Chpt. 4 KTR

Question 1

Civil Liberties

Answer 1

• Individual freedoms that place limitations on power of government
• Bill of Rights

Question 2

Civil Rights

Answer 2

• Extension of government action to secure citizenship rights for all members of society
• Equality; guaranteed by 13/14/15/19/26th Amendments

Question 3

Habeas Corpus

Answer 3

Cannot fail to bing prisoners before a judge and info court they are being held/what evidence is against them

Question 4

Bills of Attainder

Answer 4

Laws that single out any person or group as guilty and impose punishment without trial

Question 5

Ex Post Facto

Answer 5

Laws that make an action a crime after the fact

Question 6

Fourteenth Amendment

Answer 6

-Passed 1868; Constitution made it possible for Court to require states to protect basic liberties

Question 7

Selective Incorporation

Answer 7

Selective incorporation of rights listed in Bill of Rights through the Fourteenth Amendment

Question 8

Lemon Test

Answer 8

Justices decide how much entanglement there was between politics and religion; not used consistently

Question 9

Free exercise clause

Answer 9

• First Amendment (Bill of Rights)

- Practice whatever religion you want

Question 10

Minersville School Dist. v Gobitis

Answer 10

-1940: No salute; expelled; remained so because it promotes national uity

Question 11

W. Virginia Board of Ed. v. Barnette

Answer 11

-1943: Jehovah’s witnesses no salute; expelled; overturned by Court

Question 12

Religious Freedom Restoration Act

Answer 12

• RJRA; passed by Congres 1993

- Restored compelling state interest test for state action limiting religious bpractice

Question 13

Compelling State Interest

Answer 13

-The state must show that it is necessary for some fundamental state purpose that religious freedom be limited

Question 14

Sedition

Answer 14

Speech that criticizes government

Question 15

Clear and present danger test

Answer 15

Focus on circumstances under which language was used; if used under threatening circumstances was not protected and Congress would not regulate (Oliver Wendell Holmes)

Question 16

Imminent lawless action test

Answer 16

• Justice William O. Douglas in 1969

- Speech, except when linked with action, should be immune from prosecution

Question 17

Freedom of assembly

Answer 17

Right to peaceably assemble and petition government for redress of grievances

Question 18

Miller test

Answer 18

-Control to state legislatures to determine whether it depicts/describes offensive sexual conduct

Question 19

Fighting words

Answer 19

Words whose express purpose is to create a disturbance and incite violence int he person who hears the speech

Question 20

Political Correctness

Answer 20

-Language that demeans any group of individuals should be silenced

Question 21

Prior restraint

Answer 21

Restriction on press before message is actually published

Question 22

Libel

Answer 22

Written defamation of a character

Question 23

Due process

Answer 23

• Laws must be reasonable and fair; those accused of breaking the law have right to appear before their judges to hear charges/evidence against them, legal counsel
• RIGHT TO FAIR TRIAL (14th and 5th)

Question 24

Fourth Amendment

Answer 24

• No unreasonable search and seizure

- Must have probable cause for a waarant

Question 25

Exclusionary Rule

Answer 25

-If evidence obtained unlawfully, cannot be used to convict culprit