1. The basic rights and liberties guaranteed and protected by the Constitution. 2. The fundamental rights of all persons, rights that cannot be legally denied by government action. 3. Limitations on governmental power in support if individual freedom. 4. Examples of these include freedom of conscience, religion and expression and other First Amendment freedoms. 5. Examples of these include the right to equal protection of the laws and the right not to be deprived of life, liberty, and property without due process of law. 6. Examples of these include the rights of persons accused of crime. 7. Entitlements, benefits, advantages, allowances, and conces- sions granted by government, usually by legislative statute or by decision of executive agencies operating under and im- plementing statutory law. 8. Government-granted entitlements, benefits, advantages, al- lowances, and concessions to which no one has a constitu- tional right. 9. Examples of these include a license to drive an automobile on public roads, highways and streets, welfare payments, and a license to teach, preach or practice law or medicine. 10. In 1791, when these amendments were ratified and became parts of the United States Constitution, they applied as limitations on the authority of the national government only. 11. In 1868, when this amendment was ratified and became a part of the U.S. Constitution, the amendment contained a Due Process Clause which applied as a limitation on the authori- ty of the states and their local subdivisions. 12. Beginning in the 1930s and continuing at an accelerated pace during the 1960s, the U.S. Supreme Court, in case after case, interpreted the Fourteenth Amendment Due Process Clause to include provision after provision of the Federal Bill of Rights. What is this process called? 13. Today, the Due Process Clause of the Fourteenth Amendment imposes on the states and their local subdivisions almost all of the provisions of the Federal Bill of Rights. Which provisions are excepted? 14. The process of judicial construction which made the U.S. Courts, under the guidance of the U.S. Supreme Court, the most important protectors of civil liberties in the U.S.A. 15. A three-part constitutional test established by the U.S. Supreme Court to determine the federal constitutionality of a law or other governmental action challenged on grounds that it violated the Establishment Clause of the First Amendment. 16. The doctrine holding that the Establishment Clause forbids governmental practices which a reasonable person would view as endorsing religion, even if no coercion is involved. 17. Governmental review and approval before a speech can be made, a motion-picture can be shown, or a newspaper can be published. 18. A law must not allow the executive officers enforcing the law so much discretion that they could discriminate against persons and groups whose views they dislike. 19. Laws must not be so vague that persons are afraid to exer- cise constitutionally protected rights. 20. A legislature, even for an important reason, may not pass a law that impinges on First Amendment freedoms, if there are other, less drastic ways to handle the problem. 21. Under this constitutional test, the U.S. Supreme Court is likely to declare unconstitutional a law regulating some kinds of speech but not others, or speech expressing some views but not others. 22. The type of speech or expression that government constitu- tionally may not prohibit as false and misleading advertis- ing. 23. The current rule of law regarding government censorship of the mail. 24. The position of the U.S. Supreme Court on the right claimed by news reporters to protect their information sources by ignoring legal requests and withholding information from such governmental bodies as grand juries and legislative investigating committees. 25. The position of the U.S. Supreme Court on the right claimed by news reporters to use false identities to gain entrance to facilities in order to expose racial distrimination, em- ployment discrimination, and financial fraud. 26. The U.S. Supreme Court's approach to protecting persons on trial from inflamatory publicity. 27. The current rule of law regarding federal statutes authoriz- ing household censorship of mail. 28. State laws which provide reporters and their news sources with some degree of protection from state court subpoenas. 29. A patently offensive interest in sex over and beyond those interests that would be characterized as normal. 30. Speech that has a direct tendency to cause acts of violence by the person to whom, individually, the remarks are ad- dressed. 31. Advocacy by speech or publication of the violent and forci- ble overthrow of the duly established government. 32. The right of the people to congregate for the discussion of public questions and organize political parties, political interest groups, and other political organizations for the purpose of influencing, shaping, and exerting control over public policy. 33. Public places historically associated with the free exercise of expressive activities, e.g., streets, sidewalks, and parks. 34. The kinds of public property available for limited purposes, a limited amount of time, and a limited class of speakers, e.g., only students, only teachers, only employees. 35. As long as people use these public facilities within the normal bounds of conduct, they constitutionally may not be restrained from doing so. 36. The legal right of householders to ask the Postmaster to delete their names from all mailing lists and refrain from sending any advertisements that they believe to be erotic- ally arousing or sexually provocative. 37. A group of people refusing to obey the law, or refusing to comply with the lawful orders of public officials, as a means of expressing their opposition to the government or some of its laws and policies. 38. The federal constitutionality of state court injunctions imposing restrictions on anti-abortion protest demonstra- tions depends on whether the injunctions burden no more speech than necessary to serve a significant government in- terest, such as ensuring public safety and protecting the right of women to go into abortion clinics.
