Chapter 4

Question 1

Abraham Lincoln

Answer 1

16th president of the United States

Question 2

abolitionists

Answer 2

people against slavery during the 18th-19th century

Question 3

Alien and Sedition Acts

Answer 3

four laws passed by the Federalist-dominated 5th United States Congress that included new powers to deport foreigners as well as making it harder for new immigrants to vote.

Question 4

bill of attainder

Answer 4

act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial. Wikipedia

Question 5

Bill of Rights

Answer 5

The first 10 amendments to the Constitution

Question 6

Black Lives Matter

Answer 6

an international activist movement, originating in the African-American community, that campaigns against violence and systemic racism towards black people.

Question 7

Burger Court

Answer 7

refers to the Supreme Court of the United States from 1969 to 1986, when Warren Burger served as Chief Justice of the United States

Question 8

capital cases

Answer 8

a prosecution case for murder in which a jury is asked to decide whether a defendant should be put to death, if found guilty.

Question 9

civil liberties

Answer 9

are personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation, without due process.

Question 10

civil rights

Answer 10

ensure one’s entitlement to participate in the civil and political life of the society and state without discrimination or repression.

Question 11

clear and present danger test

Answer 11

doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly.

Question 12

Dejonge v. Oregon (1937)

Answer 12

a case in which the Supreme Court of the United States held that the Fourteenth Amendment’s due process clause applies to freedom of assembly.

Question 13

direct incitement test

Answer 13

that holds that advocacy of illegal action is protected by the 1st amendment unless imminent lawless action is intended and likely to occur

Question 14

double jeopardy clause

Answer 14

Nor shall any person be subject for the same offence to be twice put in jeopardy of life

Question 15

due process clause

Answer 15

Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law.

Question 16

due process rights

Answer 16

legal requirement that the state must respect all legal rights that are owed to a person.

Question 17

Earl Warren

Answer 17

served as the 14th Chief Justice of the United States and earlier as the 30th Governor of California

Question 18

Eighth Amendment

Answer 18

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Question 19

Eighteenth Amendment

Answer 19

established the prohibition of “intoxicating liquors” in the United States.

Question 20

Espionage Act

Answer 20

It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime.

Question 21

establishment clause

Answer 21

the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress.

Question 22

exclusionary rule

Answer 22

exclusionary rule

Question 23

ex post facto law

Answer 23

a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.

Question 24

First Amendment

Answer 24

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.

Question 25

Fourth Amendment

Answer 25

prohibits unreasonable searches and seizures

Question 26

Fourteenth Amendment

Answer 26

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United State

Question 27

Fifth Amendment

Answer 27

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury

Question 28

fighting words

Answer 28

words expressing an insult, especially of an ethnic, racial, or sexist nature.

Question 29

free exercise clause

Answer 29

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…

Question 30

fundamental freedoms

Answer 30

freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.

Question 31

Gitlow v. New York (1925)

Answer 31

was a decision by the Supreme Court of the United States holding that the Fourteenth Amendment to the United States Constitution

Question 32

grand jury

Answer 32

a jury, typically of twenty-three people, selected to examine the validity of an accusation before trial.

Question 33

hate speech

Answer 33

abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation.

Question 34

incorporation doctrine

Answer 34

Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states.

Question 35

Lemon test

Answer 35

The three-part test enunciated in Lemon v. Kurtzman is used to assess whether a law violates the Establishment Clause.

Question 36

libel

Answer 36

a published false statement that is damaging to a person’s reputation; a written defamation.

Question 37

Miranda rights

Answer 37

In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.

Question 38

Miranda v. Arizona (1966)

Answer 38

a landmark decision of the United States Supreme Court. In a 5–4 majority, the Court held that both inculpatory and exculpatory statements made in response

Question 39

Miller v. California (1973)

Answer 39

a landmark decision by the United States Supreme Court wherein the court redefined its definition of obscenity from that of “utterly without socially redeeming value”

Question 40

New York Times Co. v. Sullivan (1964)

Answer 40

a landmark United States Supreme Court case that established the actual malice standard that must be met for press reports about public officials to be considered libel.

Question 41

New York Times Co. v. U.S. (1971)

Answer 41

a landmark decision by the United States Supreme Court on the First Amendment.

Question 42

Ninth Amendment

Answer 42

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Question 43

Occupy Wall Street

Answer 43

a left-wing protest movement that began on September 17, 2011, in Zuccotti Park, located in New York City’s Wall Street financial district, against economic inequality.

Question 44

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

Answer 44

a landmark United States Supreme Court case in which the constitutionality of several Pennsylvania state statutory provisions regarding abortion was challenged.

Question 45

prior restraint

Answer 45

censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression.

Question 46

right to privacy

Answer 46

an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy.

Question 47

Roe v. Wade (1973)

Answer 47

a landmark decision issued in 1973 by the United States Supreme Court on the issue of the constitutionality of laws that criminalized or restricted access to abortions.

Question 48

sedition laws

Answer 48

a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights

Question 49

September 11th

Answer 49

a series of four coordinated terrorist attacks by the Islamic terrorist group al-Qaeda against the United States on the morning of Tuesday, September 11, 2001.

Question 50

Sixth Amendment

Answer 50

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial

Question 51

slander

Answer 51

the action or crime of making a false spoken statement damaging to a person’s reputation.

Question 52

substantive due process

Answer 52

a principle allowing courts to protect certain fundamental rights from government interference

Question 53

symbolic speech

Answer 53

used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it.

Question 54

Tenth Amendment

Answer 54

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Question 55

Crown v. Zenger (1735)

Answer 55

did not establish legal precedent in seditious libel or freedom of the press. Rather, it influenced how people thought about these subjects and led, many decades later, to the protections embodied in the Unites States Constitution, the Bill of Rights and the Sedition Act of 1798.

Question 56

undue burden test

Answer 56

a shorthand to a collection of similar-sounding, but legally distinct, standards invoked in various areas of United States constitutional law.

Question 57

Warren Court

Answer 57

the period in the history of the Supreme Court of the United States during which Earl Warren served as Chief Justice.

Question 58

Warren E. Burger

Answer 58

15th Chief Justice of the United States, serving from 1969 to 1986.

Question 59

Whole Woman’s Health v. Hellerstedt (2016)

Answer 59

a landmark United States Supreme Court case decided on June 27, 2016. The Court ruled 5–3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion.

Question 60

writ of habeas corpus

Answer 60

a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person’s detention.

Question 61

selective incorporation

Answer 61

a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights.