Chapter 4- AP Gov't Test

Selective Incorporation and the Incorporation Doctrine and relevant Court Cases.

- Selective Incorporation is a judicial doctrine whereby most, but not all, protections found in the bill of rights are made applicable to the states via the 14th amendment. - Incorporation Doctrine is an interpretation of the constitution holding that the due process clause of the 14th amendment requires state and local gov'ts to guarantee the rights stated in the bill of rights. - Barron v. Baltimore (1833), Gitlow v. New York, Palko v. Connecticut (1937), Near v. Minnesota, Engle v. Vitale, Abbington School District v. Schempp, Mapp v. Ohio, Gideon v. Wainwright, Miranda v. Arizona, are all nine of the relevant court cases.

How did the USA PATRIOT ACT limit civil liberties?

- The USA Patriot Act was created to help defend the US against terrorist activity. - Violates the first amendments free speech guarantees by barring those who have been subject to search orders from telling anyone about those orders, even in situations in which no need for secrecy can be proven. - Authorizes the FBI to investigate citizens who choose to exercise their freedom of speech, without demonstrating that any parts of their speech might be labeled illegal. - Enhances the ability of the gov't to curtail specific search and seizure restrictions in four areas. 1) Allows the gov't to examine an individuals private records held by third parties. 2) Expands the gov'ts right to search private property without notice to the owner. 3) Expands a narrow exception to the fourth amendment that had been created for the collection of foreign intelligence information. 4) Expands an exception for spying that collects, "addressing information" about where and to whom communications are going, as opposed to what is contained in the documents.

2nd Amendment Rights

-Dred Scott (1857): -Heller (2008):

A law declaring an act illegal without benefit of a judicial trial, is known as ________. - an ex post facto law - selective incorporation - a writ of habeas corpus - a bill of attainder - a contract clause

A bill of attainder.

Miranda v. Arizona (1966)

A landmark Supreme Court ruling holding that the 5th Amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have counsel present.

Bill of attainer

A law declaring an act illegal without a judicial trial.

The landmark abortion decision of Roe v. Wade was based on ________. - no prior decision as a basis for Roe v. Wade - an earlier decision concerning freedom of religion - an earlier decision concerning the right to privacy for married couples - an earlier decision about new medical standards in women's health care - an earlier decision about gender equality

An earlier decision concerning the right to privacy for married couples. ?

Hate Speech

Any communication that belittles a person or group on the basis of characteristics.

New York Co. v. Sullivan (1964)

Case in which the supreme court concluded that "actual malice" must be proven to support a finding of libel against a public figure.

Due process clause

Clause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee a variety of rights to individuals.

Prior Restraint

Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment.

8th Amendment

Death Penalty (Furman v. Georgia, Gregg v. Georgia) "Mentally Retarded" & Minors DNA Testing

A constitutional doctrine that prevents the government from prohibiting speech or publication before the fact is known as ________. - past restraint - prior restraint - slander - libel - defamation

Defamation. ?

8th Amendment

Enhanced interrogation

When government attempts to deprive a citizen of certain rights, the citizen must be allowed due process, which means that ________. - established procedures and laws must be followed - the government must give citizens ample time to adjust to the new restrictions (e.g., a "due date") - the government is not allowed to restrict civil rights - before making any decisions, the government must carefully weigh all of the pros and cons of depriving rights - the government must put any restrictions to a vote of the people

Established procedures and laws must be followed.

The two clauses in the Constitution that concern religion are the ________. - Due Process Clause and the Clear and Present Danger Clause - Establishment Clause and the Free Exercise Clause - Clear and Present Danger Clause and the Free Exercise Clause - Free Exercise Clause and the Due Process Clause - Establishment Clause and the Clear and Present Danger Clause

Establishment Clause and the Free Exercise Clause.

Libel

False written statement that defames a person's character.

