Chapter 4

Question 1

What are civil liberties?

Answer 1

Specific individual rights that cannot be taken away by govt. Are guaranteed.

Question 2

What are civil rights?

Answer 2

Based in groups, “equal rights”, having equal treatment by govt

Question 3

Impact of Alien Act in 1798 (Then)

Answer 3

Alien Act, authorized the president to deport from the U.S. all aliens suspected of “treasonable or secret” inclinations

Question 4

What is the Alien Enemy Act?

Answer 4

Allowed the president during wartime to arrest aliens subject to an enemy power

Question 5

X-Sedition Act of 1798 (prohibited)

Answer 5

Criminalized the publication of materials that brought the U.S. govt into “disrepute”

Question 6

What are rights?

Answer 6

Powers or privileges to which individuals are entitled

Question 7

What are natural rights?

Answer 7

Based on the natural laws of human society. Exist even in absence of govt.

Question 8

What are positive rights?

Answer 8

Granted by govt. Can be modified by rules.

Question 9

Declaration of Independence states that…?

Answer 9

if “the consent of the governed” fails to protect those rights, people have the right to “alter or abolish such government”.

Question 10

9th and 10th amendment deal with what?

Answer 10

Division between federal and state govt

Question 11

Barron v. Baltimore

Answer 11

Court dismissed because at that time only the federal govt could be held up to the standards of the Bill of Rights

Question 12

14th amendment original intent?

Answer 12

Wanted to protect freed slaves from discriminatory state laws

Question 13

14th amendment actual?

Answer 13

No state could “deprive any person of life, liberty or property without due process of law”.

Question 14

20th century things changed

Answer 14

Court started using incorporation. State govts accountable to the Bill or Rights by using the 14th amendment due process clause

Question 15

The 3rd amendment..?

Answer 15

Safeguard against the involuntary quartering of troops

Question 16

The 5th amendment..?

Answer 16

Requirement that defendants be indicted by a grand jury

Question 17

The 7th amendment..?

Answer 17

Guarantee of a trail by jury in civil cases

Question 18

The 8th amendment..?

Answer 18

Prohibition against excessive bail and fines

Question 19

What is Protestantism?

Answer 19

Played a role in public life. 1st amendment provided a barrier

Question 20

Jefferson’s “wall of separation” …

Answer 20

between “church and state”

Question 21

What is the free exercise clause?

Answer 21

Bans govt laws that prohibit free exercise of religion

Question 22

Who makes the decision?

Answer 22

Supreme Court

Question 23

Wisconsin v. Yoder (1972)

Answer 23

Favor of the Amish. Ruled that members of the Amish religion were not required to send their children to school after the 8th grade

Question 24

Sherbert v. Verner (1963)

Answer 24

The Supreme court ordered the state of South Carolina to pay unemployment benefits to a Seventh-Day Adventist who refused to work on Saturdays. Declared that only a “compelling state interest”

Question 25

Reynolds v. United States

Answer 25

Religious practices that impair the “public interest” don not receive constitutional protection

Question 26

Employment Division v. Smith

Answer 26

The state’s legitimate interest in maintaining its unemployment insurance fund at a high level outweighed the Native Americans’ religious rights

Question 27

The supreme court order what on the Kentucky courthouses?

Answer 27

To remove their displays, but allowed the Texas display to remain standing

Question 28

Engel v. Vitale 1962

Answer 28

invalidated the New York public schools’ policy of having each class recite a specified nondenominational religious prayer each day

Question 29

Abington School District v. Schempp 1963

Answer 29

the Court refused to allow spiritual Bible readings in public school classrooms

Question 30

Wallace v. Jaffree (1985)

Answer 30

it outlawed “moments of silence” authorized by government officials to encourage religious prayer during those moments

Question 31

Moments of silence are…?

Answer 31

Unconstitutional

Question 32

Lemon Test

Answer 32

Legal test that determine if a govt statute aiding public or private schools is an unconstitutional violation of the establishment clause

Question 33

Santa Fe v. Doe (2000)

Answer 33

the Court ruled that a student-led prayer before a football game at a Texas public high school violated the separation of church and state

Question 34

Lee v. Weisman (1992)

Answer 34

the Supreme Court ordered a Providence, Rhode Island, middle school to stop its practice of permitting prayers to be read at the school’s graduation ceremony, even though attendance was voluntary

Question 35

Several theories explain the high level of respect given to free expression rights in America. For example…?

Answer 35

Marketplace of ideas
Self-governance
Self-fulfillment
A “safety value”