z: ch 4 final

Question 1

civil liberties

Answer 1

the legal constitutional protections against the abuses of government (individuals v government)

Question 2

civil rights

Answer 2

for groups of people who are being discriminated by the government etc

Question 3

selective incorporation

Answer 3

a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens. the federal government limiting states lawmaking powers

Question 4

14th amendment

Answer 4

equal protection and due process. no state can deprive a person of life, liberty, or property protects citizens of their privileges and immunities.

Question 5

equal protection

Answer 5

states cannot unreasonably discriminate against individuals(race, sex, age)

Question 6

due process

Answer 6

part of the 14th amendment guaranteeing that persons cannot be deprived of life, liberty or property by the U.S. or state governments w/o due process of the law

Question 7

1st amendment

Answer 7

RAPPS freedom of speech religion press assembly and petition the government

Question 8

prior restraint

Answer 8

a government preventing material from being published (ex: troop movement)

Question 9

clear and present danger

Answer 9

adopted under the supreme court to determine limits on the 1st amendment (don”t scream fire in a theater)

Question 10

libel

Answer 10

the publication of false or malicious statements that damage someone’s reputation

Question 11

slander

Answer 11

spoken false or malicious statements that damage someone’s reputation. must prove that act was done with malice

Question 12

obscenity

Answer 12

miller v california defined

• appeals to a prudent lustful interest in sex
• showed potentially offensive sexual contact
• lacks serious library, artistic, political or scientific value

Question 13

establishment clause

Answer 13

congress shall make no law respecting the establishment of religion. no national religion

Question 14

the free exercise clause

Answer 14

prohibited government from interfering with the practice/non-practice of religion. some religion PRACTICES may conflict with others rights then they can be denied or punished.

Question 15

2nd amendment

Answer 15

right to keep and bear arms–> not fully incorporated to the states

• d.c v heller
• united states v lopez

Question 16

3rd amendment

Answer 16

no quartering of troops

Question 17

4th amendments

Answer 17

unreasonable searches and seizure are illegal. right to privacy

Question 18

probable cause

Answer 18

a justsble reason to believe a person should be arrested

Question 19

unreasonable search and seizure

Answer 19

evidence is obtained in a haphazard/random manner

Question 20

exclusionary rule

Answer 20

the rule that evidence/no matter how incriminating cannot be introduced into trail of it was not constitutionally obtained

Question 21

5th amendment

Answer 21

protects against self-incrimination, double jeopardy, and due process, as well as a right to a grand jury (unless there is war)

• barron v baltimore
• korematsu v us
• miranda v arizona
• palko v conneticut

Question 22

self-incrimination

Answer 22

i plead the 5th. suspects cannot be forced to help in their own conviction by giving confessions

Question 23

eminent domain

Answer 23

power of the government to take private property for public use

Question 24

double jeopardy

Answer 24

you cannot he tried for the same crime twice

Question 25

6th amendment

Answer 25

CRIMINAL CASESright to a speedy trial right to an impartial jury and right to a lawyer

Question 26

right to counsel

Answer 26

the state just provide lawyers in most criminal cases and trial by an impartial jury

Question 27

habeas corpus

Answer 27

those who are arrested have the right be brought before a judge and have their case heard

Question 28

7th amendment

Answer 28

CIVIL CASES right to a jury, lawyer etc

Question 29

9th amendment

Answer 29

protects rights not specifically said in the constitution.—> more to right to privacy

Question 30

10th amendment

Answer 30

powers not delegated to federal government is delegated to the states.

Question 31

impermissible speech

Answer 31

obscenity, libel/slander and clear and present danger

Question 32

freedom of religion supreme court cases

Answer 32

engle v vitale

lemon v kurtzman

Question 33

freedom of expression supreme court cases

Answer 33

texas v johnson
buckley v valeo
dennis v us
gitlow v new york
miller v california
schenk v us
tinker v des moine

Question 34

lemon test (establishment clause)

Answer 34

1. secular legislative purpose
2. should not advance nor inhibit religion
3. it must not cause excessive entanglement with religion

Question 35

8th ammendment

Answer 35

free from cruel and unusual punishment

• death penalty(only for 1st degree murder) –>varies by state
• colorado is a death penalty state
• furman v georgia
• gregg v georgia