In deciding to incorporate parts of the Bill of Rights into state laws since 1925, the Supreme Court has relied on the due process clause of the ________. - Fourteenth Amendment - First Amendment - Twenty-sixth Amendment - Fifth Amendment - Eighteenth Amendment

Fourteenth Amendment.

Near v. Minnesota was a landmark First Amendment decision affirming the ________. - the clear and present danger doctrine - incorporation doctrine - freedom of speech - freedom of assembly - the right to bear arms

Freedom of speech.

What are civil liberties, as defined by the American government? - Freedoms, found primarily in the Bill of Rights, that cannot be abridged by government - Equal treatment by government of all citizens and guarantees of equal citizenship for all Americans, as provided by the Bill of Rights - The provisions for minority protection under U.S. law, as written in the Declaration of Independence - Freedoms found in the Declaration of Independence granting equal protection in the eyes of the law - The Bill of Rights' provisions for the due process of law

Freedoms, found primarily in the Bill of Rights, that cannot be abridged by government.

What right or rights are entitled to the Supreme Court's highest and most rigorous standard of review? - Those protecting government's right to impose regulations on citizens - Those pertaining to due process and to a free, fair, and public trial - Those providing protection to citizens from government interference - Fundamental freedoms, defined by the Court as essential to order, liberty, and justice - Symbolic speech and other protected forms of expression outlined in the First Amendment

Fundamental freedoms, defined by the Court as essential to order, liberty, and justice.

Due Process and Habeas Corpus

GITMO

In U.S. cases involving the rule of clear and present danger, the burden of proof rests with the ________. - judge - jury - government - press - defendant

Government.

5th Amendment

Grand Jury (Not incorporated) No forced self-incrimination "Plead the 5 th " (Miranda v. Arizona) No Double Jeopardy Due Process (Procedural v. Substantive) Eminent Domain

Although there are strong challenges to the death penalty based on bias of its application, the Supreme Court has upheld it as an allowable sentencing option __________. - in most capital cases - in cases brought in state courts only - in cases involving developmentally disabled defendants - in all capital cases - in cases involving defendants who are minors

In most capital cases.

In recent years, the Supreme Court has ________. - increasingly upheld state restrictions on abortions because they failed to impose an "undue burden" on the mother - done nothing to protect women's physical access to abortions - restricted women's physical access to abortion throughout the country - permitted states to close down increasing numbers of abortion clinics - prohibited demonstrations within sight of abortion clinics

Increasingly upheld state restrictions on abortions because they failed to impose an "undue burden" on the mother.

Substantive Due Process

Judicial interpretation of the Fifth and Fourteenth Amendments' due process clauses that protects citizens from arbitrary or unjust state or federal laws.

Exclusionary rule

Judicially created rule that prohibits police from using illegally seized evidence at trial.

The procedural safeguard for the taking of private property for public use is found in the ________. - unreasonable searches and seizures of the Fourth Amendment - equal protection of the laws of the Fourteenth Amendment - cruel and unusual punishment of the Eighth Amendment - just compensation of the Fifth Amendment - the double jeopardy clause of the Fifth Amendment

Just compensation of the Fifth Amendment.

Ex post facto law

Law that makes an act punishable as a crime even if the action was legal at the time it was committed.

The Supreme Court uses the Lemon test (from the case of Lemon v. Kurtzman) to determine the constitutionality of which type of law? - Laws having to do with freedom of speech - Laws regulating obscenity - Laws applying to the privacy of citizens - Laws regulating the rights of the accused - Laws that define the separation between church and state

Laws that define the separation between church and state.

The Supreme Court case New York Times Co. v. Sullivan established the free speech standard to include all but ________. - protection of newspapers - trivial errors - proof that the statements were false - incidental errors - libel, fighting words, and obscenity

Libel, fighting words, and obscenity. ?

An ex post facto law is one that ________. - makes an act illegal that was legal when it was committed - is an act based upon a fact that has not yet happened - is passed after a person is convicted - is an act passed by Congress after the state legislatures have passed that act - is an act passed by state legislatures after Congress has passed the act

Makes an act illegal that was legal when it was committed.

