4: Civil Liberties Flashcards
Which describes the views of the Anti-Federalists regarding a bill of rights?
They stressed the selected incorporation of the bill of rights.
They believed that the protection of civil liberties is sufficient to limit the power of the national government.
*They stressed the importance of a bill of rights because they did not trust the national government to protect civil liberties.*
They avoided any discussion of the bill of rights to avoid any confrontations with the Federalists.
The Federalists argued that a bill of rights was not necessary for a variety of reasons. Which was not a reason that the Federalists gave?
A national bill of rights would be impractical to enforce.
A bill of rights was unnecessary in a constitutional republic founded on the idea of popular sovereignty and inalienable, natural rights.
*A bill of rights would override the many civil liberties guaranteed in state constitutions.*
A bill of rights would be dangerous.
Which of the following are the personal guarantees and freedoms that governments may not infringe?
*civil liberties*
civil rights
incorporated rights
fundamental freedoms
Which of the following statements about civil liberties and the Constitution is accurate?
The U.S. Constitution incorporates the liberties enshrined in each state’s constitution as limits on the national government as well.
The Framers added the Bill of Rights to the Constitution before most states would sign it.
*The Bill of Rights is not an exhaustive list of citizens’ liberties.*
All rights not given to the people in the Constitution are reserved for the national government.
The doctrine of selective incorporation means that _____.
states must protect most of the liberties listed in the Bill of Rights
When is school prayer allowed?
During a meeting on property that is adjacent to a public school.
The Religious Freedom Restoration Act passed by Congress in 1993 has been used by Christian corporations for which of the following reasons?
*To challenge the Affordable Care Act’s provision requiring employer-sponsored health plans to include coverage of contraceptive.*
To challenge the constitutionality of prayers in school.
To challenge the Supreme Court’s use of the Lemon test.
To challenge the constitutionality of the USA PATRIOT Act’s provision to obtain information from telecommunication companies.
Which of the following is included in the First Amendment?
due process rights
right to bear arms
the free exercise clause
right to privacy
the free exercise clause
Which of the following would be most likely to pass the Lemon test?
a public school teacher leading his students in prayer at the start of class
permitting Christian displays on public property but prohibiting non-Christian displays
required Bible- reading in public school classrooms
giving college students at a public university the option of taking a class about the Bible as literature
giving college students at a public university the option of taking a class about the Bible as literature
Which of the following is primarily a free exercise issue?
the availability of Muslim worship services in prisons
prayers said over the intercom at public schools
government money given to religious schools to buy computers and books
displays of the Ten Commandments in government buildings
the availability of Muslim worship services in prisons
The Alien and Sedition Acts were a clear violation of which of the following?
First Amendment’s ban on prior restraint.
First Amendment’s ban on the free exercise of religion.
First Amendment’s ban on bearing arms.
First Amendment’s ban on the establishment of religion.
First Amendment’s ban on prior restraint.
In Schenck v. U.S., the clear and present danger test suggested that the government can ____.
restrict the right to free assembly
restrict the freedom of speech
rule by decree to maintain order
suspend writs of habeas corpus
restrict the freedom of speech
What does the doctrine of prior restraint prevent?
banning speech or publication before the fact
uttering fighting words
obscenity or pornography that violates community standards
libel or slander of public officials
banning speech or publication before the fact
Which of the following is most likely to fall afoul of the direct incitement test?
speech that is likely to cause imminent lawless action
speech that, upon applying contemporary community standards, is both distasteful and lacks any redeeming social value
hate speech that is targeted at members of a specific racial or ethnic group
anti-government speech that could lead to considerable public discontent with the government or its leaders
speech that is likely to cause imminent lawless action
In which case did the Court find that actual malice must be proven to support a finding of libel against a public figure?
Gitlow v. New York
Miller v. California
New York Times Co. v. Sullivan
Tinker v. Des Moines Independent Community School District
New York Times Co. v. Sullivan
In response to D.C. v. Heller, the Washington D.C. City Council required which of the following?
Prohibition of guns in any government building.
Gun registration at gun shows and background checks.
Gun registration and prohibiting assault weapons and large capacity magazines.
Broadening of gun ownership rights across the city.
Gun registration and prohibiting assault weapons and large capacity magazines.
