22

• DOMA

Answer 22

Defense of Marriage Act: said only a man and a woman can marry-now unconstitutional