Chapters 4 and 5 Quiz

Question 1

What are civil liberties?

Answer 1

Constitutionally established rights to a person or their property. Considered negative liberty.

Question 2

What is negative liberty?

Answer 2

Freedom from external restraint on one’s actions

Question 3

What are civil rights?

Answer 3

The rights and privileges guaranteed equally to all citizens. Considered positive liberty.

Question 4

What is positive liberty?

Answer 4

The possession of the capacity to act upon one’s free will.

Question 5

What is due process?

Answer 5

Legal safeguards that prevent the government from arbitrarily depriving citizens of life, liberty, and property.

Question 6

What is selective incorporation?

Answer 6

The process the Supreme Court has to apply fundamental liberties to the states.

Question 7

What are the protections guaranteed by the constitution?

Answer 7

Habeas corpus, prohibition against bills of attainder, Ex post facto laws, and trial by jury.

Question 8

What is Habeas corpus?

Answer 8

Brings an individual before the courts and they are told of their detention.

Question 9

What are bills of attainder?

Answer 9

Laws that declare a person guilty without a trial.

Question 10

What is an ex post facto law?

Answer 10

Retroactive laws. A person cannot be charged retroactively with a crime.

Question 11

What is the 4th Amendment?

Answer 11

No illegal searches and seizures; person and property laws.

Question 12

What is the 5th Amendment?

Answer 12

Rights of the Accused; no self-incrimination, no double jeopardy, due process

Question 13

What is the 6th Amendment?

Answer 13

Protections of the Accused; right to a speedy & public trial, impartial jury, legal counsel, confront witnesses

Question 14

What is the 9th Amendment?

Answer 14

Rights not listed

Question 15

What is the 13th Amendment?

Answer 15

Prohibition against slavery

Question 16

What is the 14th Amendment?

Answer 16

Due Process and Equal Protection of Law; Applies due process to everyone

Question 17

What is the 15th Amendment?

Answer 17

No one can deny citizens the right to vote based on their race or previous condition of servitude.

Question 18

What are ways to test if speech falls under protected speech of the 1st Amendment?

Answer 18

Clear and Present Danger Test, Imminent Lawless Action Test (Incitement), and Symbolic Speech

Question 19

What is the Clear and Present Danger Test?

Answer 19

The government can only silence people if there’s a clear and present danger to the public.

Question 20

What is the Imminent Lawless Action Test (Incitement)?

Answer 20

A person can say most things (even hate speech) unless they mean to incite violence or the words they use can incite violence.

Question 21

What is Symbolic Speech?

Answer 21

Allows picketing and flag burning and posits that these actions are considered freedom of speech.

Question 22

What are examples of unprotected speech?

Answer 22

Commercial Speech, Libel/Slander, Obscenity, Time, Place, and Manner Restrictions, and Speech that is likely to bring about public chaos.

Question 23

What is the Establishment Clause?

Answer 23

Bars the government from advocating for a certain religion.

Question 24

What is the Free Exercise Clause?

Answer 24

The government cannot condemn a person for their religion or lack thereof.

Question 25

What is the Lemon Test?

Answer 25

Lemon v. Kurtzman; the case law that set the precedent by which private schools get money. It states that any advancement of religion must be incidental, and not a principal effect of the program. It also states that there should be no excessive entanglement between state and church.

Question 26

What is considered not permissible in regard to public funding when it comes to private schools?

Answer 26

Parochial school salaries and textbooks.

Question 27

What is considered permissible in regard to public funding when it comes to private schools?

Answer 27

Parochial school busing, computers, and vouchers.

Question 28

What are inherent characteristics?

Answer 28

Individual attributes: race, national origin, religion, gender, and sexual orientation.

Question 29

What is Roe v. Wade?

Answer 29

Established the 14th Amendment for legalized abortion.

Question 30

What is civil disobedience?

Answer 30

If someone views that their rights have been violated, then they rebel against the government. Non-violent.

Question 31

What are Jim Crow Laws?

Answer 31

Laws that required the separation of racial groups.

Question 32

What is a White Primary?

Answer 32

Only white people could vote in the primary election.

Question 33

What is a Literacy Test (in regard to voting)?

Answer 33

A test to determine the eligibility to vote.

Question 34

What is a Poll Tax?

Answer 34

Essentially paying all taxed when it comes time to vote.

Question 35

What is the Grandfather Clause?

Answer 35

A clause that exempted peoples whose ancestors had voted before 1870.

Question 36

What did Plessy v. Ferguson case establish?

Answer 36

Created the separate but equal doctrine.

Question 37

What did the Brown v. Board of Education of Topeka case establish?

Answer 37

Segregated schools are considered unconstitutional.