Chapter 4 Flashcards
The Lemon Test, developed during the 1971 Supreme Court case, Lemon v. Kurtzman, is a litmus test for determining whether governmental action that might promote a particular religious practice should be allowed to stand. Which of these points is not indicative of the Lemon Test?
The action or law must not specify the religious practice by name
This seminal Supreme Court case dealt with the controversy over whether closely held businesses did not have to provide employees free access to emergency contraception or birth control if doing so would violate the religious beliefs of the business’ owners.
Burwell v. Hobby Lobby
This controversial law passed weeks after the 9/11 terrorist attack in 2001, which gave the federal government an easier way to seek and obtain search warrants or bypass requirements altogether
PATRIOT Act
This clause of the First Amendment limits the ability of the government to control or restrict religious practices
free exercise clause
The First Amendment protects this right, along with others
a. Freedom of speech
b. Freedom of petition
c. Freedom of assembly
d. All of the above
This important amendment to the U.S. Constitution guaranteed the rights of freed slaves on an equal standing with white individuals
14th amendment
This clause to the Fourteenth Amendment states that “nor shall any State deprive any person of life, liberty, or property, without due process of law
due process clause
The Fourth, Fifth, Sixth, Seventh, and Eighth Amendments to the U.S. Constitution broadly do the following
Protect people suspected or accused of criminal activity or facing civil litigation
One of the most important clauses in the First Amendment is the Establishment Clause, which states what
Congress cannot create or promote a state-sponsored religion
Supreme Court Justice Potter Stewart once described pornography as, “I know it when I see it” when questioning whether or not something was classified as ____________. This set the stage for laws to uphold charges on these exceptions to the right to freedom of expression
obscene
Among the shortest amendments to the U.S. Constitution, this amendment states that, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
2nd amendment
This is the process that subjects a suspect to prosecution twice for the same criminal act. According to the Fifth Amendment, no one who has been acquitted of a crime can be prosecuted again for that crime
double jeopardy
These are limitations on government power intended to protect freedoms of the people
civil liberties
This amendment to the U.S. Constitution protects against unreasonable searches and seizures
4th amendment
Perhaps no act of symbolic speech has been as controversial in U.S. history as __________
burning the flag
In The Federalist No. 84, Alexander Hamilton wrote that the Constitution was “merely intended to regulate the general political interests of the nation” rather than to concern itself with:
The regulation of every species of personal and private concerns
Although this does not directly appear in the U.S. Constitution or Bill of Rights, scholars believe that James Madison and Congress sought to protect this right to be free of government intrusion in our personal life, particularly within the bounds of the home
Right to privacy
This controversial action allows a city or state to take property for redevelopment from private citizens if “just compensation” is provided
Eminent domain
Speech is not just written or spoken. This form of speech deals with wearing clothing like an armband that carries a political symbol or raising a fist in the air
Symbolic speech
These are guarantees that government officials will treat people equally and that decisions will be made on the basis of merit as opposed to personal characteristics
civil rights
a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays
blue law
limitations on the power of government, designed to ensure personal freedoms
civil liberties
guarantees of equal treatment by government authorities
civil rights
a right of the people rooted in legal tradition and past court rulings, rather than the Constitution
common-law right
a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion
conscientious objector
a prosecution pursued twice at the same level of government for the same criminal action
double jeopardy
provisions of the Fifth and Fourteenth Amendments that limit government power to deny people “life, liberty, or property” on an unfair basis
due process clause
the right of individuals to obtain, use, and trade things of value for their own benefit
economic liberty
the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment
eminent domain
the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion
establishment clause
a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime
exclusionary right
the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices
free exercise clause
a statement by law enforcement officers informing a person arrested or subject to interrogation of his or her rights
Miranda warning
acts or statements that are extremely offensive by contemporary standards
obscenity
a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)
Patriot Act
an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial
plea bargain
a government action that stops someone from doing something before they are able to do it (e.g., forbidding someone to publish a book he or she plans to release)
prior restraint
legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial
probable clause
the right to be free of government intrusion
right to privacy
a legal document, signed by a judge, allowing police to search and/or seize persons or property
search warrant
the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government
selective incorporation
an action or statement that admits guilt or responsibility for a crime
self-incrimination
a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the “least restrictive means” possible
Sherbert test
a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)
symbolic speech
a means of deciding whether a law that makes it harder for women to seek abortions is constitutional
undue burden test
The Bill of Rights was added to the Constitution because ________.
it was meant to protect the people from the national government from having too much power.
An example of a right explicitly protected by the Constitution as drafted at the Constitutional Convention is the ________.
right to a writ of habeas corpus
The Fourteenth Amendment was critically important for civil liberties because it ________.
helped start the process of selective incorporation of the Bill of Rights
Briefly explain the difference between civil liberties and civil rights
Civil liberties are freedoms guaranteed to us by the Constitution to protect us from tyranny while civil rights are the legal rights that protect individuals from discrimination
Briefly explain the concept of selective incorporation, and why it became necessary
It became necessary in order to guarantee people’s civil liberties equally across all states
Which of the following provisions is not part of the First Amendment?
the right to keep and bear arms
The Third Amendment can be thought of as ________.
forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments
The Fourth Amendment’s requirement for a warrant ________.
does not apply when there is a serious risk that evidence will be destroyed before a warrant can be issued
Explain the difference between the establishment clause and the free exercise clause, and explain how these two clauses work together to guarantee religious freedoms.
The two clauses together protect religious liberty but from opposite directions. The establishment clause prevents governments from having an official religion (thus giving all religions a chance to flourish), while the free exercise clause clearly empowers individuals to practice as they wish
Explain the difference between the collective rights and individual rights views of the Second Amendment. Which of these views did the Supreme Court’s decision in District of Columbia v. Heller reflect?
collective rights are like rights that are for the people of the united states(religion, free press) individual rights citizens have right to bear arms to protect themselves. The courts decisions reflected individual rights
