CHO5: Civil Liberties and Civil Rights

Question 1

Chicago, Burlington and Quincy Railroad v. Chicago

Answer 1

1897

applied eminent domain (V) to states

Question 2

Gitlow v. New York

Answer 2

1925

applied freedom of speech (I) to states

Question 3

Near v. Minnesota ex rel. Olson

Answer 3

1931

applied freedom of press (I) to states

Question 4

De Jonge v. Oregon

Answer 4

1937

applied freedom of assembly (I) to states

Question 5

Cantwell v. Connecticut

Answer 5

1940

applied free exercise of religion (I) to states

Question 6

Wolf v. Colorado

Answer 6

1949

applied freedom from unnecessary search and seizure (IV) to states

Question 7

Mapp v. Ohio

Answer 7

1961

applied freedom from warrantless search and seizure (“exclusionary rule”) (IV) to states

Question 8

Robinson v. California

Answer 8

1962

applied freedom from cruel and unusual punishment (VIII) to states

Question 9

Gideon v. Wainwright

Answer 9

1963

applied right to counsel in any criminal trial (VI) to states

Question 10

Malloy v. Hogan

Escobedo v. Illinois

Answer 10

1964

applied right against self-incrimination and forced confessions (V) to states

Question 11

Griswold v. Connecticut

Answer 11

1965
applied right to privacy (III, IV, and V) to states
prohibited bans on contraception

Question 12

Miranda v. Arizona

Answer 12

1966

applied right to remain silent (V) to states

Question 13

Benton v. Maryland

Answer 13

1969

applied right against double jeopardy (V) to states

Question 14

McDonald v. Chicago

Answer 14

2010

applied right to bear arms (II) to states

Question 15

Timbs v. Indiana

Answer 15

2018

applied freedom from excessive fines (VIII) to states

Question 16

Ramos v. Louisiana

Answer 16

2020

applied right to a unanimous verdict (VI) to states

Question 17

Civil Liberties in Constitution

Answer 17

No bills of attainder: a legislative act that imposes punishment without trial

No Ex Post Facto laws: punishment for past crimes with new laws

Cannot suspend Habeas Corpus: punishment without trial

Question 18

Privacy in Amendments

Answer 18

III, IV, IX

3, 4, 9

Question 19

Forms of Protected Speech

Answer 19

public speech in public forum
except for “fighting words”, seditious speech, obscenity, hate speech

symbolic speech (eg. burning a flag)

Question 20

Religion Clauses

Answer 20

Establishment Clause: prohibits state-sponsored religion
Free Exercise Clause: prohibits prohibitions of religion

builds “wall of separation” between church and state

Question 21

Engel v. Vitale

Answer 21

1962
prohibited school prayer because of establishment clause
allowed for prayers at school because of free exercise clause

Question 22

Unreasonable search and seizure

Answer 22

4th Amendment

Question 23

Self-incrimination

Answer 23

5th Amendment

Question 24

Right to Counsel

Answer 24

6th Amendment

Question 25

Trial by Jury

Answer 25

7th Amendment

Question 26

Shelby County v. Holder

Answer 26

2013 Allowed states to NOT evaluate the impact of their voting policies on minority voters Struck down part of Voting Rights Act

Question 27

Civil Rights Act

Answer 27

1964 | Prohibited segregation laws

Question 28

Civil Rights vs. Civil Liberties

Answer 28

Civil liberties: protects from government | Civil rights: protects from discrimination (from government or others)

Question 29

Procedural vs. Substantive Equality

Answer 29

Procedural (de jure): equality under the law | Substantive (de facto): equality of result

Question 30

Procedural Equality Laws

Answer 30

13th, 19th Amendments (see slides for complete list) Brown v. Board of Education Civil Rights Act of 1964: prohibited segregation and workplace discrimination Voting Rights Act of 1965: prohibited racial discrimination in voting Civil Rights Act of 1968: prohibited violence on the basis of race

Question 31

Marbury v Madison

Answer 31

established judicial review

Question 32

Nicole v Maryland

Answer 32

Established importance of supremacy clause prohibited states from taxing federal government

Question 33

Gideon v Wainwright

Answer 33

expanded right to counsel (6th Amendment) to all felony cases

Question 34

Plessy v Ferguson and Brown v Board

Answer 34

Plessy v Ferguson: established "separate but equal" | Brown v Board: ended segregation

Question 35

Barron v Baltimore

Answer 35

John Marshall established "dual citizenship" Federal protection did not extend to states Ended with 14th Amendment

Question 36

Lemon Test

Answer 36

determines if a law violates the establishment clause Does the practice have a secular legislative purpose? Does the practice advance or inhibit religion? Does the practice foster an excessive government entanglement with religion?

Question 37

Selective incorperation

Answer 37

The intermittent process of establishing civil rights and liberties one by one

Question 38

Exclusionary Rule

Answer 38

Evidence can be thrown out if it was obtained without a warrant (4th Amendment)