Chapter 4: Civil Liberties Flashcards

1
Q

Which amendment protects the right of petition, assembly, press, religion, and speech?

A

1st

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2
Q

Which amendment protects the right to bear arms?

A

2nd

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3
Q

Which amendment protects the right of quartering soldiers?

A

3rd

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4
Q

Which amendment protects the rights of searches and seizures?

A

4th

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5
Q

Which amendment protects the rights of the accused, and includes includes rights such as self incrimination (pleading the 5th), double jeopardy, due process, and eminent domain?

A

5th

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6
Q

Which amendment protects the rights of criminals, and includes the right to an attorney, a fair an unbiased trial, a public trial, the right to know your witnesses, and the right to a speedy trial?

A

6th

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7
Q

Which amendment protects the right to a jury trial for civil cases?

A

7th

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8
Q

Which amendment protects the right of no cruel and unusual punishment, no excessive bail, and third party custodian?

A

8th

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9
Q

Which amendment protects the reserved rights of the people and enumerated rights?

A

9th

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10
Q

Which amendment protects the reserved rights of the states?

A

10th

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11
Q

Which amendment protects the right of no suits against states?

A

11th

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12
Q

Which amendment says that the president and vice president are on the same ticket?

A

12th

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13
Q

Which amendment abolishes slavery?

A

13th

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14
Q

Which amendment says that no one can take away your rights without due process?

A

14th

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15
Q

Which amendment gives voting rights to all races?

A

15th

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16
Q

Which amendment talks about income taxes?

A

16th

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17
Q

Which amendment says there is direct election of senators?

A

17th

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18
Q

Which amendment enacts prohibition?

A

18th

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19
Q

Which amendment enacts women’s suffrage?

A

19th

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20
Q

Which amendment says that the inauguration of the president is on january 20th?

A

20th

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21
Q

Which amendment repeals the 18th amendment?

A

21st

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22
Q

Which amendment says what the terms of the president are?

A

22nd

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23
Q

Which amendment gives electors to washington dc?

A

23rd

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24
Q

Which amendment abolishes poll taxes?

A

24th

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25
Q

Which amendment gives the order of succession and disability?

A

25th

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26
Q

Which amendment changed the voting age from 21 to 18?

A

26th

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27
Q

Which amendment says that congressional pay can be raised, but only after the next term?

A

27th

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28
Q

What does Marbury vs Madison do?

A

Sets judicial review

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29
Q

What are Civil Liberties?

A

Protections against the government, using civil rights

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30
Q

What does Barron vs Baltimore do?

A

The bill of rights only constraints the federal government

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31
Q

What does Gitlow vs NY do?

A

Overturns Barron vs Baltimore; bill of rights constraints state governments and individuals as well

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32
Q

What is the Incorporation Doctrine?

A

Incorporating the Bill of Rights using the 14th amendment

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33
Q

What is the establishment clause?

A

The separation of church and state; no church should be backed by the government

34
Q

What does Engel vs Vitale do?

A

No forced prayer in school

35
Q

What does School District of Ablington Township, Pennsylvania vs Schempp do?

A

You cannot be forced to read the Bible in public school

36
Q

What is the FCC?

A

Federal Communications Committee; monitors public broadcasts

37
Q

What was the result of Miller vs California?

A

Miller test; sets the standard for all public broadcasts;

  • has to be of public interest
  • can’t just be sex
  • has to have some scientific, literary, historical, or artistic value
38
Q

What is the result of Lemon vs Kurtzman?

A

Lemon test; sets the standard that private religious schools have to meet to receive funding from the government;

  • secular purpose
  • cannot inhibit/advance a religion
  • cannot have an excessive entanglement with religion
39
Q

What does Zelman vs Simmons-Harns do?

A

School vouchers are legal

40
Q

What does Edwards vs Aguillard do?

A

You have to teach creationism and evolution for it to be equal

41
Q

What is free exercise?

A

You can practice your own religion

42
Q

What does Wisconsin vs Yoder do?