Gun laws are particularly strong in which of the following states?
Illinois
Texas
California
Idaho
California
Which amendment was passed to ensure that Congress could not disarm state militias?
Second
Third
Ninth
First
Second
Why was the Second Amendment added to the Constitution?
to provide for a strong national military
to make sure that every citizen was armed
to guarantee the right to hunt
to ensure that Congress could not disarm state militias
to ensure that Congress could not disarm state militias
In 1934, Congress passed the National Firearms Act in response to _____.
the explosion of organized crime that stemmed from Prohibition
the demand to abolish the right to own handguns
two high-profile mass shootings that took the lives of six adults and four children
the increased number of unused military weapons
the explosion of organized crime that stemmed from Prohibition
The Fourth, Fifth, Sixth, and Eighth Amendments supplement the rights of defendants with a variety of procedural guarantees known as ________.
ex post facto laws
habeas corpus
due process rights
civil liberties
due process rights
What is a writ of habeas corpus?
a judicial decree that makes a law retroactive
a prohibition on laws that declare actions legal without a judicial trial
a way for the courts to overrule Congress on issues related to the fundamental freedoms doctrine
a petition requesting that a judge order authorities to prove that a prisoner is being held lawfully
a petition requesting that a judge order authorities to prove that a prisoner is being held lawfully
Which of the following is generally prohibited by the Fourth Amendment?
legal representation
searches of open fields
unreasonable searches
due process rights
unreasonable searches
Supreme Court cases involving capital punishment have tended to center around whether the death penalty _____.
encourages recidivism
deters other criminals
is a form of double jeopardy
constitutes cruel and unusual punishment
constitutes cruel and unusual punishment
Members of which of the following groups can come into your home without a warrant?
FedEx workers to deliver packages
lawyers to issue a subpoena
firefighters to fight a fire
a judge to deliver a sentence
firefighters to fight a fire
Which of the following statements is most accurate to describe the right to privacy from a constitutional perspective?
The right to privacy has been added to the United States Constitution as an amendment.
The right to privacy is explicitly stated in the United States Constitution.
The right to privacy is implied in a number of Articles in the United States Constitution.
The right to privacy is one of the enumerated powers in Article 1 of the United States Constitution.
The right to privacy is implied in a number of Articles in the United States Constitution.
Which of the following Supreme Court cases was a victory for advocates of gay and lesbian rights?
Roe v. Wade
Lawrence v. Texas
Bowers v. Hardwick
Griswold v. Connecticut
Lawrence v. Texas
What did the Supreme Court rule in Griswold v. Connecticut?
contraceptives could not be sold to minors
the right to an abortion is protected by the Constitution
state laws prohibiting the sale of contraceptives to married couples were unconsitutional
husbands could prohibit their wives from using contraceptives
state laws prohibiting the sale of contraceptives to married couples were unconsitutional
Which U.S. Supreme Court decision was the first to find a woman’s right to have an abortion is protected by the Constitution?
Lawrence v. Texas
Planned Parenthood of Southeastern Pennsylvania v. Casey
Webster v. Reproductive Health Services
Roe v. Wade
Roe v. Wade
Which statement best describes the constitutional provision guaranteeing the right to privacy?
Both the Fourth and Fifth Amendments specifically protect privacy.
Privacy is mentioned in the Preamble to the Constitution.
The right to privacy is not specifically enumerated in the Constitution.
The right to privacy is protected by the Second Amendment.
The right to privacy is not specifically enumerated in the Constitution.
The USA PATRIOT Act violates the Fourth Amendment by allowing the government to _________.
conduct searches without a warrant
completely suspend due process rights guaranteed in the Fifth Amendment
strengthen judicial oversight of the executive
limit the freedom of assembly
conduct searches without a warrant
In 2008, the Supreme Court ruled which of the following provisions of the Military Commission Act as unconstitutional?
Permanent resident aliens cannot be declared enemy combatants.
Permanent alien residents can be incarcerated at any time.
Detainees can be transferred to any prison facility at any time.
Detainees can challenge their extended incarceration in federal court.
Detainees can challenge their extended incarceration in federal court.
