Chapter 11: Civil Liberties/Rights

Question 1

• Incorporated in the Bill of Rights
• Personal rights that the government can not take away

Answer 1

Civil Liberties

Question 2

• Under the 14th Amendment that protects us
• What the government must do

Answer 2

Civil Rights

Question 3

Freedom of speech, press, religion, assembly and petition

Answer 3

Amendment 1

Question 4

Right to keep and bear arms

Answer 4

Amendment 2

Question 5

Government may not quarter troops or soldiers in citizens home

Answer 5

Amendment 3

Question 6

Protection of unreasonable searches and seizures

Answer 6

Amendment 4

Question 7

May not force individuals to testify against themselves
- Plead the fifth
- No self-incrimination

Answer 7

Amendment 5

Question 8

Right to fair and speedy trial

Answer 8

Amendment 6

Question 9

Right to trial by jury

Answer 9

Amendment 7

Question 10

Protected from cruel and unusual punishment

Answer 10

Amendment 8

Question 11

Have rights not directly in the Constitution
- Reserved to the people

Answer 11

Amendment 9

Question 12

Powers not given to the Federal are
reserved to the states

Answer 12

Amendment 10

Question 13

Case-by-case approach of deciding which portions of the Bill of Rights apply to states

Answer 13

Selective Incorporation

Question 14

Requires states to respect individual liberties and rights under the 14th amendment

Answer 14

Due Process Clause

Question 15

The Bill of Rights is considered an integral part of the Constitution and has been incorporated into it through various Supreme Court decisions
- Due Process Clause + Equal Protection Clause: requires states to respect individual liberties and rights through the 14th amendment

Answer 15

What is the relationship between the Bill of Rights and the Constitution? How does the Bill of Rights apply to the states?

Question 16

Has been used solely with respect to the rights and liberties contained in the first 8 amendments rather than to the entire Bill of Rights because:
(1) The 9th Amendment, as discussed earlier, makes no reference to any specific rights
(2) The 10th Amendment is equally vague by awarding the states all powers not explicitly given to the federal government by the Constitution.

Answer 16

Incorporation Doctrine

Question 17

Nonverbal forms of expression, such as flag burning or wearing armbands, that are protected by the First Amendment

Answer 17

Symbolic Speech

Question 18

Refers to speech that expresses hatred or intolerance toward a particular group of people based on their race, religion, gender, or other characteristics
- Limited if there is violence

Answer 18

Hate Speech

Question 19

Freedom of Speech
- Sedition: cannot speak negative about the government
- Obscenity/Slander: spoken false statements
- Clear and Present Danger/Fighting words

Freedom of Press
- Libel: written false statements
- Pornography
- Cyberbullying

Freedom of Religion
- Education
- Medical

Answer 19

Describe limitations on the 1st Amendment

Question 20

Evidence obtained by law enforcement authorities illegally cannot be used in a criminal case. (If it’s not on the warrant or in plain sight they can’t use it.)
- 5th Amendment
- Miranda v. Arizona, 1966

Answer 20

Exclusionary Rule of Evidence

Question 21

Legal principle that the government cannot censor or restrict speech or press before it is published. Threat to free speech and democracy.

Answer 21

Prior Restraint Doctrine

Question 22

In recent years, the U.S. has seen significant progress in the fight for LGBTQ+ rights, including the legalization of same-sex marriage. However, discrimination against LGBTQ+ individuals remains a persistent problem in many areas of society, and there is ongoing debate over the extent to which the government should intervene to protect LGBTQ+ rights

Answer 22

What is the status of homosexuality and same-sex marriage in the U.S.?

Question 23

Abolished slavery

Answer 23

13th Amendment

Question 24

Granted citizenship to all persons born or naturalized in the U.S., including former slaves and granted them protection under this Amendment

Answer 24

14th Amendment

Question 25

Prohibited government from denying a citizen the right to vote based on race

Answer 25

15th Amendment

Question 26

Women's suffrage; granted right to vote

Answer 26

19th Amendment

Question 27

Upheld that “separate but equal” was constitutional for racial segregation. Ruled that Louisiana's law of requiring separate railroad cars for whites and black did not violate the 14th Amendment.