A

You can be pulled from school due to religious reasons; religion takes precedence over education

43
Q

What does Employment Division vs Smith do?

A

You can do some illegal things in your religion as long as there is a history and tradition of it in your religion

44
Q

What does the Barnett case do?

A

It says Jehovah’s witnesses can sit out from saying the pledge, and sets the precedent that other people don’t have to say it as well

45
Q

What are gag orders?

A

Things reporters aren’t allowed to report on

46
Q

What is prior restraint?

A

Censorship before publication, and it isn’t allowed

47
Q

What does Hazelwood vs Kuhlmeier do?

A

School officials can censor your print

48
Q

What does Tinker vs Des Moines do?

A

The Tinker Case; symbolic speech is allowed in school, but it cannot interfere with the education of other students

49
Q

What does Bethel vs Fraser do?

A

School administrators are allowed to censor your speech

50
Q

What does Morse vs Frederick do?

A

School officials are responsible for you at school sanctioned events

51
Q

What does Schenk vs US do?

A

Speech in times of war, if it presents a clear and present danger, is not protected

52
Q

What does the Smith Act do?

A

You are not allowed to advocate for the violent overthrow of the government

53
Q

What does Dennis vs US do?

A

National security rights are more important than first amendment rights

54
Q

What does Chaplinsky vs State of New Hampshire do?

A

Fighting words/invoking a riot are not protected

55
Q

What does the Communications decency Act do?

A

Sets a guideline age of 18

56
Q

What is libel?

A

Written false speech

57
Q

What is slander?

A

Spoken false speech

58
Q

What does Near vs Minnesota do?

A

No prior restraint in newspapers

59
Q

What does NY Times vs Sullivan do?

A

Libel with malice and intent is not allowed

60
Q

What does Miami Herald Publishing Co. vs Tornillo do?

A

Not all criticisms have to be published

61
Q

What does Red Lion Broadcasting vs FCC do?

A

Same thing as Miami Herald Publishing Co vs Tornillo except with public broadcasting

62
Q

What is the FTC?

A

Federal Trade Commission; deals with truth in advertising

63
Q

What is the SEC?

A

Security and Exchange Commission; deals with stocks and bonds

64
Q

What are shield laws?

A

Protect your sources

65
Q

What does NAACP vs Alabama do?

A

No membership list is needed to peacefully protest; You do need a permit though

66
Q

Where are you not allowed to assemble?

A
  • In front of a federal or state building

- Can’t block access to public buildings, or to the general public

67
Q

What does Lopez vs US do?

A

Commerce clause; Federal government regulates only interstate commerce, not intrastate

68
Q

What does Mapp vs Ohio do?

A

Exclusionary rule; Evidence seized illegally is inadmissible in court

69
Q

What does United States vs Leon do?

A

Good faith exception-can’t sue anyone (cops) if they have good intentions

70
Q

What does Miranda vs Arizona do?

A

You must be read your rights at time of arrest

71
Q

What is eminent domain?

A

Government can take private property for public use if they give compensation

72
Q

What does Sheppard vs Maxwell do?

A

Gives the right to an unbiased trial

73
Q

What does Gideon vs Wainwright do?

A

Everyone has the right to a lawyer; based on the 14th amendment, all rights apply to states no matter what

74
Q

What does Hamdi vs Rumsfield do?

A

You have the right to due process even as an enemy combatant

75
Q

What is a small claims court?

A

Sue under $5,000, no jury

76
Q

What does Furman vs Georgia do?

A

The death penalty is abolished; too racist/sexist

77
Q

What does Gregg vs Georgia do?

A

Brings back the death penalty; states that do have the death penalty must have standards for it

78
Q

What does Griswold vs Connecticut do?

A

Right to privacy under the 14th amendment due process, used contraceptives

79
Q

What does Roe vs Wade do?

A

Legalizes abortion

80
Q

What does Planned Parenthood vs Casey do?

A

“strict scrutiny”-some things can’t be allowed at all; changed to “undue burden”, which permits more regulations, but allows it