Unit 3 Civil Liberties Vocab

Question 1

Individual rights protected from unjust governmental interference

Answer 1

Civil Liberties

Question 2

Nor shall any state deprive any person of life, liberty, or property, without due process of law; guarantees fair treatment from the government

Answer 2

Due Process Clause of the 14th Amendment

Question 3

The Supreme Court’s case-by-case process by which liberties listed in the Bill of Rights have been applied to the states using the Due Process Clause of the Fourteenth Amendment

Answer 3

Selective Incorporation (Incorporation Doctrine)

Question 4

Phrase of the First Amendment which prohibits government sponsored religion; no “excessive entanglement” between government and religious groups

Answer 4

Establishment Clause

Question 5

A provision of the First Amendment that guarantees each person the right to believe what he or she wants; it does not guarantee that a person can make an illegal act that would otherwise be illegal

Answer 5

Free Exercise Clause

Question 6

Government may not ban speech unless it poses an immediate threat to society

Answer 6

Clear and present danger

Question 7

Evidence obtained from illegal searches and seizures is not admissible in a criminal trial

Answer 7

Exclusionary Rule

Question 8

The police must inform criminal suspects of their constitutional rights before questioning them after an arrest

Answer 8

Miranda Warning

Question 9

School sponsorship of religious activities (e.g. prayer) violates the Establishment Clause of the 1st Amendment

Answer 9

Engel v Vitale

Question 10

Compelling Amish students to attend school past the eighth grade violates the Free Exercise Clause of the 1st amendment

Answer 10

Wisconsin v Yoder

Question 11

Public school students have a right to wear black armbands in school to protest the Vietnam War because the 1st Amendment protects symbolic speech

Answer 11

Tinker v Des Moines

Question 12

Speech creating a “clear and present danger” is not protected by the 1st Amendment

Answer 12

Schenck v United States

Question 13

“Prior restraint” [censorship] of the media by the government is only acceptable when there is a clear and present danger involving national security

Answer 13

New York Times v United States

Question 14

The Second Amendment provides an individual right to bear arms; applies to the states along with the national government

Answer 14

McDonald v Chicago

Question 15

State governments (along with the national government) must provide counsel [attorney] to poor defendants

Answer 15

Gideon v Wainwright

Question 16

In response to the attacks on 9/11; authorized searches of a home or business without the owner’s knowledge and increased the ability of law enforcement to obtain roving wiretaps and search telephone, medical, and other records

Answer 16

USA Patriot Act/USA Freedom Act