civil liberties and civil rights mid term

Question 1

-Shay’s rebellion
-The non federalist proposed the bill of rights
- Want to make sure the rights are written down
-Not want it: states can write their own constitution
-By not adding the BOR the gov. can stomp on them
- Include congress and the states
- James Madison took it to the house of rep
o Passed 17 then went down the 12, then now the 10 we have been passed

Answer 1

what is the bill of rights

Question 2

Why was the Bill of Rights included in the US Constitution?

Answer 2

• It was included in the constitution to concerns about the potential overreach of federal power
• the need to assure the public that the new government would not become tyrannical.

Question 3

• Constitution provides “constitutional floor”
  o Can’t go below or above it
• States can provide positive rights constitutions are not absolute
  o There are going to be limitations

Answer 3

State (government) Action requirement

Question 4

Process by which the Court gradually applied the protections of the Bill of Rights to the states through the Due Process Clause of the 14th amendment
- Gitlow v. New York
- Palko v. Connecticut

Answer 4

incorporation

Question 5

the court ruled that certain fundamental rights were so essential to liberty that states could not infringe upon them, even if they were not explicitly mentioned in state constitutions

Answer 5

Selective incorporation

Question 6

Provisions aimed to ensure civil rights and protections for individuals against state governments

Answer 6

Fourteenth Amendment and Incorporation

Question 7

nor shall any state deprive any person of life, liberty, or property, without due process of law”
- Clause became primary vehicle for incorporation of BOR

Answer 7

Due process clause

Question 8

• Primary mechanism for incorporating the bill of rights to apply to state governments. The BOR only restricted the federal government but through selective incorporation, the Court applied key protections to the states on a case-by-case bases
• For a right to be incorporated under due process clause, it must be deemed fundamental to “order liberty” or “deeply rooted in this Nation’s history and tradition”

Answer 8

Due Process Clause of the 14th Amendment/standard to incorporate Bill of Rights

Question 9

the doctrine by which the supreme court applies certain fundamental rights from the BOR to the states through due process clause of the 14th amendment
- First introduced in the Twining v. New Jersey and was further developed in Palko v. Connecticut that only rights of essential to “ordered liberty” would be incorporated.

Answer 9

Selective incorporation

Question 10

a competing theory advocated by Justices like Hugo Black which argues that the entire BOR should apply to the states automatically. Under this view, every right in the first eight amendments would be binding on state governments
- Never fully adopted by the Court. Instead the Court opted for selective incorporation

Answer 10

Total incorporation

Question 11

the party who brings a legal action to court seeking resolution or a remedy for a legal dispute

Answer 11

Plaintiff

Question 12

the party at the trial level who is either being sued in a civil case or charge with a crime in a criminal case

Answer 12

Defendant

Question 13

the party responsible for bringing criminal charges against a defendant in a court of law. Typically this is the government, represented by a prosecutor (such as a district attorney or a federal attorney), who seeks to prove the defendant’s guilt beyond a reasonable doubt

Answer 13

Prosecution

Question 14

a legal dispute between private parties (individuals, businesses, or government entities) where one party (plaintiff) sues another (defendant) for compensation or specific performance.

Answer 14

Civil

Question 15

a legal proceeding in which the government (prosecution) charges an individual (the defendant) with violating a law. Criminal cases involve offenses against the state or society, such as theft, assault, or murder. The prosecution must prove the defendant’s guilt beyond a reasonable doubt, which is a much higher standard than in civil cases

Answer 15

criminal

Question 16

Which branch was tasked with “creating” the other courts?

Answer 16

The legislative branch is tasked with creating lower federal courts. This power is granted by Article 1, section 8, and Article III, Section 1 of the U.S. Constitution, which state that while Supreme Court is established by the Constitution, Congress has the authority to create and organize lower federal courts as needed.

Question 17

the section of the U.S. Constitution that establishes the Judicial Branch of the federal government. It creates the Supreme Court and gives Congress the power to establish lower courts.

