Chapter 4 GOVT

areas of personal freedom constitutionally protected from government interference

• Civil rights
• Government regulations
• Public policies
• Civil liberties

a court order that the individual in custody be brought into court and shown the cause for detention; habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion

• Ex parte order
• Injunction
• Writ of certiorari
• Habeas corpus

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

• Bill of Rights
• Amendment Act
• Constitutional Rights
• Federalist Papers

the 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

• Judicial review
• Federal supremacy
• Total incorporation
• Selective incorporation

the 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

• The Establishment Clause of the First Amendment.
• The Free Exercise Clause of the First Amendment.
• The Separation of Powers doctrine.
• The Religious Freedom Restoration Act.

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

• Free Exercise Clause
• Separation of Church and State
• Religious Freedom Act
• Establishment Clause

a rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to “excessive entanglement” with religion

• Lemon Test
• Religious Freedom Restoration Act
• Free Exercise Clause
• Establishment Clause

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

• first amendment test
• freedom of speech doctrine
• public interest standard
• clear and present danger test

speech that directly incites damaging conduct

• Freedom of speech
• Political dissent
• Public protest
• Fighting words

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

• Absolute protection

• Expressive conduct

• Speech plus