we the people ch 4

Question 1

— — defined as individual rights and personal freedoms with which governments are constrained from interfering; that is, they are protections FOR Americans FROM the government

Answer 1

Civil Liberties

Question 2

— — protections of citizen equality provided BY the government

Answer 2

Civil Rights

Question 3

Article 1, Section 9, included the right of — —, court order demanding that an individual in custody be brought into court and shown the cause for detention; this prohibits the government from depriving a person of liberty without explaining the reason before a judge

Answer 3

Habeas Corpus

Question 4

As Jefferson put it: a – - – “is what people are entitled to against every government on earth”

Answer 4

Bill of Rights

Question 5

Civil liberties are protections of — from improper government action.

Answer 5

Citizens

Question 6

— — - — is the right of every citizen to be protected against arbitrary action by national or state governments

Answer 6

Due process of law

Question 7

— — did not become part of the constitution until 1868, with the adoption of the Fourteenth Amendment, which sought to provide for each citizen “the equal protection of the laws”

Answer 7

Civil Rights

Question 8

Civil rights as a category refers to the obligation imposed on government to – – – to protect citizens from any illegal actions by government agencies and by other private citizens

Answer 8

Take positive action

Question 9

In the first 70 years of the country’s history, the bill of rights was understood to apply only to the – — and not to the —. in fact, the supreme court said this in the decision of — v — in 1833

Answer 9

National government
State
Barron v Baltimore

Question 10

After the war, the 14th amendment was added to the constitution, partially reading as though it were meant to tell — that they must adhere to the – - –

Answer 10

States

Bill of Rights

Question 11

In — the court added Freedom of the press to the first amendment

Answer 11

1931

Question 12

In — the court added freedom of assembly and petitioning the government for redress of grievances

Answer 12

1939

Question 13

*As late as 1937, the supreme court was still unwilling to nationalize civil liberties beyond the 1st amendment. The constitution, as interpreted by the supreme court in Palko v Connecticut, left standing the framework in which the states had the power to determine their own law on a number of fundamental issues

Answer 13

None

Question 14

— — is the process by which different protections in the Bill of Rights were incorporated or applied to the states using the 14th amendment, thus guaranteeing citizens’ protection from the state as well as national government - continues to occur gradually, up until the last incorporation case in 2010. (— is also sometimes referred to “absorption” or the “nationalizing” of the Bill Of Rights.

Answer 14

Selective Incorporation

Incorporation

Question 15

The Bill of Rights begins by guaranteeing freedom, and the 1st amendment provides for that freedom in two distinct clauses; 
# 1 is called the --- ---: "congress shall make no law respecting an establishment of religion

Answer 15

Establishment clause

Question 16

The Bill of Rights begins by guaranteeing freedom, and the 1st amendment provides for that freedom in two distinct clauses; 
#2 is called the --- --- ---: "congress shall make no law prohibiting the free exercise of religion"

Answer 16

Free exercise clause

Question 17

The — — and the idea of “no law” regarding the establishment of religion can be interpreted in several ways.

1) the government is prohibited from establishing n official church
2) the “nonpreferentialist” or “accomodationalist” view that government may not take sides among competing religions but may provide assistance to religious institutions or ideas as long as it shows no favoritism
3) “wall of separation” between church and state

Answer 17

Establishment clause

Question 18

*In Van Orden v Perry the court decided by a 5-4 margin that a display of the ten commandments t the Texas state capitol did not violate the constitution

Answer 18

None

Question 19

*In contrast to Van Orden v Perry, in the case of McCreary v ACLU of Kentucky the court determined, at the same time and also by a 5-4 margin, that a display of the ten commandments inside two Kentucky courthouses was unconstitutional

Answer 19

None

Question 20

The – – – protects the citizen’s right to believe and to practice whatever religion he chooses; it also protects the right to be a nonbeliever.

Answer 20

Free exercise clause

Question 21

*West Virginia State Board of Education v Barnette (1943) involved the children of a family of Jehovah’s witnesses who refused to salute and pledge allegiance to the American flag on the grounds that their religious faith did not permit it. Three years earlier, the court had upheld such a requirement and had permitted schools to expel students for refusing to salute the flag. But the entry of the US into war to defend democracy, coupled with the ugly treatment to which Jehovah’s witnesses children had been subjected, induced the court to reverse itself and to endorse the free exercise of religion even when it may be offensive to the beliefs of the majority.

Answer 21

None

Question 22

*Hosanna -Tabor Church v Equal Employment Opportunity Commission (2012) court ruled unanimously that employment discrimination laws did not apply to the hiring and firing of church leaders, including those who teach at religious educational institutions. This new “ministerial exception” created by the court left open the question of deciding who was and was not included in this exception.

