Chapter 5: Fundamental American Liberties

Question 1

Civil Liberties

Answer 1

individual freedoms that place limitations on the powers of the government

Question 2

Civil Rights

Answer 2

refer to the extension of government action to serve citizenship rights to all members of society

Question 3

Habeas Corpus

Answer 3

the right of an accused person to be brought before a judge and informed of the charges and evidences against him or her

Question 4

Bills of attainer

Answer 4

laws under which specific persons or groups are detained and sentenced without trial

Question 5

Ex post facto law

Answer 5

laws that criminalize an action after it occurs

Question 6

Incorporation

Answer 6

Supreme Court action making the protections of the bill of Rights applicable to the States

Question 7

Democratic freedoms(1st Amendment)

Answer 7

the liberties that the founders believed to be so necessary and important for a representative democracy that they crammed them all into the very first of the amendments

Question 8

Establishment clause

Answer 8

the first amendment guaranteed that the government will not create and support an official state church

Question 9

Separationalists

Answer 9

supporters of a “wall of separation” between church and state

Question 10

Accommodationists

Answer 10

supports of government non-preferencial accommodating of religion

Question 11

Lemon Test

Answer 11

the three pronged rule used by the courts determine whether the establishment clause was violated

Question 12

Free Exercise Clause

Answer 12

the first amendment guaranteed that citizens may freely engage in the religious activities of their choice

Question 13

Police Power

Answer 13

the ability of the government to protect its citizens and maintain social order

Question 14

Compelling state interest

Answer 14

a fundamental state purpose, which must be shown before the law can limit some freedoms or treat some groups of people differently

Question 15

Sedition

Answer 15

speech that criticizes the government to promote rebellion

Question 16

Bad Tendency Test

Answer 16

the role used by the courts that allows speech to be punished if it leads to punishable actions

Question 17

Clear and Present Danger Test

Answer 17

the rule used by the courts that allows language to be regulated only if it presents an immediate and urgent danger

Question 18

Imminent Lawless Action Test

Answer 18

the rule used by the courts that allows language to be regulated only if it presents an immediate and urgent danger

Question 19

Freedom of Assembly

Answer 19

the right of the people to gather peacefully and to petition government

Question 20

Miller Test

Answer 20

the rule used by the courts in which the definition of obscenity be based on local standards

Question 21

Political Correctness

Answer 21

the idea that language shapes behavior and therefore should be regulated to continue its social effects

Question 22

Prior Restraint

Answer 22

censorship or punishment for the expression of ideas before the ideas printed or spoken

Question 23

Libel

Answer 23

written defamation of character

Question 24

Due Process of Law

Answer 24

the guarantee that laws will be fair and reasonable and that citizens suspected of breaking the law and will be treated fairly

Question 25

4th Amendment

Answer 25

The right of the people to be secure in their persons,homes,papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued 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 26

Exclusionary rule

Answer 26

the rule created by the Supreme court that evidence seized illegally may not be used to obtain a conviction

Question 27

5th Amendment

Answer 27

no person shall be compelled in any criminal case to be a witness against himself

Question 28

6th Amendment

Answer 28

Rights of persons or trials for crimes you can expect a speedy trial, to be told what you are accused of, and to have a lawyer to help you sort it all out

Question 29

8th Amendment

Answer 29

cruel and unusual punishment shall not be inflicted

Question 30

The Right to Privacy

Answer 30

Though the right to privacy is not mentioned in either the Constitution or the Bill of Rights and did not even enter the American legal system until the late 1800s- it has become fiercely debated right on a number of different levels, including reproductive rights, gay rights, and the right to die. In the absence of constitutional protection, the series of court cases on these matters determines on how they are to be resolved. Many of these issues are still on shaky ground. As the states create their own legislation and the courts had down new rulings

Question 31

The Citizens and Civil Liberties

Answer 31

○ Our political system is concerned with protecting individual rights, which grant freedoms and allow us to make changes on our own government. But citizens are also expected to act within certain restrictions-laws and limits designed to protect the collective good. The balance between freedom to do what we wish and the obligations to do as we should is a continuing challenge.