In 2006, Congress passed the _______, which authorized a system to try alien unlawful enemy combatants and to deny access to the courts for any alien detained by the U.S. government determined to be an enemy combatant. - Detainee Treatment Act - McCain-Feingold Act - Uniform Code of Military Justice - Military Commissions Act - USA PATRIOT Act

Military Commissions Act.

The Second Amendment protects ________. - military interests - federal gun-license holders - individual rights - the collective rights of states - applicants for hand gun permits

Military interests. ?

Before entering a home to investigate the cause of a recent fire, the fire department must ________. - clearly identify the target of the investigation - gather evidence against the person who is subject of the wiretap - know a crime has been committed - obtain a warrant - set legal parameters and a time frame for the wiretap

Obtain a warrant.

First Amendment

Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition.

Fifth Amendment

Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. It provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without the due process of law. It also prevents the national government from taking property without just compensation.

Ninth Amendment

Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist.

Fourth Amendment

Part of the Bill of Rights that reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Sixth Amendment

Part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel.

Eighth Amendment

Part of the Bill of Rights that states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Double jeopardy clause

Part of the Fifth Amendment that protects individuals from being tried twice for the same offense in the same jurisdiction.

4th Amendment

Personal Records and collection of communication without a warrant.

Writs of habeas corpus

Petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government's case does not persuade the judge. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them.

4th Amendment (search and Seizure):

Probable Cause=Search Warrant Exigent Circumstances (Car) "Stop and Frisk" "Reasonable Suspicion" Exclusionary Rule (Weeks vs US and Mapp v. Ohio)

The Free Exercise Clause ________. - requires Web sites to abide by community standards for obscene materials - prohibits Congress from impeding religious beliefs - requires age-verification systems for Web sites - requires community colleges to install filtering software - prohibits making available offensive content to minors online

Prohibits Congress from impeding religious beliefs.

The Fifth Amendment, while principally providing guarantees protecting those who have been charged with a crime, also serves to ________. - allow government to take property for any reason - explicitly list the powers of Congress - allow individuals to refuse to sell property to a government body - give legitimacy to search and seizure actions by police - provide protection against the government seizing property without just compensation

Provide protection against the government seizing property without just compensation.

The Fifth Amendment, while principally providing guarantees protecting those who have been charged with a crime, also serves to ________. - provide protection against the government seizing property without just compensation - allow government to take property for any reason - explicitly list the powers of Congress - allow individuals to refuse to sell property to a government body - give legitimacy to search and seizure actions by police

Provide protection against the government seizing property without just compensation.

Which of the following caused the new national government of the United States to largely refrain from regulating speech until the Civil War? - Public outcry over the Alien and Sedition Acts of 1798 - Memories of the restrictions and punishments inflicted on colonial press by the British government during the revolution - Public outcry over the new Constitution's lack of a Bill of Rights - Public outcry over the creation of the clear and present danger test - Abolitionist pressure on governments to make publication and dissemination of positive accounts of slavery illegal

Public outcry over the creation of the clear and present danger test. ?

In the context of World War I, on the issue of free speech, the Supreme Court ________. - declared that speech cannot be a criminal act - replaced the clear and present danger standard with the standard of presumed reasonableness - replaced the standard of presumed reasonableness with the clear and present danger standard - expanded the standard of presumed reasonableness by adding the standard of clear and present danger - expanded the standard of clear and present danger by adding the presumed reasonableness standard

Replaced the standard of presumed reasonableness with the clear and present danger standard.

