American Government (5th Edition) Chapter 4 & Vocab [McClain, Tauber]

The constitutional freedom that Americans enjoy and on when the government may not encroach

Civil Liberties

The application of the Bill of Rights to state and local governments,

Incorporation

A provision in the Fifth Amendment to the Constitution that requires the government to provide compensation when it takes private property for public use.

Eminent Domain

The process by which the Supreme Court has gradually incorporated specific liberties deemed absolutely necessary in a free society.

Selective Incorporation

A guideline that requires the government to demonstrate that banned expression poses a definite and immediate threat to peace or national security.

Clear and Present Danger Test

Derisive, insulting, or offensive words that inflict damage on other people and we are therefore not protected by the First Amendment

Fighting Words

Hostile expression based on race, ethnicity, gender, LGBTQ identity, or religious preference.

Hate Speech

The government's attempt to prevent publication of material it deems objectionable.

Prior Restraint

The publication of written material that damages a person's reputation

Libel

A provision in the First Amendment to the U.S. Constitution that prevents the government from endorsing religion

Establishment Clause

A constitutional principle that prevents the governed (federal, state, or local) from interfering with or advancing religion or religious activity.

Separation of Church and State

A provision in the First Amendment to the U.S. Constitution that prevents the government from prohibiting people from practicing their religion.

Free Exercise Clause

A legal document that allows law enforcement to search someone's person, home, or business.

Search Warrant

A legal requirement that there be or more evidence indicating guilt than indicating innocence before a law enforcement officer can act.

Probable Cause

A judicially created civil liberties protection that prohibits the use of evidence gathered in violation of the Fourth Amendment.

Exclusionary Rule

A law enforcement technique that singles out suspects on the basis of their race or ethnicity.

Racial Profiling

The Supreme Court's requirement that law enforcement must inform criminal suspects of the following: (1) That they have the right to remain silent, (2) that anything they say can be used against them in court, (3) That they have the right to the presence of an attorney, and (4) that if they cannot afford an attorney, then the court will appoint one before the interrogation takes place.

Miranda Rights

The right of each side in a legal case to discard a set number of potential jurors without needing to express a reason for doing so.

Peremptory Challenges

An extension of the right to privacy that includes an individual's right to refuse life-saving medical treatment but does not include the right to commit suicide.

Right to Die

In the case of Charlottesville, the government possesses the authority to __________________________________________________.

stop an assembly when it threatens public safety.

The Bill of Rights was:

Not part of the original Constitution.

After the initial Constitution was drafted, many political leaders contended that a:

Bill of rights was necessary to protect against government encroachments on civil liberties.

Many Framers like __________________ and _____________________, opposed including a bill of rights in the Constitution.

Alexander Hamilton, James Madison

To increase support for ratification, Madison agreed to propose a bill of rights as constitutional amendments after the:

Constitution was ratified.

In ________, Representative Madison encouraged Congress to propose amendment to the Constitution that would constitute a bill of rights.

1789

Congress proposed __ amendments, and in _____, states ratified ___, which became the:

12, 1791, 10, Bill of Rights

Initially, the Bill of Rights applied ONLY to the:

National government

By the early nineteenth century, it was clear that state and local governments were ______________________________________________, even those contained in the _____________________________.

violating civil liberties, Bill of Rights

An example of the incorporation problem occurred during the early _____________________ century when the city of Baltimore engaged in construction projects to ___________________________________________________________.

nineteenth, improve the quality of life in the city.

Because Baltimore's construction project cost Barron a considerable sum of money, he ______ the city, and the trial court awarded Barron compensation in accordance with the _______________________________________________________________________________. (Requires government to provide compensation when it takes private property for public use.)

sued, Fifth Amendment eminent domain clause.

In 1833, the U.S. Supreme Court ruled that Baltimore didn't need to compensate Barron because the 5th amendment:
In other words, the Supreme Court:

Didn't apply to the states and localities, Refused to incorporate the Bill of Rights.

U.S. Supreme Court Justice John Marshall Harlan, argued that the protections contained in the Bill of Rights were:

Inherent in the concept of "due process of law" and therefore the due process clause should incorporate the entire Bill of Rights.

In the 1884 case of Hurtado v. California, the Supreme Court _________________ to use the due process clause to incorporate the _________________________ after the state of California indicted ___________________ for a capital crime without a _________________________, an action that the _________ amendment prevents.

refused, Bill of Rights, Hurtado, grand jury, 5th

The selective incorporation principle was first announced in the 1937 case of ______________________________________.

