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47 Cards in this Set

  • Front
  • Back
Originally, the Bill of Rights was intended to limits the powers of the _________ government?
national
the principle of the "incorporation doctrine" with reference to the Bill of Rights us used by ___________ almost exclusively in the _____'s
supreme court

1900
with respect to the "establishment clause" of the 1st amendment and the current US supreme court decision, the court has upheld many kinds of ______ entanglements such as public funding for certain students in religious school and alloing religgious groups to meet in public schools
church
what does the "free exercise clause" refer to?
religious liberties
the "free exercise clause" can best be said that the court has viewed _________ of ones religious believes as an absolute righ
freedom
What is the direct incitement test?
a test applied by the court to determine whether or not a speech is protected
according to the us supreme court, what is nt protected from the first amendment speech protection?
libel and slander
what level of govt formulated rules that gave a greater role in determining what is obscene ?
LOcal
According to the Court's decision in New York Times Co. v. Sullivan, if libelous statements are made about a "public official," the finding of libel would stand as long as it were proven that
the offending story was false, defamed a person, and that actual malice was present.
The burning of an American flag as a means of political protest has recently been viewed by the U.S. Supreme Court as
symbolic speech that is protected by the First Amendment.
due process rights are procedural guarantees provided by the ______, ______, _____, and _______ amendments for those accused of _________.
fourth, fifth, sixth, eighth.

crimes
which case did the U.S. Supreme Court find that the Fifth Amendment requires that an individual arrested for a crime must be advised of his/her right to remain silent and to have counsel present?
miranda v. arizona
Which individual petitioned the U.S. Supreme Court to hear his case, whereby the Court subsequently ruled that poor defendants (like the petitioner) must be provided with an attorney by the state in felony cases?
Gideon
the right to __________ is not foind in either the main body of the constitution or its amendments
privay
which case has the court ruled that a state has an interest in protecting potential life and may prohibit some abortions?
roe v. wade
did the federalist support a bill of rights addition at the convention?
nO
have all the specific protection for individuals under the BIll of rights been applied to the tates through the incorporation doctrine?
yesss
based upon recent US supreme court decisions, are u allowed to read a prayer at a middle school graduation?
no
was the first amendment considered to provide absolute immunity from govt sanction for what speakers might say?
yes
is obscenity regarded as a symbolic speech by the court and there protected under the 1st amendment?
no
can the press be sued after the fact for untrue or libelous statements?
yes
t or f:
The U.S. Supreme Court has ruled that some warrant-less searches are NOT a violation of the Fourth Amendment.
true
t or f:
If a state's prosecuting attorney made a deliberate attempt to exclude all African-Americans or females from a jury, this would likely be ruled by the U.S. Supreme Court as a violation of the Constitution.
true
there is no specific mention of a right to privacy anywhere in the constitution including the amendments??? t or f?
true
The first ten amendments to the U.S. Constitution are known as the __________.
bill of rights
The __________ Amendment prohibits the government from establishing a religion.
First
Signs and other methods of expression are known as __________ speech and are considered to have First Amendment protection.
symbolic
The __________ Amendment provides that no person shall be compelled to be a witness against himself.
fifth
The judicially created rule that prohibits police from using illegally seized evidence at trial is known as the __________ rule.
exclusionary
Furman v. Georgia effectively put an end to __________ punishment, at least in the short run.
capital
Abortion rights are based upon the right to __________, which is also a judicially created doctrine.
Privacy
In the Roe v. Wade decision, the U.S. Supreme Court ruled that a woman has an absolute right to an abortion, free from state interference in the __________ trimester.
first
In the 1990s, a series of bills were passed by the Congress and vetoed by President Clinton dealing with late-term abortions. This legislation was known as the __________ Abortion Act.
partial birth
what does the first amendment include?
freedom of religion, speech, press, assemble, and petition
what are Miranda Rights?
statements made by police informing a suspect of their rights in 5th amendment and their right to an attorney
what do civil rights protect individuals from?
discriminatory treatment by govt or individuals based on race, sex, national orgin, age, or sexual orientation
what are due process rights?
garentees provided by the 4th, 5th, 6th and 8th amendments for those accused of crimes
what are civil liberties?
personal rights and freedoms that the federal gov cannot abridge by law, constitution or judicial interpretation
Miranda vs. Arizona?
ruling that the 5th amendment requires that individuals arrested for a crime must be advised of her right to remain silent and to have counsel present
what is the excluionary rule?
judicially created rule that prohibits police from using illegally seized evidence at trial
waht is subtantive due process?
principle in hich the upreme court has help the most, but not all, of the specific garentee in the bill of rights limit state and local governments by making those guarantees applicable to the states through the due process clause of the 14th amendment
Roe VS. Wade?
womans right to an abortion wa protected
prior restraint
judicial doctrine tating that the government cannot prohibit speech or publication b4 the fact
New York Times Vs. Sullivan
actual malice must be proved to support a finding of libel against public figure
what is establishment clause?
1st clause in 1st amendment. no national religion
what does libel mean?
false statements
what does slander mean?
untrue spoken statements