chapter 5

Question 1

civil liberties

Answer 1

the constitutions protections from government

Question 2

what freedoms do we have

Answer 2

speech, religion, privacy

Question 3

what is the bill of rights

Answer 3

first 10 amendments of constitution

Question 4

3 civil liberties

Answer 4

1. habeas corpus
2. no ex post facto laws
3. no bills of attainder are in Article 1, section 9

Question 5

types of liberty

Answer 5

substantive and procedural

Question 6

substantive liberty

Answer 6

fundamental and intrinsic liberties

Question 7

procedural liberty

Answer 7

protection of a general concept of liberty by forcing compliance with all liberties

Question 8

what is incorporation

Answer 8

the application of the due process clause

Question 9

due process clause of the 14th amendment

Answer 9

says no state can deny “life, liberty, and property without due process of law”

Question 10

slaughter house cases

Answer 10

said that the 14th amendment was to protect black people, others only had the same rights as before

Question 11

palko v Connecticut

Answer 11

incorporation only refers to liberties “of the very essence of a shame of ordered liberty”

Question 12

limits to free speech

Answer 12

Schenk v US
-clear and present danger test
Gitlow v. NY
-free speech applied to states
dennis v. US
-clear and probable danger test

• obscenity not protected
• slander and libel

Question 13

Lemon test

Answer 13

• The statute in question “must have a secular legislative purpose,” such as remedial education.
• The statute’s “primary effect must be one that neither advances nor inhibits religion.”
• The statute must not foster “an excessive government entanglement with religion.”

Question 14

what are the 4th, 5th, and 6th amendments for

Answer 14

to keep government from infringing on the liberties of the people

Question 15

methods to enforce 4th, 5th, and 6th amendments

Answer 15

• exclusionary rule
• miranda warning
• pre trial motions to exclude evidence