1. A court order directing a government official who has a per- son in custody to bring the prisoner to court and show cause for his detention. 2. A remedy available to effect a person's discharge from any confinement contrary to the Constitution or fundamental law. 3. A law which makes an act a crime that was not a crime when committed, increases the penalty for a crime after its com- mission, or changes the rules of evidence so as to make it easier to convict a person already charged. 4. An act passed by the legislature specifying an individual person by name, declaring him to be guilty of specified crimes, and setting his punishment. 5. A legal action conferring citizenship upon an alien. 6. A government-created classification which has no relation to constitutionally permissible governmental goals. 7. Under this constitutional test, the burden of proof is on those challenging the constitutionality of a law. The chal- lengers must show that the law has no legitimate government- al goals. 8. Under this constitutional test, it is not sufficient that the constitutionally challenged law be a reasonable means to handle a particular problem. Rather, the courts must be persuaded that there is both a compelling public purpose to justify a suspect classification and no less restrictive way to accomplish the compelling public purpose. 9. To sustain a law under this constitutional test, the burden is on the government to show that a quasi-suspect classifi- cation serves important governmental objectives and is sub- stantially related to those objectives. 10. A government-established classification consisting of a group of people deliberately subjected to unequal treatment in the past or relegated by society to a position of such political powerlessness as to require extraordinary protec- tion. 11. An example of a government-established classification treated by the U.S. Supreme Court as a suspect classifica- tion. 12. An example of a government-established classification treated by the U.S. Supreme Court as a quasi-suspect classi- fication. 13. A congressional district created by the state legislature to include a majority of minority voters. In such a congres- sional district, the group that is a minority of the state's total population constitutes a majority of the district's population. 14. The argument that state-mandated racial segregation of pub- lic facilities does not violate the Equal Protection Clause of the Fourteemth Amendment, as long as the separate facili- ties provided for each racial group are substantially equal. 15. The case in which the U.S. Supreme Court embraced the Sep- erate but Equal Doctrine and sustained a Louisiana state law requiring segregation of the races in public transportation. 16. The contention that separate educational facilities for the different racial groups are inherently unequal and therefore a violation of the Fourteenth Amendment Equal Protection Clause. 17. In this case, the U.S. Supreme Court, for the first time, embraced the Inherently Unequal Doctrine and declared state- mandated racial segregation in the public schools to be a violation of the Fourteenth Amendment Equal Protection Clause. 18. The case in which the U.S. Supreme Court read the require- ments of the Fourteenth Amendment Equal Protection Clause into the Due Process Clause of the Fifth Amendment. 19. Stipulates that federal financial assistance under any grant program or project must be withdrawn from an entire school, college, university, or other educational institution that discriminates on the basis of race, color, national origin, gender, age, or disability in any program or activity re- ceiving federal financial assistance. 20. Laws which made it a crime for blacks and whites to go to school together, be served together in public places, or sit together in public transportation. 21. Segregated housing and neighborhood patterns, with racial and ethnic concentrations in particular sectors of an urban area, resulting in racially segregated public schools based on residence. 22. Inherent powers of the states to regulate human conduct to protect the public health, public morals, public safety, and public welfare of their citizens. 23. The power of government to take private property for public use. 24. A governmental regulation that has gone too far and must be considered a taking for which the government must pay com- pensation to its owners, even when title is left in the hands of the owners. 25. When the governmenr takes private property for public use, the owner is entitled to receive, by and large, what a will- ing buyer would pay in cash to a willing seller at the time of the taking. 26. The constitutional requirement that government proceed by proper methods under the law. A statute may violate this requirement if it is too vague or if it creates an improper presumption of guilt. Traditionally, however, the require- ment relates not to the statute itself but to the way in which the statute is applied. What is required is a pro- cedure which hears before it condemns, proceeds upon in- quiry, and renders judgement only after trial or some kind of hearing. The requirement places limits on how govern- mental power may be exercised, mainly limiting the executive and judicial branches of government. 