Chapter 5

Question 1

Bill of rights

Answer 1

The first 10 Amendments to the U.S constitution, which largely guarantee specific rights and liberties

Question 2

Ninth Amendment

Answer 2

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 reserves to the states or to the people.

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 to the states or to the people

Question 4

Due process clause

Answer 4

Clause contained in the Fifth and fourteenth Amendments over the years is has been constructed to guarantee to individuals a variety of rights

Question 5

Substantive due process

Answer 5

Judicial interpretation of the fifth and fourteenth Amendments due process clause that protects citizens from arbitrary unjust state or federal laws

Question 6

Incorporation doctrine

Answer 6

An interpretation of the constitution that holds that the due process clause of the fourteenth Amendment requires that state and local governments must also guarantee the rights states in the bill of rights

Question 7

Selective incorporation

Answer 7

A judicial doctrine whereby most but not all of the protection found in the bill of rights are made applicable to the states via the fourteenth amendment

Question 8

Fundamental freedoms

Answer 8

Those rights defined by the court to be essential to order, liberty, and justice and therefore entitled to highest standard of review

Question 9

First Amendment

Answer 9

Part of the bill of rights that imposes a number of restrictions it the federal government with respect to civil liberties l, including freedom of religion, speech,press,assembly, and petition.

Question 10

Establishment Clause

Answer 10

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

Question 11

Free Exercise clause

Answer 11

Free exercise clause the second clause of the first amendment; it prohibits the U.S government from interfering with a citizens right to practice his or he religion

Question 12

Lemon Test

Answer 12

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

Question 13

Prior Restraint

Answer 13

Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of he first amendment

Question 14

Clear and present danger test

Answer 14

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 15

Direct Incitement Test

Answer 15

Test articulates by the Supreme Court in Brandenburg v. Ohio (1969) That holds that advocacy of illegal Action is protected by the First Amendment unless imminent lawless action is intended and likely to occur

Question 16

Symbolic speech

Answer 16

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

Question 17

Libel

Answer 17

Written statement that defines a persons character

Question 18

Slander

Answer 18

Untrue spoken statements that defame the character of a person

Question 19

New York Times Co. v. Sullivan (1964)

Answer 19

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

Question 20

Fighting words

Answer 20

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 21

Writs of habeas corpus

Answer 21

court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allow the prisoner to be freed if the judge is not persuaded by the governments case. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them

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

Bill of attainder

Answer 23

A law declaring An act illegal without a judicial trial

Question 24

Fourth Amendment

Answer 24

Part of 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 probably cause,supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Question 25

Fifth Amendment

Answer 25

Part of the bill of rights that imposes a number of restriction on the federal government with respect to the rights of persons suspected of 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 26

Miranda v. Arizona (1966)

Answer 26

A landmark Supreme Court ruling that held the fifth amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present

Question 27

Miranda Rights

Answer 27

Statements that must be made by the police informing a A suspect of his or her constitution rights protected by the fifth amendment, including the right to an attorney provided by the court if the suspect can not afford one.

Question 28

Double jeopardy clause

Answer 28

Part of the fifth amendment that protects individuals from being tried twice for the same offense in the same jurisdiction

Question 29

Exclusionary rule

Answer 29

Judicially related rule that prohibits from using illegally seized evidence at trial

Question 30

Sixth Amendment

Answer 30

Part of the bill of rights that sets out 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 crime was committed, notice of the charges , the right to confront and obtain favorable witnesses, and the right to counsel.

Question 31

Eighth Amendment

Answer 31

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 32

Right to privacy

Answer 32

The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitution amendments, including the first, third, fourth, ninth, and fourteenth amendments.

Question 33

Roe v. Wade (1973)

Answer 33

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 bulk of rights applied to the states through the fourteenth amendment