Chapter 4

Question 1

The Right to Privacy

Answer 1

-Not specifically mentioned in the Constitution.
-Supreme Courts have argued that the heart lies in the 4th Amendment’s prohibition of unreasonable searches.
-In 1965 the Supreme Court grounded the right to privacy in the Constitution, arguing it fits into the “zone of privacy” created by the 3rd, 4th, 5th and 9th amendments.
-The right to privacy has since been used to strike down laws limiting access to birth control, outlawing abortions, and criminalizing same-sexual activity.

Question 2

Rights of the Criminally Accused

Answer 2

-4th protects individuals from unreasonable search and seizure.
-5th right to a grand jury, protection from double jeopardy, and guarantee against self-incrimination.
-6th the right to legal counsel, speedy trial, and confront witnesses before an impartial jury.
-8th protects individuals against cruel and unusual punishment.

Question 3

What protections are guaranteed by the Fifth Amendment?

Answer 3

-protection from double jeopardy
-protection from self-incrimination
-the right to a grand jury

Question 4

Why are fighting words an “unprotected” form of speech?

Answer 4

They may directly incite damaging action.
They do not contribute to the marketplace of ideas.

Question 5

True or False;
The Bill of Rights had a limited reach prior to the twentieth century because most rights only applied to the national government and not state governments.

Answer 5

True

Question 6

Which amendments, according to Supreme Court arguments, have elements of the right to privacy?

Answer 6

-3rd, 4th, 5th, 9th

Question 7

Which case formally established the right to privacy?

Answer 7

-Griswold v. Connecticut

Question 8

What is the significance of the Supreme Court’s ruling in Miranda v Arizona?

Answer 8

-It advanced the civil liberties of the accused
-expanding the Fifth Amendment’s protection against coerced confessions and self-incrimination
-confirming the right to counsel.

Question 9

Two parts of the First Amendment concern religious freedom:

Answer 9

-establishment clause, free exercise clause.
-Establishment clause: “a wall of separation between church and state”
-Free exercise clause: protects one’s right in practicing religion

Question 10

What is the difference between the establishment clause and the free exercise clause found in the First Amendment of the U.S. Constitution?

Answer 10

-The free exercise clause safeguards individuals religious rights, the establishment clause restricts government from endorsing a particular religion or giving favor to a certain religion.

Question 11

Why is due process of law important?

Answer 11

-It protects individuals from arbitrary actions by their national and state government.

Question 12

Types of speech from most protected to least protected.

Answer 12

-Freedom of press, speech plus, commercial speech, fighting words

Question 13

The right of —— requires that individuals in custody be brought into court and shown the cause for detention.

Answer 13

habeas corpus

Question 14

Which amendments have been selectively incorporated to the states using the Fourteenth Amendment?

Answer 14

Second Amendment, First Amendment, Eighth Amendment

Question 15

Why has the “stop and frisk” police tactic been a topic of controversy?

Answer 15

-does not reduce crime.
-leaves a lot of discretion to a police officer to determine probable cause.
-has been linked to racial profiling.

Question 16

What are the three parts of the Lemon test?

Answer 16

-Does the practice foster an excessive government entanglement with religion?
-Does the practice advance or inhibit religion?
-Does the practice have a secular legislative purpose?

Question 17

Which amendment specifies the right to bear arms?

Answer 17

2nd

Question 18

fifth amendment

Answer 18

5th amendment: protects citizens from being tried twice for the same alleged crime (double jeopardy)

Question 19

sixth amendment

Answer 19

6th amendment- protects citizens by giving the right to receive counsel for defense of a crime

Question 20

eighth amendment

Answer 20

8th amendment- protects citizens from being tortured or excessively threatened

Question 21

fourth amendment

Answer 21

4th amendment- protects against unreasonable searches and seizures

Question 22

-Applies to all individuals
-”Negative Rights”- actions the government cannot take
-Guarantees to protect people from arbitrary actions by overly powerful government
ex:)
-Freedom of Speech (1st Amendment) : note that Freedom of Speech is not absolute.
-Freedom of Religion (1st Amendment)
-Freedom of Press (1st Amendment)
-Freedom of Assembly (1st Amendment)
-Freedom from Unreasonable Search and Seizure (4th Amendment)

Answer 22

Civil Liberties

Question 23

-Applies to groups
-”Positive rights” -declares what the government must do or provide
-Guarantees that government will act affirmatively to ensure equal citizenship
ex:)
-Right to due process (14th Amendment)
-Right to equal protection under the law (14th Amendment)
-Right to vote (The Voting Rights Act of 1965)

Answer 23

Civil Rights

Question 24

—— Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Answer 24

First

Question 25

areas of personal freedom constitutionally protected from government interference

Answer 25

civil liberties

Question 26

a court order demanding that an individual in custody be brought into court and shown the cause for detention

Answer 26

habeas corpus

Question 27

the first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people

Answer 27

Bill of Rights

Question 28

the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments

Answer 28

selective incorporation

Question 29

the First Amendment clause that says "Congress shall make no law respecting an establishment of religion"; this constitutional provision means that a "wall of separation" exists between church and state

Answer 29

establishment clause

Question 30

a rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to "excessive entanglement" with religion

Answer 30

the Lemon test

Question 31

test used to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society

Answer 31

"clear and present danger" test

Question 32

speech that directly incites damaging conduct

Answer 32

fighting words

Question 33

speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

Answer 33

speech plus

Question 34

an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the United States, the courts forbid prior restraint except under the most extraordinary circumstances

Answer 34

prior restraint

Question 35

a written statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory"

Answer 35

libel

Question 36

the right of every individual against arbitrary action by national or state governments

Answer 36

due process of law

Question 37

the ability of courts to exclude evidence obtained in violation of the Fourth Amendment

Answer 37

exclusionary rule

Question 38

the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel

Answer 38

Miranda rule

Question 39

the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions

Answer 39

right to privacy

Question 40

the right of government to take private property for public use

Answer 40

eminent domain

Question 41

True or False; The United States has passed laws that make it illegal to say anything that might challenge the government.

Answer 41

True

Question 42

How has the Supreme Court’s interpretation of individuals’ Fourth Amendment protections against unreasonable searches and seizures evolved?

Answer 42

-Has softened the application of the exclusionary ruler, allowing federal courts to use their discretion about it depending on the “nature and quality of the intrusion.”

Question 43

What were the Federalists’ and Antifederalists’ views on the Bill of Rights?

Answer 43

-Federalists: unnecessary because there were already restrictions on the national government, Antifederalist saw its exclusion as a major flaw that needed to be remedied.

Question 44

Americans have a constitutional protection against ----------, which refers to the Fifth Amendment right providing that a person cannot be tried twice for the same crime. However, there is an important exception known as the --------- exception, which allows for individuals to be tried for the same offense in both federal and state courts.

Answer 44

Americans have a constitutional protection against double jeopardy, which refers to the Fifth Amendment right providing that a person cannot be tried twice for the same crime. However, there is an important exception known as the separate sovereignty exception, which allows for individuals to be tried for the same offense in both federal and state courts.

Question 45

What amendment was foundational in giving you legal representation?

Answer 45

sixth amendment