The Supreme Court has incorporated many of the rights included in the Bill of Rights. Define selective incorporation + Describe the application of selective incorporation to the decisions in three of the following cases: - Gitlow v New York - Near v Minnesota - Mapp v Ohio - Robinson v California - Gideon v Wainwright

Selective Incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are stated in the Bill of Rights. - Gitlow v. New York: the Supreme Court held for the first time that the states must protect freedom of speech. Since then, a series of court decisions have applied some, but not all, of the individual protections in the Bill of Rights to state governments. This case-by-case approach to deciding which portions of the Bill of Rights to apply to the states is known as selective incorporation. - Mapp v Ohio: Supreme Court decided that evidence obtained in violation of the Fourth Amendment clause that protects against unlawful searches and seizures may not be used in state courts as well as federal courts. - Gideon v Wainwright: Supreme Court unanimously ruled that state courts are required under the Fourteenth Amendment to provide counsel in criminal cases for defendants who are unable to afford to pay their own attorneys, extending the identical requirement made on the federal government under the Sixth Amendment.

1st Amendment

Speech and religion.

6th Amendment

Speedy, Public Trial Impartial Jury (Sheppard v. Maxwell) Counsel (Gideon v. Wainwright)

Miranda Rights

Statements required of police that inform a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by the court if the suspect cannot afford one.

Which process or test was used by the Supreme Court to protect citizens from arbitrary or unjust state or federal laws? - Substantive due process - The Lemon test - Selective incorporation - The incorporation doctrine - The Roth test

Substantive due process. ?

Symbolic Speech

Symbols, signs, and other methods of expression generally considered to be protected by the First Amendment.

Direct Incitement Test

Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.

Clear and Present Danger Test

Test articulated by the Supreme Court in Schenck v. U.S. (1919) to draw the line between protected and unprotected speech; the Court looks to see "whether the words used" could "create a clear and present danger that they will bring about substantive evils" that Congress seeks "to prevent."

Which of the following conditions is true about the USA PATRIOT Act? - Congress voted to revisit the terms of the USA PATRIOT Act after 5 years. - The Act allows the federal government to review an individual's private records held by a third party. - American citizens have stood rigidly against the USA PATRIOT Act since it was passed. - The standard for conducting physical searches is now dropped. - The federal and district judges must meet before a panel before allowing the USA PATRIOT Act to be followed.

The Act allows the federal government to review an individual's private records held by a third party. ?

In the Pentagon Papers case, the Supreme Court ruled ________. - secret agreements between the United States and the Soviet Union could not be published - the U.S. government could not stop The New York Times from publishing secret Department of Defense documents - prisoners of war from World War II had to suppress stories of their mistreatment - the publication of espionage plans by the Soviet Union did not violate free speech - the U.S. government did not deny The New York Times its right of free speech

The U.S. government could not stop The New York Times from publishing secret Department of Defense documents.

The USA Patriot Act was passed after terrorist attacks of September 11, 2001. Describe the USA Patriot Act + Identify and describe two provisions in the Bill of Rights that the USA Patriot Act affects.

The USA Patriot Act was created to help defend the US against terrorist activity. It allows the government to use new technologies to address new threats. It dismantles the wall of legal and regulatory policies erected to sharply limit the sharing of information between intelligence, national security, and law enforcement communities. It allows government agencies to use the procedures and tools already available to investigate organized and drug crime. 1. Sneak-and-peek warrants, also called delayed-notification warrants, allowed law enforcement to conduct a covert search without informing the suspect of the search until later. This affects the 4th amendment. 2. It goes against key elements of the due process rights guaranteed by the Fifth Amendment. The Patriot Act makes it legal for any non citizen to be imprisoned indefinitely, without the assistance of counsel, without the right to face their accuser and be denied access to the courts.

To be legal, a search warrant must specify ________. - the officers who will be searching a location - the approximate time of day that the search will occur - the area to be searched and what police are searching for - the people who police believe committed a crime - the means by which the search will be carried out

The area to be searched and what police are searching for.

In Mapp v. Ohio (1961), the Supreme Court developed which rule preventing police and prosecutors from using evidence gained through warrantless and unreasonable searches to convict people? - The exclusionary rule - The due process rule - The admission rule - The equal protection rule - The establishment rule

The due process rule. ?