Which of the following is a potential violation of the First Amendment that occurred during the war on terrorism?
detaining suspected terrorists at Guantanamo Bay
treating Muslim detainees in ways that violated their religious practices
searching individuals’ library records
expanding the collection of foreign intelligence data
treating Muslim detainees in ways that violated their religious practices
Which of the following is true of the USA PATRIOT Act?
It suspends the writ of habeas corpus.
It limits detainees’ right to trial.
It enhances the ability of the federal government to conduct warrantless searches.
It allows enhanced interrogation techniques such as waterboarding.
It enhances the ability of the federal government to conduct warrantless searches.
Combating terrorism by limiting detainees’ access to a trial by jury is a potential violation of which amendment?
Fifth
First
Sixth
Second
Sixth
Why did some Federalists oppose adding a bill of rights to the Constitution?
It was unnecessary because the states already protected citizens’ rights.
It could lead to a rebellion among the states.
It would lead to a stronger national government.
It would make state governments bound by national law.
It was unnecessary because the states already protected citizens’ rights.
What is the name of the process by which most protections found in the Bill of Rights have been made applicable to the states?
selective incorporation
state rights doctrine
fundamental freedoms
judicial interpretation
selective incorporation
Which amendment has been used to gradually make the protections of the Bill of Rights applicable to the states?
Tenth
Fourteenth
Fourth
Fifth
Fourteenth
Which of the following practices is regulated most directly by the establishment clause?
holding Jewish religious services in prisons
prayer in public schools
use of peyote in religious ceremonies
polygamy
prayer in public schools
Which act was an attempt by Congress to counter some of the Supreme Court rulings that allowed the government to limit citizens’ abilities to exercise their religion as they see fit?
Religious Freedom Restoration Act
Lemon Act
USA PATRIOT
Military Commissions Act
Religious Freedom Restoration Act
In which of the following cases would speech be protected under the First Amendment?
burning the American flag
making a threat against someone
making a false accusation against someone
publishing classified material on the internet
burning the American flag
Why did colonists value local militias?
They were comprised of full-time, professional soldiers who were known personally to the colonists.
They could keep order and protect liberty without having the need to maintain a standing army.
They helped to provide food for their families through hunting exercises.
They brought communities closer and fostered economic development.
They could keep order and protect liberty without having the need to maintain a standing army.
How did the U.S. Supreme Court interpret the Second Amendment in District of Columbia v. Heller?
It incorporated the Second Amendment and expanded gun ownership rights to citizens in all states.
It upheld the District of Columbia’s strict laws on gun ownership.
It ruled that the Second Amendment protected an individual’s right to own a gun for personal use in Washington D.C.
It ruled that the right to keep and bear arms was a collective right that states could regulate.
It ruled that the Second Amendment protected an individual’s right to own a gun for personal use in Washington D.C.
Which of the following searches is prohibited without a warrant?
a border patrol officer seeking to search a suspicious van
attaching a GPS tracking device to a vehicle
possible drunk driving situations
to search an open field
attaching a GPS tracking device to a vehicle
What does the double jeopardy clause do?
prevents the police from using the same warrant to search a property more than once
prevents a suspect from being tried twice for the same crime in the same jurisdiction
bars the use of illegally obtained evidence at two or more trials
assures that no one must bear witness against themselves or their spouse
prevents a suspect from being tried twice for the same crime in the same jurisdiction
What case established the right of individuals accused of a felony to have access to an attorney?
Mapp v. Ohio
Weeks v. U.S.
Gideon v. Wainwright
Miranda v. Arizona
Gideon v. Wainwright
Which abortion restrictions are generally permissible?
those that pass the strict scrutiny test
those that do not pose an undue burden on pregnant women
those that are designed to protect the life of the unborn child
those that lack exceptions for the health of the mother
those that do not pose an undue burden on pregnant women
Which of the following was the central holding in Lawrence v. Texas?
states can limit or prohibit the use and sale of contraceptives
declared unconstitutional a law banning sodomy
invalidated federal laws limiting marriage to heterosexual couples
increased unmarried couples’ access to contraception
declared unconstitutional a law banning sodomy
Which of the following best summarizes the USA PATRIOT Act?
It prevents doctors, libraries, colleges, telephone companies, and other private parties from giving the government private information about American citizens.
It restricts civil liberties in an effort to promote security.
It enhances civil liberties in order to improve military recruitment and morale.
It was passed in the wake of the September 11, 2001, terrorist attacks in order to protect and enhance freedom of speech.
It restricts civil liberties in an effort to promote security.
Which of the following is a harsh interrogation technique used by the U.S. government against suspected terrorists during the George W. Bush presidency and was the source of considerable controversy?
deprivation of dignity
denial of recreational privileges
waterboarding
extended incarcerations
waterboarding
Judicial interpretation of the Fifth and Fourteenth Amendments’ due process clauses. Protects citizens from arbitrary or unjust state or federal laws.
substantive due process
A supporter, especially in the early nineteenth century, of an end to the institution of slavery.
abolitionist
The case in which the Supreme Court ruled that the U.S. government could not block the publication of secret Department of Defense documents illegally furnished to the Times by anti-war activists. Also called the Pentagon Papers case.
New York Times Co. v. U.S. (1971)
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.
First Amendment
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 a court if the suspect cannot afford one.
Miranda rights
Communication that belittles a person or group on the basis of race, gender, ethnicity, or other characteristics.
hate speech
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.
Ninth Amendment
Sixteenth president of the United States, the first elected Republican president, who served from 1861-1865. Lincoln, who led the Union during the Civil War, was assassinated in 1865 by a Confederate sympathizer, John Wilkes Booth.
Abraham Lincoln
Untrue spoken statements that defame the character of a person.
slander
The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.
civil rights
A recent social movement focused on direct protest and political activism against police brutality, mass incarceration, and related offenses against African Americans.
Black Lives Matter (BLM)
Part of the Bill of Rights that protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant from a judge among other guarantees.
Fourth Amendment
Law that makes an act punishable as a crime even if the action was legal at the time it was committed.
ex post facto law
An interpretation of the Constitution holding that the due process clause of the Fourteenth Amendment requires state and local governments to guarantee the rights stated in the Bill of Rights.
incorporation doctrine
The fourteenth Chief Justice of the United States who served from 1953 to 1969 and led the Court through an important liberal phase; previously a Republican governor and vice presidential nominee.
Earl Warren
Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues.
Lemon test
Judicially created rule that prohibits police from using illegally seized evidence at trial.
exclusionary rule
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.
right to privacy
The case in which the Supreme Court ruled that the U.S. government could not block the publication of secret Department of Defense documents illegally furnished to the Times by anti-war activists. Also called the Pentagon Papers case.
New York Times Co. v. U.S. (1971)
One of three major Amendments enacted after the Civil War, extending “equal protection of the law” to all citizens.
Fourteenth Amendment
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 a court if the suspect cannot afford one.
Miranda rights
Legal case in the colony of New York that is considered a precursor to free press provisions in the Constitution. The case did not set legal precedent, but did reflect a difference between British authorities and colonists with regard to press freedoms.
The Crown v. Zenger (1735)
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.
First Amendment
Symbols, signs, and other methods of expression generally considered to be protected by the First Amendment.
symbolic speech
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.
Tenth Amendment
Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues.
Lemon test
Laws passed in 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government.
Alien and Sedition Acts
A 1917 law that prohibited urging resistance to the draft or distributing anti-war leaflets; upheld by the Supreme Court in Schenck v. U.S.
Espionage Act
A Supreme Court case that extended the First Amendment’s protections of freedom of speech and of the press to the state governments.
Gitlow v. New York (1925)
The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.
civil rights
Those rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review.
fundamental freedoms
Protections drawn from the Fourth Amendment and the Bill of Rights. Due process may be procedural, ensuring fair treatment, or substantive, protecting fundamental rights.
due process rights
Law that makes an act punishable as a crime even if the action was legal at the time it was committed.
ex post facto law
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.
Fifth 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.
Ninth Amendment
False written statement that defames a person’s character.
libel
A recent social movement focused on direct protest and political activism against police brutality, mass incarceration, and related offenses against African Americans.
Black Lives Matter (BLM)
Untrue spoken statements that defame the character of a person.
slander
The Supreme Court found that a woman’ s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment.
Roe v. Wade (1973)
A 1913 amendment that created the nationwide prohibition on alcoholic beverages; it was repealed in 1933.
Eighteenth Amendment
Laws that make it illegal to speak or write any political criticism that threaten to diminish respect for the government, its laws, or public officials. State sedition laws were overturned as a result of the 1925 Gitlow Supreme Court decision.
sedition laws
The period in Supreme Court history during which Earl Warren served as Chief Justice (1953–1969), noted for its many rulings expanding civil liberties and civil rights.
Warren Court
The fifteenth Chief Justice of the United States who served from 1969 to 1986 and who led the Court in an increasingly conservative direction.
Warren E. Burger
Part of the Bill of Rights that states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Eighth Amendment
A landmark Supreme Court ruling holding that the Fifth Amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have counsel present.
Miranda v. Arizona (1966)
Supreme Court case that created the “Miller test” to determine when sexually-explicit expression was obscene and therefore beyond the protection of the First Amendment.
Miller v. California (1973)
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.
Sixth Amendment
Communication that belittles a person or group on the basis of race, gender, ethnicity, or other characteristics.
hate speech
A standard set by the Supreme Court in the Casey case in 1992 that narrowed Roev. Wade and allowed for greater regulation of abortion by the states.
undue burden test
Court cases in which a conviction may result in the application of the death penalty.
capital cases
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.
writ of habeas corpus
Judicially created rule that prohibits police from using illegally seized evidence at trial.
exclusionary rule
A supporter, especially in the early nineteenth century, of an end to the institution of slavery.
abolitionist
The period in Supreme Court history during which Warren Burger served as Chief Justice (1969-1986).
Burger Court
Supreme Court case that applied the First Amendment’s protections of freedom of assembly to the states.
DeJonge v. Oregon (1937)
The personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.
civil liberties
Case in which the Supreme Court concluded that “actual malice” must be proven to support a finding of libel against a public figure.
New York Times Co. v. Sullivan (1964)
A terrorist plot carried out on September 11, 2001, that used hijacked civilian aircraft to attack the World Trade Center in New York and the Pentagon near Washington, D.C.
September 11th
The first clause of the First Amendment; it directs the national government not to sanction an official religion.
establishment clause
A recent social movement that promotes protests and political activism against income inequality and corporate greed.
Occupy Wall Street
Judicial interpretation of the Fifth and Fourteenth Amendments’ due process clauses. Protects citizens from arbitrary or unjust state or federal laws.
substantive due process
Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) holding that the First Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur.
direct incitement test
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment.
prior restraint
Part of the Bill of Rights that protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant from a judge among other guarantees.
Fourth Amendment
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.”
clear and present danger test
Words that “by their very utterance inflict injury or tend to incite an immediate breach of peace.” Fighting words are not subject to the protections of the First Amendment.
fighting words
Clause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee a variety of rights to individuals.
due process clause
Part of the Fifth Amendment that protects individuals from being tried twice for the same offense in the same jurisdiction.
double jeopardy clause
Sixteenth president of the United States, the first elected Republican president, who served from 1861-1865. Lincoln, who led the Union during the Civil War, was assassinated in 1865 by a Confederate sympathizer, John Wilkes Booth.
Abraham Lincoln
The second clause of the First Amendment; it prohibits the U.S. government from interfering with a citizen’s right to practice his or her religion.
free exercise clause
A group of citizens charged with determining whether enough evidence exists for a case to go to trial. Guaranteed by the Fifth Amendment.
grand jury
A law declaring an act illegal without a judicial trial.
bill of attainder
The fourteenth Chief Justice of the United States who served from 1953 to 1969 and led the Court through an important liberal phase; previously a Republican governor and vice presidential nominee.
Earl Warren
A judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.
selective incorporation
Supreme Court abortion ruling that struck down state law provisions in Texas as presenting an undue burden on women seeking abortions. This decision invalidated numerous state and local laws that imposed similar limitations on clinics.
Whole Woman’s Health v. Hellerstedt (2016)
An interpretation of the Constitution holding that the due process clause of the Fourteenth Amendment requires state and local governments to guarantee the rights stated in the Bill of Rights.
incorporation doctrine
The Supreme Court’s decision in this abortion case replaced the strict scrutiny standard of Roe with the less stringent undue burden standard.
Planned Parenthood of Southeastern Pennsylvania v. Casey(1992)
The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties.
Bill of Rights
