Ch.4 - Civil Liberties: Protecting Individual Rights Flashcards
Specific individual rights such as a “Freedom of the Press” or “Limitation on search and seizure” or “Freedom of Religion would be labeled:
Civil Liberties
The government or private parties treating persons of different races or genders “equally without discrimination” would be labelled:
Civil Rights
Issues such as discrimination based on race, gender, age, handicap, religion, etc. would fall under the purview of:
Civil Rights
Legal protections designed to ensure that individual rights are respected by the government (Federal and State) are referred to as:
Due Process
Protecting individuals from abuse and other problematic actions by a State or Local government would come under:
14th Amendment protections
The “Bill of Rights” protects the people from abuse or other problematic actions coming from:
The Federal Government
In 1961, The Federal government protections against “illegal search and seizure” (found in the Bill of Rights - Fourth Amendment) were finally incorporated to include protection against the individual states with this case:
Mapp v. Ohio
Civil Liberties that were originally granted only to the Federal Government by the Bill of Rights, but later were selectively extended to also include the individual states, this is referred to as:
Selective Incorporation
The “Selective Incorporation” of the Federal Government protections (listed in the Bill of Rights, 1791) were gradually extended to include protection against the individual states beginning in 1925 with this Supreme Court case:
Gitlow v. New York
“Selective Incorporation” of the Bill of Rights to gradually include protection against the states was done by re-interpreting which Amendment?
The 14th Amendment
“Due Process” in Federal matters is granted to the people in the Fifth Amendment. Which Amendment grants “Due Process” in State matters?
The 14th Amendment
As of 2020, most of the Bill of Rights have been “Incorporated” to include protections against the States: Three of the ten Bill of Rights have not been included. Which three have not been Incorporated to include the States?
2nd, 3rd, 7th Amendments
All of the protections in the Bill of Rights (pertaining to the Federal Government) have now been totally incorporated to apply to the individual States as well.
FALSE
Although required by the “Federal Government”, the Seventh Amendment’s right to a “Trial by Jury in Civil Cases” is not required by the “State Government”. It has not yet been Incorporated to include State protection.
TRUE
Which one of the 27 Amendments provides for Freedom of Expression?
1st Amendment
Freedom of Speech (Bill of Rights - First Amendment) is not an absolute right. Freedom of Speech can be denied if it creates a “clear and present danger”, as in this case.
Schenk v. United States, 1919
In 1989, The Supreme Court ruled favorably that “U.S. flag burning” was legal based on:
The Right to Symbolic speech
In Johnson v. Texas (1989), Gregory Lee Johnson won his case based on the right to:
Freedom of Speech
President Nixon was hoping the “Pentagon Papers” would be blocked from being published in the New York Times by invoking ??????
Prior Restraint
“Prior Restraint” would affect which Freedom?
Freedom of the Press
The “Establishment Clause pertains to which Freedom?
Freedom of Religion
Which Supreme Court case banned “Prayer in School”?
Engle v. Vitale (1962)
Griswold v. Connecticut (1965) concerning the legalization of birth control was victorious thanks to which Amendment?
9th Amendment
Roe v. Wade (1973) concerning the legalization of abortion was victorious thanks to which Amendment?
9th Amendment
Bowers v. Hardwick (1986) concerning the Gay lifestyle unsuccessfully made what argument (in keeping with the Ninth Amendment).
Right to privacy
Lawrence v. Texas (2003), making Ninth Amendment arguments was able to reverse what previous decision from 17 years earlier?
Bowers v. Hardwick (1986)
Miranda v. Arizona (1966), using both the 5th and 6th Amendments, was successful concerning the issue of:
Being read one’s rights
Giddeon v. Wainright (1963), using both the 5th & 6th Amendments, was successful concerning the issue of:
The right to an attorney
Which Supreme Court case concerned 120,000 Californians being rounded up in February of 1942 and incarcerated for over 3 years, even though they were never charged with a crime nor had they done anything wrong. (An egregious miscarriage of justice)?
Korematsu v. United States