Answer 22

None

Question 23

– – government policies or programs that seek to address past injustices against specified groups by making special efforts to provide member of these groups with access to educational and employment opportunities

Answer 23

Affirmative action

Question 24

– – – the first 10 amendments to the US constitution, ratified in 1791, they ensure certain rights and liberties to the people

Answer 24

Bill of rights

Question 25

– – – laws that declare a person guilty of a crime without a trial

Answer 25

Bills of attainder

Question 26

– v – – – the 1954 supreme court decision that struck down the “separate but equal” doctrine as fundamentally unequal. This case eliminated state power to use race as a criterion for discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions

Answer 26

Brown v board of education

Question 27

– – areas of personal freedom with which governments are constrained from interfering

Answer 27

Civil liberties

Question 28

– – obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies and of other private citizens

Answer 28

Civil rights

Question 29

– – – – – test to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society

Answer 29

Clear and present danger test

Question 30

– – literally, “by fact” ; practices that occur even when there is no legal enforcement such as school segregation in much of the US today.

Answer 30

De Facto

Question 31

– – literally, “by law”; legally enforced practices such as school segregation in the south before the 1960s

Answer 31

De Jure

Question 32

– – the 5th amendment right providing that a person cannot be tried twice for the same crime

Answer 32

Double jeopardy

Question 33

– – – – the right of every citizen against arbitrary action by national or state governments

Answer 33

Due process of law

Question 34

– – the right of government to take private property for public use

Answer 34

Eminent domain

Question 35

– – – provision of the 14th amendment guaranteeing citizens “the equal protection of the laws” this clause has served as the basis for the civil rights of African Americans, women and other groups

Answer 35

Equal protection clause

Question 36

– – the first amendment clause that says that “congress shall make no law respecting an establishment of religion” this law means that a “wall of separation” exists between church and state

Answer 36

Establishment clause

Question 37

– – the ability of courts to exclude evidence obtained in violation of the 4th amendment

Answer 37

Exclusionary rule

Question 38

– – – – laws that declare an action to be illegal after it has been committed

Answer 38

Ex Post Facto Laws

Question 39

– – one of three civil war amendments; guaranteed voting rights for Africana American men.

Answer 39

15th amendment

Question 40

– – speech that directly incites damaging conduct

Answer 40

Fighting words

Question 41

– – one of three civil war amendments; guaranteed equal protection and due process

Answer 41

14th amendment

Question 42

– – – the firth amendment clause that protects a citizens right to believe and practice whatever religion he or she chooses

Answer 42

Free exercise clause

Question 43

– – the jury that determines whether sufficient evidence is available to justify a trial; this does not rule on the accused’s guilt or innocence

Answer 43

Grand jury

Question 44

– – a court order demanding that an individual in custody be brought into court and shown the cause for detention

Answer 44

Habeas Corpus

Question 45

– a written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”

Answer 45

Libel

Question 46

– – the requirement, articulated by the supreme court in Miranda v Arizona (1966), that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel

Answer 46

Miranda rule

Question 47

– – an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the US, the courts forbid this except under the most extraordinary circumstances

Answer 47

Prior restraint

Question 48

– – – the right to be left alone which has been interpreted by the supreme court to entail individual access to birth control and abortions

Answer 48

right to privacy

Question 49

– – the process by which different protections in the bill of rights were incorporated into the 14th amendment thus guaranteeing citizen’s protection from state as well as national government

Answer 49

Selective incorporation

Question 50

– – – – doctrine that public accommodations could be segregated by race but still be considered equal

Answer 50

separate but equal rule

Question 51

– an oral statement made in reckless disregard of the truth which is considered damaging to the victim because it is “malicious, scandalous, and defamatory”

Answer 51

Slander

Question 52

– – speech accompanied by conduct such as sit-ins, picketing, and demonstrations. Protections of this form of speech under the first amendment is conditional and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order.

Answer 52

Speech plus

Question 53

– – test, used by the supreme court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden or proof on the government rather than on the challengers to show that the law in question is constitutional

Answer 53

Strict scrutiny

Question 54

– – one of three civil war amendments; abolished slavery

Answer 54

13th amendment

Question 55

This law was not included in the original constitution

— — —- — — —

Answer 55

Prohibition of warrantless search and seizure

Question 56

— Amendment
This provided that all of the protections contained in the bill of rights applied to the states as well as the national government

Answer 56

The 14th amendment

Question 57

the process by which some of the liberties in the bill of rights were applied to the states or nationalized is known as

Answer 57

Selective incorporation

Question 58

The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate or restrict speech

Answer 58

Strict scrutiny

Question 59

In McDonald v Chicago the supreme court ruled that The — —applied to states as well as the federal government.

Answer 59

Second amendment

Question 60

The 4th, 5th, 6th, and 8th amendments taken together define

— — – —

Answer 60

define due process of law

Question 61

Supreme court ruled that state governments no longer had the authority to make private sexual behavior a crime in the case of — v. —, this ruling meant that gay men and lesbians could claim rights to privacy.

Answer 61

Lawrence v Texas

Question 62

When did civil rights become part of the constitution?

Year? Amendment?

Answer 62

1868, the 14th amendment

Question 63

This was not a way the 24th amendment of 1964 and the voting rights act of 1965 significantly extended and protected voting rights

Answer 63

By requiring all voters to register two weeks before any federal election

Question 64

The supreme courts decision in Bakke v Board of Regents was significant because It stated that — is a compelling state interest and that university admissions that take racial categorized into account are constitutional as long as they are highly —.

Answer 64

diversity

individualized