Answer 17

Article III

Question 18

the authority of a court to hear and decide a case

Answer 18

Jurisdiction

Question 19

the power of a court to hear a case first, before any other court. The Court has original jurisdiction in cases involving ambassadors, public ministers, and disputes between states

Answer 19

Original jurisdiction

Question 20

the power of a higher court to review decisions made by lower courts. The Supreme court primarily functions as an appellate court, meaning it reviews cases that have already been decided in lower courts to determine if legal errors occurred

Answer 20

Appellate jurisdiction

Question 21

A federal law passed by the first U.S. Congress that established the structure of the federal court system. Created district courts, circuit courts, and set the number of Supreme Court justices at six. The act also gave the Supreme Court the power to issue writes of mandamus, a provision later ruled unconstitutional in Marbury v. Madison (1803), establishing the principle of judicial review

Answer 21

Judiciary Act of 1789:

Question 22

an order issued by the U.S. supreme court to a lower court requesting the records of a case for review. The Supreme Court grants certiorari when at least four justices agree to hear the case

Answer 22

Writ of certiorari

Question 23

What makes cert-worthy?

Answer 23

• Involves a conflict among lower courts (circuit split)
• Raises a significant constitutional question
• Involved a major federal law issues
• Affects national important or policy
• Concerns the federal government, especially when the Solicitor General requests review

Question 24

• Against cert because there are so many cases that come through they can only pick a few
• High honor to get case heard
• Rule 10 governing review on writ of cert
  - Supreme court accept cases with different rulings. Guaranteeing everyone has the same rights and there is consistency with the constitution

Answer 24

Granting cert

Question 25

A legal principle established in a previous court decision that serves as an authoritative rule or guidance for future cases with similar issues. Courts, especially supreme courts, rely on precedent to ensure consistency and stability in the law. This doctrine is known as stare decisis, meaning “to stand by things decided

Answer 25

Precedent

Question 26

the authority of federal courts to hear and decide cases. Federal courts have jurisdiction in cases involving federal law, constitutional issues, and disputes between states or citizens of different states

Answer 26

Federal jurisdiction

Question 27

federal courts can hear cases where the parties are from different states and the amount of controversy exceeds $75,000. This ensures neutrality in cases that might otherwise favor a home-state party

Answer 27

Diversity jurisdiction

Question 28

federal courts have jurisdiction over cases involving the U.S. constitution, federal laws, or treaties. These cases arise when a plaintiff claims their rights under federal law have been violated.

Answer 28

Federal question jurisdiction

Question 29

trial courts where federal cases begin, handling civil and criminal matters

Answer 29

U.S. District Courts

Question 30

intermediate appellate courts that review district court decisions

Answer 30

U.S. Courts of Appeals (circuit courts)

Question 31

the highest court, which has the final authority on constitutional and federal law issues

Answer 31

U.S. Supreme Court

Question 32

courts that hear cases for the first time, where evidence is presented, witnesses testify, and judge or jury makes a decision. In the federal system, trial courts are the U.S. District Courts

Answer 32

Trial courts

Question 33

courts that review decisions made by trial courts to determine if legal errors occurred. They do not hear new evidence but review the record from the lower court. In the federal system, these are the U.S. Courts of appeals and the U.S. Supreme courts

Answer 33

Appellate courts

Question 34

the trial-level court in the federal judicial system where cases are first heard. Each state has a least one U.S. District Court, where judges conduct trials, hear evidence, and rule one cases involving federal law

Answer 34

District court

Question 35

the intermediate appellate courts in the federal system, also called the U.S. courts of appeals. The country is divided into 13 circuits, and each hears appeals from the district courts within its jurisdiction

Answer 35

Circuit court

Question 36

Which circuit are we in?

Answer 36

the third circuit

Question 37

the nine judges who serve the U.S. Supreme court the highest court in the country. They are nominated by the president and confirmed by the senate

Answer 37

supreme court justices

Question 38

Court justices serve for life, meaning they remain on the court until they retire, pass away, or are impeached and removed. This lifetime tenure is intended to keep them independent form political pressures

Answer 38

term length

Question 39

the methods judges use to determine the meaning and application of the U.S constitution in legal cases

Answer 39

constitutional interpretation

Question 40

focuses on the plain meaning of the words of the constitution as they were written, without considering historical context or intent

Answer 40

textualist

Question 41

interprets the constitution based in how the words were understood by the public at the time of they were written

Answer 41

original meaning

Question 42

seeks to determine the intentions of the farmers when they were drafted the constitution and applies those intentions to modern cases o focus on the original drafters of the constitution o what did the founders fathers mean o the meaning never changes o but modern times change

Answer 42

original intent

Question 43

views the constitution as a dynamic document that should be interpreted in light of contemporary values, evolving societal norms and modern circumstances.