Palko v. Connecticut

Since 1937, especially during the _______ and ________, the Supreme Court gradually incorporated almost ___ of the liberties contained in the _________________.

50s, 60s, all, Bill of Rights

Because of selective incorporation, most _________________________ are now uniformly applied throughout the U.S.

civil liberties

An essential ingredient of free expression is the right to ________________________________.

Political dissent

Espionage Act

A post WW1 law that criminalized the publication or distribution of "information" that could harm or hinder US armed forces as well as of "false reports or false statements" intended to promote America's enemies.

The government also targeted members of the __________, ________________________, and ________________________________________________-.

clergy, labor unionists, African Americans advocating for their civil rights

Who was Emma Goldman?

Was a Jewish Russian immigrant anarchist who advocated overthrowing the government in the early twentieth century. She was imprisoned and eventually deported for expressing her views.

The Supreme Court from the __________ through the __________ usually rules that the mere advocacy of communism or socialism was not protected by the _______ amendment.

1920s, 1950s, First

McCarthyism

The term associated with Senator Joseph McCarthy who led the search for communists in America during the early 1950s through his leadership in the House Un-American Activities Committee.

In early June 2020, President Trump and attorney general William Barr ordered _____________________________ to use force to remove peaceful protesters from Lafayette Square in Washington D.C..

Military police

Flag Desecration

A method of expressing opposition to American policies and even the American system of government itself.

In 1989, the U.S. Supreme Court included __________________________ as a form of political dissent protected under the ________ amendment.

flag desecration, First

_______________ is a form of expression with limited First Amendment protection.

Pornography

____________, __________, and ___________ governments contend that to protect the safety and morals of their citizens, they possess the authority to ____ sexually explicit material.

National, state, local, ban

When deciding the level of protection to afford sexually explicit material, the U.S. Supreme Court has distinguished between obscene material, which is ____________________________, and non obscene material, which is __________________

not protected, protected

_________ and __________ governments allowed to ban literature, including classics, because merely a few passaged could _________________________.

State, local, harm children.

The Miller standard (Miller v. California) stipulates that material is ________________________________________ if the work as a whole is ____________________________________________________________________________________________________________________________.

protected under the First Amendment, not excessively sexual or if it has political, literary, artistic, or scientific value.

Under the Miller standard, ________ communities can ______________ the dissemination or display of sexually explicit material, including the sale of _______________________________________________ and the establishment of ___________________________________________.

local, regulate, pornographic magazines, adult entertainment businesses.

In the 1971 landmark case of _______________________________, the Supreme Court significantly limited states' ability to ___________________________________________________________________________________.

Cohen v. California, criminalize the public display of curse words.

During the late 1980s and early 1990s, many _________, ________________, and ______________________________ adopted regulations prohibiting hate speech.

states, localities, and public universities

In 1992 however, the U.S. Supreme Court struck down bans on hate speech, ruling that although governments can ban fighting words, they cannot __________________________________________________________________________________________________.

prohibit fighting words specifically directed toward minority groups.

"Disparagement Clause" of Lanham Act

Prevents the national government from awarding trademarks that are disparaging.

Simon Tam stated that using the term for his band "The Slants", was actually a way to:

Combat offensive stereotypes of Asian Americans.

The Supreme Court unanimously ruled that the "Disparagement Clause" __________________ the First amendment freedom of expression

Violated

For example, while students are free to express offensive generalizations against African Americans, they cannot:

Threaten African Americans with racists symbols, such as placing a noose outside someone's dorm.

In Germany (and several other European nations), it is:
Whereas the United States Constitution:

illegal to deny the existence of the Holocaust; protects this view

If a public figure suing for libel cannot prove that the publication intended to inflict harm, thenthe publication:

is protected under the First Amendment.

President Trump complained about libel protections and argued that the law:

Should be changed to allow public figures greater latitude to sue media outlets.

Which of the following is not protected by the First Amendment?

Fighting Words

The Free Exercise Clause ensures that:

All Americans are free to worship as they choose.

Since the 1960s, the U.S. Supreme Court has consistently ruled that all forms of organized prayer in public schools:

Violate the establishment clause

The Supreme Court has ruled that _________________ do not directly aid religion and are thus ________________________.

Vouchers, Constitutional

During the 1970s, Bob Jones University, a Christian college, lost its tax-exempt status because its ban on __________________________________________________________ violated ___________________________________________________.

Interracial dating and marriage, federal civil rights laws.

