25 terms

Ch. 15: Law and Due Process


Terms in this set (...)

The Supreme Court has struck down many religious practices in schools over the past decades, but it has constitutionally allowed
religious training in public schools after hours.
The concept of ________ refers to instances when the government attempts to censor something before its publication.
prior restraint
The meaning of the Ninth Amendment was clarified by the Supreme Court for the first time in 1965 when it was cited to protect privacy, a right that
is not described in the Constitution.
The judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial is called
the exclusionary rule.
The free-expression clauses are the provisions of the First Amendment involving
press and speech.
Which type of communication inflicts injury or incites an immediate disturbance of the peace, and therefore is NOT protected by the First Amendment?
fighting words
In ________ , the Court's landmark ruling prohibited states from paying instructors hired by parochial schools to teach secular subjects, ultimately creating a three-part "test" for similar cases.
Lemon v. Kurtzman
Once the Bill of Rights was written and ratified, it imposed limits on
the national government but not on the state governments.
Which clause of the Constitution specifically prevents the government from interfering with a person's religious practice?
free-exercise clause
Which concept, formulated by Justice Oliver Wendell Holmes in 1919, acts as the first step in analyzing any form of communication as free speech?
clear and present danger
Within the free-exercise clause, the Supreme Court has distinguished between ________ and ________ .
religious beliefs; actions based on those beliefs
The First Amendment protects the publication of all statements about public officials, even false ones, EXCEPT those that reflect
actual malice.
At the time of the Constitutional Convention, many New Englanders thought the national government could and should ________ , though many more Americans felt state governments should decide on this.
foster religion
What makes the Fourteenth Amendment so important?
It extends constitutional protections to the states.
What declares that "a well-regulated militia" and "the right of the people to keep and bear arms" will not be taken away?
Second Amendment
Civil rights, sometimes called " ________ ," declare what the government must do or provide.
positive rights
The Court's ruling in Miranda v. Arizona based on the Fifth Amendment led to creation of the Miranda warning, which protects citizens from
To distinguish between similar legal concepts, we can say that persons possess ________ , but governments possess ________ .
rights; powers
In the area of free speech, the United States is unique among all the world's democratic nations in that it
protects threatening and hateful speech.
In Lawrence and Garner v. Texas (2003), the Supreme Court reviewed a law that criminalized homosexual practices, and took the unusual step of
declaring a past decision was wrong and should be overruled.
What concept involves the use of evidence that was seized after a judge issued an erroneous warrant?
good faith exception
The Civil Rights Act of 1964 established the right to nondiscrimination in ________ and the right to equality in ________ .
public accommodations; employment
The significance of the outcome of Webster v. Reproductive Health Services (1989) is that
it was the first time that the Court upheld significant government restrictions on abortion.
For groups dissatisfied with rulings from the nation's courts, which pluralist action offers countermeasures to judicial intervention?
initiatives and referendums
The first time the Supreme Court ruled on any type of firearms issue, in 1939, it unanimously ruled that citizens were NOT protected by the Constitution regarding
sawed-off shotguns.