Chap 4: Civil Liberties

Question 1

civil liberties

Answer 1

protections from improper gov’t action
determine what gov’t may/may not do to restrict individual freedom

Question 2

civil rights

Answer 2

protections of citizen equality by the gov’t

Question 3

habeaus corpus

Answer 3

article 1 section 9
a legal recourse through which a detained individual can request the court order the individual’s detainee to bring the individual in custody into court and be shown the cause for detention
suspended only in cases of rebellion or invasion

Question 4

Bill of Rights

Answer 4

first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people

Question 5

Selective Incorporation

Answer 5

process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments

Question 6

establishment clause

Answer 6

First Amendment clause that says “Congress shall make no law respecting an establishment of religion”; this constitutional provision means that a “wall of separation” exists between church and state

Question 7

free excercise clause

Answer 7

First Amendment clause that protects a citizen’s right to believe and practice whatever religion they choose

Question 8

establishment clause interpretation 1

Answer 8

the national government is prohibited from establishing an official church

Question 9

establishment clause interpretation 2

Answer 9

government may provide assistance to religious institutions or ideas as long as it does not take sides or show favoritism among them

Question 10

establishment clause interpretation 3

Answer 10

“wall of separation” between church and state

Question 11

the “Lemon” test

Answer 11

test used by US courts to determine if governmental action violates the Establishment clause or removes the barrier between church and state

Question 12

“clear and present danger” test

Answer 12

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

Question 13

fighting words

Answer 13

speech that directly incites damaging conduct

Question 14

“speech plus”

Answer 14

speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection 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

Question 15

prior restraint

Answer 15

effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the United States, the courts forbid prior restraint except under the most extraordinary circumstances

Question 16

shield laws

Question 17

libel

Answer 17

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

Question 18

slander

Answer 18

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

Question 19

due process of law

Answer 19

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

Question 20

exclusionary rule

Answer 20

the ability of courts to exclude evidence obtained in violation of the Fourth Amendment

Question 21

grand jury

Answer 21

jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused’s guilt or innocence

Question 22

double jeopardy

Answer 22

Fifth Amendment right providing that a person cannot be tried twice for the same crime

Question 23

Miranda Rule

Answer 23

requirement, articulated by the Supreme Court in Miranda v. Arizona, 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

Question 24

jurisprudence

Question 25

right to privacy

Answer 25

the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions

Question 26

eminent domain

Answer 26

the right of government to take private property for public use

Question 27

takings clause

Answer 27

regulates eminent domin by requiring that the government show a public purpose and provide fair payment for the taking of someone’s property

Question 28

alien and sedition acts

Answer 28

4 laws
passed by a Federalist controlled gov’t (1798)
passed in response to potential war with France
citizenship requirement raised 5 to 14 years
president authorized to deport “aliens” and allowed arrest, imprisonment, and deportation of them during wartime

Question 29

10 ammendments

Answer 29

-freedom of religion, speech, press
-right to bear arms
-right against housing of soldiers
-protection against unreasonable search and seizure
-protection of rights to life, liberty, property - remain silent/double jeopardy
-Jury trial, right to confront and counsel
-rights in civil cases - jury trial
-excess bail and fines - cruel and unusual punishment
-other rights kept by the people, non-enumerated rights
-undelegated powers kept by the people, powers not delegated to US by the Constitution