The principle established by the Supreme Court, holding that evidence gathered illegally cannot be introduced into trial, is known as ________. - the rule against prior restraints - the USA PATRIOT Act - due process - the Miranda rule - the exclusionary rule

The exclusionary rule.

The principle established by the Supreme Court, holding that evidence gathered illegally cannot be introduced into trial, is known as ________. - the rule against prior restraints - the exclusionary rule - due process - the Miranda rule - the USA PATRIOT Act

The exclusionary rule.

Tenth Amendment

The final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people.

Establishment Clause

The first clause of the 1st amendment; it directs the national gov't not to sanction an official religion.

Bill of Rights

The first ten amendments to the Constitution, which guarantee specific rights and liberties.

Civil Rights

The gov't-protected rights of individuals against arbitrary or discriminatory treatment by gov'ts or individuals.

Which is included as part of the free exercise clause of the First Amendment? - The government may not designate an official religion. - The government may not interfere with the individual practice of religious beliefs. - The government may not become involved with religious teaching. - The government may not favor religion over non-religion. - The government may not embrace some religions at the expense of others.

The government may not interfere with the individual practice of religious beliefs. ?

In the United States, individual rights and civil liberties are granted by ________. - civil rights legislation - the people themselves, who believe humans are inherently entitled to freedoms and rights - the Constitution - the federal government - the state government

The people themselves, who believe humans are inherently entitled to freedoms and rights.

Civil Liberties

The personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.

In the early twentieth century, the Supreme Court described the right to privacy as ________. - the right to live free or die - an unclear constitutional proposition - the right to be left alone - guaranteed by the First Amendment - part of the freedom of assembly

The right to be left alone.

Rights to privacy

The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the First, Third, Fourth, Ninth, and Fourteenth Amendments.

Free Exercise Clause

The second clause of the 1st amendment; it prohibits the U.S. gov't from interfering with a citizen's right to practice his/her religion.

In the 1780s, why did many Americans insist on including the "Bill of Rights" in the new Constitution? - They did not trust the new national government to protect civil liberties without it. - They wanted to give the president more power relative to Congress. - They believed that the national government did not have enough power. - They distrusted states with the power given to them by the Constitution. - They were pressured to do so by their local governments.

They did not trust the new national government to protect civil liberties without it.

The Supreme Court has incorporated most of the amendments that make up the Bill of Rights so that they protect citizens against state laws. They have not done so for certain amendments, however, including the ________. - Third Amendment (housing of soldiers) - Fourth Amendment (search and seizure) - Fifth Amendment (self-incrimination) - First Amendment (freedom of speech) - Sixth Amendment (right to jury trial)

Third Amendment (housing of soldiers)?

Fundamental Freedoms

Those rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review.

Lemon Test

Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues.

Slander

Untrue spoken statements that defame the character of a person.

Legal opinion about the establishment clause of the First Amendment is split between strict separation of church and state and accommodation of all religions. The tension between the two camps results in Supreme Court rulings that ________. - vary depending on the case and the justices on the Court - are ignored at the state level - try to find common ground for all religions - have been remarkably consistent over the years - seem to provide support for both sides at the same time

Vary depending on the case and the justices on the Court.

Fighting Words

Words that, "by their very utterance inflict injury or tend to incite an immediate breach of peace." Fighting words are not subject to the restrictions of the First Amendment.

Article I of the Constitution guarantees ________ to prisoners, such as knowing what charges are being pressed against them. - ex post facto law - bills of attainder - common-law marriages - search warrants - writs of habeas corpus

Writs of habeas corpus.

The Fifth Amendment protection against self-incrimination means that ________. - you have a right to confront witnesses against you - you cannot be forced to be a witness against yourself - police officers may use whatever force is necessary to protect themselves from harm in arrest situations - you cannot present testimony in your own criminal trial - you can be granted immunity from prosecution in exchange for your testimony

You cannot be forced to be a witness against yourself.