Civil Liberties

Question 1

Civil liberties

Answer 1

Areas of personal freedom constitutionally protected from government interference

Question 2

Brief history of the bill of rights

Answer 2

-Original constitution (1787) DID NOT contain a bill of rights

-Ratified in 1791

-At first bill of rights limited only the actions of federal governments and not state governments (Barron v Baltimore, 1833)

-This changed with the adoption of the 14th amendment in 1868

Question 3

1st Amendment establishment clause

Answer 3

“Congress shall make no law respecting an establishment of religion” puts a “wall of separation” between church and state
-Relevant court case Kennedy v. Bremerton (2022) where coach won the battle in being able to pray before every game at a public school

Question 4

1st Amendment free exercise clause

Answer 4

Protects an individuals right to believe and practice whatever religion they choose

-Freedom of religious belief is absolutely protected, while freedom of religious action isn’t absolute

-Relevant court case West Virginia State Board of Education v. Bartnette (1943) protected students practicing the faith of Jehovahs witness

Question 5

Political speech types

Answer 5

-“clear and present danger test” used to determine if speech is protected, based on it’s ability to create a “clear and present danger to society

-Fighting words- speech that directly incites damaging conduct

Question 6

“speech plus”

Answer 6

-Speech accompanied by conduct such as sit-ins, picketing, and demonstrations.
-Protections by 1st conditional
-Restrictions by states or localities acceptable if properly balanced by considerations of public order

Question 7

Press and 1st amendment

Answer 7

-Protected against prior restraint: efforts from governmental agency to block or censor publication of material

Question 8

UNprotected press speech

Answer 8

1. Libel-written statement made in “reckless disregard of the truth” considered damaging to a victim due to its “malicious, scandalous and defamatory” content
2. Slander- oral statement that attempts to do the same thing

Question 9

How could you make flag-burning illegal?

Answer 9

By amending the constitution

Question 10

2nd amendment

Answer 10

• “Well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed”

-2010 McDonald v. Chicago, left 2nd amendment interpretation to the states

Question 11

3rd amendment

Answer 11

Places restrictions on the quartering of soldiers in private homes without the owners consent during wartime

Question 12

How are the 4th, 5th, 6th, and 8th amendments connected?

Answer 12

All have the essence of due process of law: right of every individual against arbitrary action by national or state government

Question 13

4th amendment

Answer 13

Protection from unreasonable searches and seizures
Exclusionary rule: prohibits evidence obtained through an illegal search to be used in court

Question 14

5th amendment 1st clause

Answer 14

1st clause-right to a grand jury that determines whether sufficient evidence is available to justify a trial, don’t rule on whether defendant is innocent or guilty

Question 15

5th amendment other protections

Answer 15

Protection against double jeopardy- being charged twice for same crime

Self-incrimination- “no citizen shall be compelled in any criminal case to be a witness against himself”
-Miranda rule: persons under arrest must be informed of their right to remain silent and having a legal counsel prior to police interrogation

Question 16

6th amendment

Answer 16

-Right to a speedy trial, right to confront witnesses before an impartial jury, “right to counsel”

Question 17

7th amendment

Answer 17

-Right to jury trial in civil affairs where claim exceeds a certain $ value. Prohibits judges from overruling facts revealed by the jury

Question 18

8th amendment

Answer 18

-Excessive bail shall not be required, no excessive fines, nor cruel and unusual punishment

Question 19

Right to privacy

Answer 19

not explicit in the bill of rights but interpreted by the supreme court to entail individual access to birth control and abortions

Question 20

Eminent domain

Answer 20

Right of government to take private property for public use

Question 21

Through what amendments was the “zone of privacy” established?

Answer 21

Created through the 3rd, 4th, and 5th amendments

Question 22

9th amendment

Answer 22

Addresses that individuals have other fundamental rights not adorned explicitly in the bill of rights

Question 23

10th amendment

Answer 23

Powers not explicitly given to the federal government or prohibited to the states are reserved to the states or to the people

Question 24

The bill of rights always applied to state governments

Answer 24

False

Question 25

Barren V. Baltimore

Answer 25

(1833) supreme court case that held that many amendments in the bill of rights only applied to federal governments and governmental proceedings

Question 26

New York V. Gitlow

Answer 26

(1925) supreme court ruled that 1st amendment rules applied to state governments in addition to federal governments through the 14th amendments due process clause