Answer 43

living constitution

Question 44

- a provision in the 1st amendment of the Constitution that protects individuals’ rights to practice their religion freely without government interference. It ensures that people can hold religious beliefs and engage in religious practices, as long as they do not violate public safety, peace, or laws that apply to everyone. o “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”

Answer 44

Free exercise clause

Question 45

(lowest standard) the law is presumed constitutional. Burden of proof is on the challenger. The government only needs to show that the law is rationally related to a legitimate government interest. Used for economic regulations and general laws (age-based laws, business regulations). Government wins

Answer 45

Rational basis

Question 46

(highest standard) the law is presumed unconstitutional. The burden of proof is on the government. The government must show: a compelling government interest. The law is narrowly tailored and uses the least restrictive means. Used for fundamental rights (free speech, voting) and suspect classification (race, religion) government looses

Answer 46

Strict scrutiny

Question 47

o Sincere belief system addressing fundamental questions about life, purpose, and existence o not necessarily theistic o the government cannot define religious truth but can determine what qualifies as a religion for legal purposes

Answer 47

Defining religion

Question 48

- a legal principle stating that while religious beliefs are absolutely protected under the first amendment, religious actions can be restricted if they violate laws or public safety

Answer 48

Belief/action dichotomy

Question 49

religious beliefs

Answer 49

cannot be restricted by the government

Question 50

can be regulated if they: o threaten public safety or welfare o violate neutral, generally applicable laws o conflict with compelling government interests

Answer 50

- religious actions

Question 51

a law is constitutional if it’s serves a legitimate, non-religious (secular) purpose, even if it burdens religious practices. This was redefined because Cantwell was overturned - Cantwell v. Connecticut

Answer 51

Valid Secular Policy

Question 52

o Serve a compelling government interest o Be narrowly tailored (least restrictive means) o Sherbert v. Verner: denying unemployment benefits to a seventh day Adventist who refused to work on Saturdays was unconstitutional. It overturned Cantwell v. Connecticut o Wisconsin v. Yoder: Amish families exempted from mandatory schooling beyond 8th grade

Answer 52

Sherbert-Yoder test

Question 53

neutral laws that apply to everyone do not violate the free exercise clause even if they burden religion

Answer 53

Smith test

Question 54

the state could deny unemployment benefits to native American workers fired for using peyote in religious ceremonies because the law banning peyote applied to everyone, not just religious groups

Answer 54

Employment Division v. Smith

Question 55

- Congress passed this act to restore strict scrutiny for federal laws - Some cases, like Burwell v. Hobby Lobby have applied RFRA instead of the Smith test, creating exceptions for religious claimants - Federal law that restored the strict scrutiny standard for federal laws that substantially burden religious exercise

Answer 55

Religious Freedom Restoration Act

Question 56

The government cannot substantially burden religious exercise unless

Answer 56

- It serves a compelling government interest - It is the least restrictive means of achieving that interest

Question 57

allowed closely held corporations to deny contraception coverage under the affordable care act based in religious objections using RFRA

Answer 57

Burwell v. Hobby Lobby

Question 58

- Provision in the first amendment stating: “congress shall make no law respecting an establishment of religion” - Prevents the government from favoring, endorsing, or establishing an official religion - Ensures separation of church and state

Answer 58

Establishment Clause

Question 59

- Law must have, a secular purpose, not advance or inhibit religion, avoid excessive government entanglement with religion - Case: struck state funding or private religious schools

Answer 59

Lemon v. Kurtzman

Question 60

- Government cannot appear to endorse or disapprove of a religion - Focuses on whether a reasonable observer would see the action as endorsing religion - Case: Lynch v. Donnelly: allowed a city to display a nativity scene as a part of a broader holiday display

Answer 60

Endorsement Test

Question 61

- The government cannot coerce individuals into religious practices - Even subtle pressure on individuals to participate in religious practices is unconstitutional - Case: Lee v. Weisman: struck down clergy-led prayer at public school graduations

Answer 61

Coercion Test

Question 62

the supreme court has ruled that organized prayer in public schools violates the establishment clause of the first amendment. These decisions emphasize that government-sponsored religious activities in schools are unconstitutional - schools cannot organize, sponsor, or endorse prayer

Answer 62

School Prayer Decisions

Question 62

- Government actions should remain neutral toward religion and align with historical traditions of religious expressions in public settings - Case: town of Greece v. Galloway: allowed legislative prayer at town meetings, citing historical precedent

Answer 62

Neutrality Historical analysis

Question 63

- Ruling: banned clergy -led prayers at public school graduation ceremonies - Reasoning: the practice coerced students into participating in religious activities