27. The constitutional requirement that government act reason- ably and that the substance, or content, of laws themselves be fair and reasonable. The requirement places limits on what government may do, mainly limiting the legislative branch of government. 28. A warrant issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized. 29. A fair probability that the person in question has committed or is about to commit a crime. 30. A constitutionally valid search warrant is needed to search a person in any place where he has an expectation of privacy that society is prepared to recognize as reasonable. 31. The rule that any evidence obtained unconstitutionally or illegally may not be admitted into court in a criminal trial. 32. A hearing at which the magistrate examines the evidence or issues of law to determine whether there is probable cause to hold the detained suspect and whether the case will go before a grand jury. 33. A body of from 12 to 23 members who (1) hear evidence pre- sented by the prosecuting attorney against a person sus- pected of a serious crime and (2) decide by majority vote whether to officially accuse the suspect of having committed the crime and order him to stand trial on the charge, or ac- cusation. 34. A formal statement, drafted by a prosecutor and approved by a grand jury, officially charging the person against whom the document is issued with having committed the crime or crimes specified therein. 35. At a criminal trial, the body of persons who (1) listen to the testimony of witnesses, direct examination and cross- examination of witnesses, the arguments of prosecuting and defense attorneys, and the judge's instructions regarding the law that applies to the case, and (2) on the basis of evidence introduced into the trial, decide whether the de- fendant is guilty or not guilty. 36. The official who, within the limits prescribed by law, sets the sentence, after a person has been tried and found guilty of a federal crime. 37. An independent governmental body within the federal judicial branch, created by Congress in the Comprehensive Crime Con- trol Act of 1984. The function of this body is to design guidelines ensuring greater certainty and uniformity in fed- eral criminal sentencing.
1. In the U.S.A., an organization which seeks to acquire polit- ical authority (governmental power) by electing its candi- dates to government office so that the organization's posi- tions and philosophy can become public policy. 2. In the U.S.A., an organization of persons who share some common view or attitude regarding one or a few public-policy issues and seek to influence government for specific policy goals within the policy area or areas in which the members of the organization have a common, or shared, interest. Such an organization usually works within the framework of the governmental system and employs such methods as lobbying to achieve its goals. 3. The political-money arm of an organized interest group, legally entitled to raise funds on a voluntary basis from members, stockholders, or employees in order to contribute funds to favored candidates for public office. 4. An election open to all members of a particular political party in which the party's voters choose the persons who will be party's candidates for elective government offices in the general election. 5. An election system in which the candidate receiving the most votes (whether a plurality or majority of the total number of votes cast) wins the election. 6. The national meeting of delegates elected in the primaries, caucuses, or state conventions who assemble once every four years to nominate their political party's candidates for President and Vice President, ratify the party's national platform, elect the party's national officers, and adopt the party's national rules. 7. Regularly scheduled elections, fixed, staggered and some- times limited terms of office, the winner-takes-all rule, and operation of the Electoral College. 8. Raise hundreds of thousands of dollars to mount a serious campaign in his congressional district, build a personal organization, hire a campaign manager and a number of tech- nicians, buy television and other advertising, conduct polls, pay for a variety of activities, win nomination by majority vote in his party's direct primary election held within his congressional district, and win a majority or plurality of the popular vote in the general election held in his congressional district. 9. Presidential primaries, local, district and state caucuses and conventions, an aspiring candidate's strategy for ob- taining supporting delegates to his party's national nomi- nating convention, and the meetings, activities and deci- sions of the party's national nominating convention. 10. Win nomination by majority vote of the delegates at his party's national nominating convention, win a majority or plurality of the popular vote in a large number or states (ordinarily including a substantial number of the states with large populations and there large numbers of presiden- tial electors), and win a majority of the electoral votes in the Electoral College.