Employment Division v. Smith (1990)

Held that the Free Exercise Clause permits the States to prohibit sacramental peyote (cactus with psychoactive alkaloids) use and thus to deny unemployment benefits to persons discharged for such use.

Which of the following is permitted in regards to government and religion?

The provision of funds that aid religious institutions

School voucher programs have general benefitted:

Parochial schools

The case of Employment Division v. Smith diminished religious liberty for:

Adherents of nontraditional religions

Amendments from the Bill of Rights protect individuals and limit government law enforcement at each stage of the Criminal justice process like
Investigation -
Trial -
Punishment -

Fourth and Fifth, Sixth, Eighth

In 1967, the Supreme Court ruled that law enforcement agents needed a ____________ before listening to private telephone conversations with a wiretap device. However, in fighting terrorism since the Sept. 11th, 2001, attacks, the U.S. government has conducted electronic wiretap investigations of suspected terrorists ____________________________________.

warrant, without warrants

Law enforcement officers are more likely to stop, search, and even arrest ____________________________________ than they are likely to stop and search ___________________.

African Americans, Whites

The size of juries varies across states, ranging from ____________________ members.

six to twelve

Flowers v. Mississippi (2019)

The trial court at Curtis Flowers' sixth murder trial committed clear error in concluding that the state's peremptory strike of a particular black prospective juror was not motivated in substantial part by discriminatory intent.

prisoners who are victims of excessive beatings can ________________________ on the basis of their Eighth Amendment rights.

sue in federal court

In 1976 the Supreme Court ruled that __________________________________ does not violate the __________ Amendment, and the Court has also upheld ___________ authority to choose their methods of execution, despite claims that some forms of execution cause immense suffering before killing the inmate.

capital punishment, Eighth, states'

As of 2020, ____ states have the death penalty, and ___ states plus the District of Columbia do not.

29, 19

Since 2007, ______ states that had capital punishment (Connecticut, Illinois, Maryland, New Hampshire, New Jersey, New Mexico, and Washington) have ________________ it.

seven, abolished

Which amendment to the Constitution is not related to criminal justice?

Fifth

Racial profiling is unconstitutional based on which amendment?

Fourth

The right to a fair trial is protected by which amendment?

Seventh

The Eighth Amendment protects Americans from

Cruel and unusual punishment

Right to Privacy

The right to a private personal life free from the intrusion of government.

Bowers v. Hardwick (1986)

The supreme court ruled during this trial that the fundamental right to engage in sodomy with homosexuals is not protected by the due process clause in the fifth and fourteenth Amendments.

Griswold v. Connecticut (1965)

U.S. Supreme Court overturned a law banning the dissemination of birth control because it violated an unwritten constitutional right to privacy that allows couples access to birth control.

The right to an abortion is segmented into _________________________________ (periods of ___________________________ each).

three trimesters, three months

In the first trimester, states have _____ authority to regulate abortions.

no

In the second trimester, states _____ regulate abortions to ___________ the mother's health.

can, protect

In the third trimester, when the fetus is most able to live outside the woman's womb, states are ________ to ________ abortions in most instances.

free, ban

Many states require women to ____________________________________ before getting an abortion, _________________________________________________ before a woman can receive an abortion, and order minors to _________________________________________ or even seek __________________________________ before getting an abortion.

receive counseling, impose a waiting period (up to 24 hours), notify their parents, parental consent

Five states passed laws banning abortion after six weeks of pregnancy, which is usually before a woman knows she is pregnant. Which states are these?

Georgia, Kentucky, Louisiana, Mississippi, and Ohio

Other states like ______________ and _______________ banned the surgical procedure that is commonly used in abortions.

Indiana, North Dakota

States like ______________, _________________, and _________________ have outlawed obstructing a woman seeking an abortion.

Illinois, New York, Vermont

As of 2019, six states had only _____ abortion provider in the entire state. Which states are these?

Kentucky, Mississippi, Missouri, North Dakota, South Dakota, and West Virginia

Which case found that laws banning consensual sexual activity between adults infringe on an individual's right to privacy?

Lawrence v Texas

Which case allowed states to impose restrictions on abortion as long as it did not place an "undue burden" on a woman's right to end a pregnancy?

Planned Parenthood of Southeastern Pennsylvania v Casey

Freedom of religion, speech, press, assembly, and petition.

1st amendment

Right to keep and bear arms in order to maintain a well regulated militia.

2nd Amendment

No quartering of soldiers

3rd Amendment