Answer 27

Plessy vs. Ferguson 1896

Question 28

Overturned Plessy and declared that racial segregation in public schools unconstitutional

Answer 28

Brown vs. Board of Education 1954

Question 29

Policy designed to address past discrimination and promote diversity by giving preferential treatment to groups that have historically been disadvantaged. - Some argue that it is necessary to address ongoing discrimination and promote equal opportunity, while others believe it is unfair and can lead to reverse discrimination.

Answer 29

Affirmative Action

Question 30

Prohibits discrimination in voting, public accommodations, education, federal programs, and employment - Equal Employment Opportunity Commission to investigate and enforce violations of the law

Answer 30

Civil Rights Act of 1964

Question 31

Freedom of speech and of press are among the personal rights and liberties protected by the Due Process of the 14th Amendment - NY violated Gitlow's freedom of speech - Overturns Barron v. Baltimore - Incorporating the 14th amendment into the 1st amendment

Answer 31

Gitlow vs New York 1925

Question 32

Established the clear and present danger only - Limited one's 1st Amendment rights of free speech

Answer 32

Schneck vs. U.S.

Question 33

Chief Justice John Marshall held that the first 10 Amendment only applied to the federal gov, not the state gov. - Later overturned

Answer 33

Barron vs. Baltimore 1833

Question 34

Black youths were accused by white youths - It violated the Due Process of the 14th Amendment - Defendants were not given reasonable time and opportunity to secure counsel in their defense (6th) - Incorporating the 14th amendment into the 6th amendment.

Answer 34

Powell vs. Alabama 1932

Question 35

The government could not censor or prohibit a publication before it is published - Use of Prior Restraint Doctrine - Violated Freedom of Press - Incorporating the 14th amendment into the 1st amendment

Answer 35

Near vs. Minnesota 1939

Question 36

Evidence obtained by law enforcement authorities illegally cannot be used in a criminal case - Use of Exclusionary Rule (4th) - Incorporating the 14th amendment into the 4th amendment

Answer 36

Mapp vs. Ohio 1961

Question 37

Government's refusal to return Weeks' possessions violated the 4th Amendment - Created the Exclusionary Rule of Evidence

Answer 37

Weeks v. U.S. 1914

Question 38

The Court refused Gideon a right to a lawyer because he could not afford - Violated his right to a fair trial and due process of law as protected by the 6th and 14th Amendments - Incorporating the 14th amendment into the 6th amendment

Answer 38

Gideon v. Wainwright 1963

Question 39

Miranda rights: Once you get arrested, you are told what your rights are - Warnings of the right to remain silent and the right to a lawyer present during interrogations - Protection from self-incrimination - Incorporating the 14th amendment into the 5th amendment

Answer 39

Miranda v. Arizona 1966

Question 40

Protect the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives - Right to Privacy: Incorporating the 14th amendment to 1st, 3rd, 4th, 9th

Answer 40

Griswold v. Connecticut 1965

Question 41

Gave a woman total decision over the pregnancy during the first trimester - Protected by the Right to Privacy, incorporated by the 14th Amendment

Answer 41

Roe vs. Wade 1973

Question 42

Court found that there was no constitutional protection for acts of sodomy, and that states could outlaw those practices - Was not protected for their same-sex relation

Answer 42

Bowers v. Hardwick 1986

Question 43

Court held that the Texas law making it a crime for two persons of the same sex to engage in sexual conduct violates the Due Process Clause under the 14th Amendment - Overturned Bowers v. Hardwick

Answer 43

Lawrence v. Texas 2003

Question 44

Ruled that the fundamental right to marry is guaranteed to same sex couples by both the Due Process Clause and the Equal Protection Clause

Answer 44

Obergefell v. Hodges 2015

Question 45

Declared that African Americans were not citizens of the United States and could not sue in Federal courts - Later protected by the 13th and 14th

Answer 45

Dred Scott vs. Sandford