Chapter 4

Question 1

Bill of Rights

Answer 1

the first ten amendments to the U.S. Constitution, which largely guarantees specific rights and liberties.

Question 2

Ninth Amendment

Answer 2

Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist.

Question 3

Tenth Amendment

Answer 3

The final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved for the states or to the people.

Question 4

Due Process clause

Answer 4

Clause contained in the Fifth and 14th Amendments; over the years, it has been construed to guarantee a variety of rights to individuals.

Question 5

Substantive due process

Answer 5

Judicial interpretation of the Fifth and Fourteenth Amendments’ due process clauses that protects citizens from the arbitrary or unjust state or federal laws.

Question 6

Civil liberties

Answer 6

The personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.

Question 7

Civil Rights

Answer 7

The government-protected rights of individuals against arbitrary or discriminatory treatment by government or individuals.

Question 8

Incorporation Doctrine

Answer 8

An interpretation of the Constitution holding that the due process clauses of the fourteenth amendment requires state and local governments to guarantee the rights states in the Bill of Rights.

Question 9

Selective Incorporation

Answer 9

A judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to states via the Fourteenth Amendment.

Question 10

Fundamental Freedoms

Answer 10

Those rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review.

Question 11

First Amendment

Answer 11

Parts of the Bill of Rights that imposed a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition.

Question 12

Establishment Clause

Answer 12

The first clause of the First Amendment; it directs the national government not to sanction an official religion.

Question 13

Free exercise Clause

Answer 13

The second clause of the First Amendment; it prohibits the U.S. government from interfering with a citizens right to practice his or her religion.

Question 14

Lemon Test

Answer 14

Three part test created by the Supreme Court for examining the constitutionality of religions establishment issues.

Question 15

Prior Restraint

Answer 15

Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment.

Question 16

Clear and present danger test

Answer 16

Test articulated by the Supreme Court in Schenk v U.S. (1919) to draw the line between protected and unprotected speech; the court looks to see “whether the words used” could “create a clear and present danger that they will bring about substantive evils” that Congress seek “to prevent”.

Question 17

direct incitement test

Answer 17

test articulated by the Supreme Court in Brandenburg v Ohio (1969) holding that the first amendment protects advocacy of illegal actions unless imminent lawless action is intended and likely to occur.

Question 18

Symbolic Speech

Answer 18

Symbols, signs, and other methods of expression generally considered to be protected by the First Amendment.

Question 19

Hate Speech

Answer 19

Any communication that belittles a person or group on the basis of characteristics.

Question 20

Libel

Answer 20

False written statement that defames a persons character.

Question 21

Slander

Answer 21

Untrue Spoken statements that defame the character of a person.

Question 22

New York Times Co. v Sullivan (1964)

Answer 22

Case in which the Supreme Court concluded that “actual malice” must be proven to support a finding of libel against a public figure.

Question 23

Fighting words

Answer 23

Words that ‘by their very utterance inflict injury or tend to incite an immediate breach of peace. “Fighting words are not subject to the restrictions of the First Amendment”.

Question 24

writs of habeus corpus

Answer 24

Petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government’s case does not persuade the judge. Habeus corpus rights imply that prisoners have a right to know what charges are being made against them.

Question 25

Ex posto facto law

Answer 25

Law that makes an act punishable as a crime even if the action was legal at the time it was committed

Question 26

bill of attainder

Answer 26

A law declaring an act illegal without a judicial trial.

Question 27

Fourth Amendment

Answer 27

Part of the Bill of Rights that reads “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Question 28

Fifth Amendment

Answer 28

Part of the Bill of Rights that imposes a number of restrictions on the federal government with respects to the rights of persons suspected of committing a crime. It provided for indictment by a grand jury and protection against self incrimination, and prevents the national government from denying a person’s life, liberty, or property of law. It also prevents the national government from taking property without just compensation.

Question 29

Miranda v Arizona (1966)

Answer 29

A landmark Supreme Court case ruling holding that the Fifth Amendment requires individuals arrested for a crime to be advised of their rights to remain silent and to have counsel present.

Question 30

Miranda Rights

Answer 30

Statements required of police that inform a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by the court if the suspect cannot afford one.

Question 31

Double Jeopardy clause

Answer 31

Part of the Fifth Amendment that protects individuals from being tried twice for the same offense in the same jurisdiction.

Question 32

Exclusionary Rule

Answer 32

Judicially created rule that prohibits police from using illegally seized evidence at trial.

Question 33

Sixth Amendment

Answer 33

Part of the bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel.

Question 34

Eighth Amendment

Answer 34

Part of the Bill of Rights that states; “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Question 35

Right to Privacy

Answer 35

The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the First, Third, Fourth, Ninth, and Fourteenth Amendment.

Question 36

Roe v Wade (1973)

Answer 36

The Supreme Court found that a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment.