CH.4 Flashcards
An effective way of determining if a case involves civil liberties or civil rights is
questioning if the government is being restrained or being asked to take action.
The primary difference between liberty and freedom is that liberty
is enjoyed by individuals within boundaries that protect the rights of others.
Judging from what was included by the first Congress in the Bill of Rights, we understand that civil liberties primarily involve which of the following concerns?
Creating restraints on the potential overreach of the national government
How would an individual from the nineteenth century differ in their understanding from an individual in the twenty-first century about the application of the Bill of Rights?
The common understanding in the nineteenth century was that the Bill of Rights did not place restraints on the actions of state or local governments.
The primary issue involved in the case of Engel v. Vitale was
the coercive nature of public employees leading religious observations.
What statement most accurately describes how the Supreme Court has ruled on issues of religious freedom in the last twenty years?
The Court has offered greater accommodations of religious beliefs in exempting groups from public policy.
The First Amendment protection of free speech is best understood in which of the following ways?
A spectrum with varying degrees of protection dependent on the content and value of the speech
The Supreme Court has ruled that symbolic speech such as campaign donations, wearing black arm bands, and burning flags are protected speech, while burning draft cards in protest is not protected speech. What is the distinction between when symbolic speech is protected by the Court and when it is not?
Whether or not the protests disrupt a legitimate function of the government
Which description best captures the history of the Supreme Court in its interpretation of the Second Amendment’s guarantee of a right to bear arms?
The Court interpreted the right to bear arms as linked to maintaining a well-regulated militia for the overwhelming majority of the nation’s history.
Since the early 2000s, the Supreme Court has
largely deferred to state governments in determining policies around gun ownership.
“I plead the Fifth,” “You have the right to remain silent,” and “You have the right to an attorney” are all phrases that assert protections from which protections within the Constitution and Bill of Rights?
Due process
People found “not guilty” of a crime in federal court may still face which future situation related to the same charges?
A state trial for the same or similar crime
While the public overwhelmingly believes in a constitutional right to privacy, it remains controversial because
privacy is inferred from the other protections in the Bill of Rights without being included in the text.
The concept that sexual behavior between consenting adults, as noted in Lawrence v. Texas, cannot be regulated by the government is connected to the liberties associated with the
Fourth, Fifth, and Ninth Amendments.
The primary difficulty in determining which liberties fall within a “right to privacy” is which of the following?
The framers of the Constitution didn’t make clear what areas were extended an expectation of privacy.
