Chapter 4

Question 1

Abraham Lincoln

Answer 1

Sixteenth president of the United States, the first elected Republican president, who served from 1861-1865. Lincoln, who led the Union during the Civil War, was assassinated in 1865 by a Confederate sympathizer, John Wilkes Booth.

Question 2

abolitionists

Answer 2

A supporter, especially in the early nineteenth century, of an end to the institution of slavery.

Question 3

Alien and Sedition Acts

Answer 3

Laws passed in 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government.

Question 4

bill of attainder

Answer 4

A law declaring an act illegal without a judicial trial.

Question 5

Bill of Rights

Answer 5

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

Question 6

Black Lives Matter (BLM)

Answer 6

A recent social movement focused on direct protest and political activism against police brutality, mass incarceration, and related offenses against African Americans.

Question 7

Burger Court

Answer 7

The period in Supreme Court history during which Warren Burger served as Chief Justice (1969-1986).

Question 8

capital cases

Answer 8

Court cases in which a conviction may result in the application of the death penalty.

Question 9

civil liberties

Answer 9

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

Question 10

civil rights

Answer 10

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

Question 11

clear and present danger test

Answer 11

Test articulated by the Supreme Court in Schneck 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 seeks “to prevent.”

Question 12

DeJonge v. Oregon (1937)

Answer 12

Supreme Court case that applied the First Amendment’s protections of freedom of assembly to the states.

Question 13

direct incitement test

Answer 13

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

Question 14

double jeopardy clause

Answer 14

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

Question 15

due process clause

Answer 15

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

Question 16

due process rights

Answer 16

Protections drawn from the Fourth Amendment and the Bill of Rights. Due process may be procedural, ensuring fair treatment, or substantive, protecting fundamental rights.

Question 17

Earl Warren

Answer 17

The fourteenth Chief Justice of the United States who served from 1953 to 1969 and led the Court through an important liberal phase; previously a Republican governor and vice presidential nominee.

Question 18

Eighth Amendment

Answer 18

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 19

Espionage Act

Answer 19

A 1917 law that prohibited urging resistance to the draft or disturbing anti-war leaflets; by the Supreme Court in Schneck v. U.S.

Question 20

establishment clause

Answer 20

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

Question 21

exclusionary rule

Answer 21

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

Question 22

ex post facto law

Answer 22

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

Question 23

First Amendment

Answer 23

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

Question 24

Fifth Amendment

Answer 24

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

Question 25

fighting words

Answer 25

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

Question 26

free exercise clause

Answer 26

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

Question 27

fundamental freedoms

Answer 27

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

Question 28

Gitlow v. New York (1925)

Answer 28

A Supreme Court case that extended the First Amendment’s protections of freedom of speech and of the press to the state governments.

Question 29

grand jury

Answer 29

A group of citizens charged with determining whether enough evidence exists for a case to go to trial. Guaranteed by the Fifth Amendment.

Question 30

hate speech

Answer 30

Communication that belittles a person or group on the basis of race, gender, ethnicity, or other characteristics.

Question 31

incorporation doctrine

Answer 31

An interpretation of the Constitution holding that the due process clause of the Fourteenth Amendment requires state and local governments to guarantee the rights stated in the Bill of Rights.

Question 32

Lemon test

Answer 32

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

Question 33

libel

Answer 33

False written statement that defames a person’s character.

Question 34

Miranda rights

Answer 34

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 a court if the suspect cannot afford one.

Question 35

Miranda v. Arizona (1966)

Answer 35

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

Question 36

Miller v. California (1973)

Answer 36

Supreme Court case that created the “Miller test” to determine when sexually-explicit expression was obscene and therefore beyond the protection of the First Amendment.

Question 37

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

Answer 37

The case in which the Supreme Court ruled that the U.S. government could not block the publication of secret Department of Defense documents illegally furnished to the Times by anti-war activists. Also called the Pentagon Papers case.

Question 38

Ninth Amendment

Answer 38

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 39

Occupy Wall Street

Answer 39

A recent social movement that promotes protests and political activism against income inequality and corporate greed.

Question 40

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

Answer 40

The Supreme Court’s decision in this abortion case replaced the strict scrutiny standard of Roe with the less stringent undue burden standard.

Question 41

prior restraint

Answer 41

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 42

right to privacy

Answer 42

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 Amendments.

Question 43

Roe v. Wade (1973)

Answer 43

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.

Question 44

sedition laws

Answer 44

Laws that make it illegal to speak or write any political criticism that threaten to diminish respect for the government, its laws, or public officials.

Question 45

selective incorporation

Answer 45

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

Question 46

September 11th

Answer 46

A terrorist plot carried out on September 11, 2001 that used hijacked civilian aircraft to attack the World Trade Center in New York and the Pentagon near Washington, D.C.

Question 47

Sixth Amendment

Answer 47

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 48

slander

Answer 48

Untrue spoken statements that defame the character of a person.

Question 49

substantive due process

Answer 49

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

Question 50

symbolic speech

Answer 50

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

Question 51

Tenth Amendment

Answer 51

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 to the states or to the people.

Question 52

The Crown v. Zenger (1735)

Answer 52

Legal case in the colony of New York that is considered a precursor to free press provisions in the Constitution. The case did not set legal precedent , but did reflect a difference between British authorities and colonists with regard to press freedoms.

Question 53

undue burden test

Answer 53

A standard set by the Supreme Court in the Casey case in 1992 that narrowed Roe v. Wade and allowed for greater regulation of abortion by the states.

Question 54

Warren Court

Answer 54

The period in Supreme Court history during which Earl Warren served as Chief Justice (1953-1969), noted for its many rulings expanding civil liberties and civil rights.

Question 55

Warren E. Burger

Answer 55

The fifteenth Chief Justice of the United States who served from 1969 to 1986 and who led the Court in an increasingly conservative direction.

Question 56

Whole Woman’s Health v. Hellerstedt (2016)

Answer 56

Supreme Court abortion ruling that struck down state law provisions in Texas as presenting an undue burden on women seeking abortions. This decision invalidated numerous state and local laws that imposed similar limitations on clinics.

Question 57

writ of habeas corpus

Answer 57

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. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them.

Question 58

Fourteenth Amendment

Answer 58

One of three major amendments enacted after the Civil War, extending “equal protection of the law” to all citizens.

Question 59

New York Times Co. v. Sullivan (1964)

Answer 59

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

Question 60

Eighteenth Amendment

Answer 60

A 1913 amendment that created the nationwide prohibition on alcoholic beverages; it was repealed in 1933.

Question 61

Fourth Amendment

Answer 61

Part of the Bill of Rights that protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant from a judge among other guarantees.