Answer 63

Lee v. Weisman

Question 64

- Ruling: struck down student-led, student-initiated prayers at high school football games - Reasoning: since the prayer was conducted using school resources, it was still government endorsement of religion

Answer 64

Santa Fe Independent School District v. Doe

Question 65

The supreme court has ruled on when and where religious symbols (crosses, nativity scenes, ten commandments) can be displayed on public property under the establishment clause of the first amendment

Answer 65

Religious displays decisions

Question 66

- Ruling: allowed a nativity scene as part of broader secular holiday display. - Reasoning: the display has a secular purpose and did not endorse religion

Answer 66

Lynch v. Donnelly

Question 67

- Ruling: struck down ten commandments display in a courthouse - Reasoning: the display has a clear religious purpose and failed the lemon test

Answer 67

McCreary County v. ACLU

Question 68

The first amendment protects freedom of speech, which includes spoken, written, symbolism, and expressive conduct. However, not all speech is protected under the constitution

Answer 68

Defining speech

Question 69

verbal or written communication (speeches, articles, books)

Answer 69

True speech

Question 70

nonverbal expression (flag burning, armbands)

Answer 70

Symbolic speech

Question 71

actions meant to convey a message (protests, demonstrations)

Answer 71

Expressive conduct

Question 72

Free speech is a fundamental right protected by the 1st amendment because it allow individuals to express ideas, criticize the government, and participate in democracy

Answer 72

Importance of free speech

Question 73

Why does free speech matter

Answer 73

- Essential for democracy - Promotes truth - Protects dissent - Encourages social change

Question 74

A form of nonverbal expression that conveys a message through actions or symbols rather than words. It is protected under the first amendment, but the government may regulate it if there is a compelling interest - protected unless it disrupts order or violates laws that serve a significant government interest

Answer 74

Symbolic speech

Question 75

flag burning as a form of political protest was ruled protected speech

Answer 75

Texas v. Johnson

Question 76

burning a draft card was not protected because the government had a legitimate interest in maintaining the draft system

Answer 76

United states v. O’Brien

Question 77

a type of nonverbal communication that conveys a message through actions rather than words. It is protected under the 1st amendment if it is intended to express an idea and is likely to be understood by others

Answer 77

Expressive Conduct

Question 78

- the regulation must serve a substantial government interest - the restriction must be unrelated to suppressing speech - the restriction must not be broader than necessary

Answer 78

courts determine protection using the O'Brien test

Question 79

- encourages diverse perspectives and prevents government control over ideas - protects even unpopular or controversial speech unless it poses a direct danger - supports democracy by allowing public debate and free expression

Answer 79

free market place of ideas

Question 80

First Amendment protects against laws/actions which are:

Answer 80

restrict speech in unconstitutional ways. Courts strike down laws that are content-based, vague, or too broad because they can suppress free expression

Question 80

- get the strictest scrutiny - laws that restrict speech based on its content or viewpoint are presumed unconstitutional - courts apply strict scrutiny, meaning the law must serve a compelling government interest and be narrowly tailored

Answer 80

Content-based

Question 81

- due process by failing to give clear guidelines - laws that are not clearly defined can lead to arbitrary enforcement and discourage speech - the due process clause requires laws to be clear enough for people to understand what is prohibited

Answer 81

Vague

Question 82

- suppress lawful speech, making them unconstitutional - laws that restrict more speech than necessary can infringe on protected expression - even if aimed at harmful speech, they must be narrowly tailored to avoid chilling legitimate speech

Answer 82

too broad

Question 83

physical actions that may or may not communicate a message (ex: protects, flag burning) - some conduct is protected as symbolic speech if ti conveys a clear message

Answer 83

Conduct

Question 84

What standard does content-based restriction on expressive conduct?

Answer 84

- must pass strict scrutiny - if government restricts expressive conduct based in content the law is subject to strict scrutiny - the law must serve a compelling government interest - it must be narrowly tailored to achieve that interest - it must be the least restrictive means of achieving that goal

Question 85

- applies to content-neutral laws that regulate conduct - used to evaluate government restricts on expressive conduct that are content-neutral (not targeting the message itself) a restriction on symbolic speech is constitutional if - it falls within the government's constitutional power - it serves a substantial government interest - the interest is unrelated to suppressing speech - it only restricts speech as much as necessary

Answer 85

O'Brien

Question 86

- It is content-neutral (not based on the speech’s message) - It serves a significant government interest (maintaining public order) - It is narrowly tailored (does not restrict more speech than necessary) - It leaves ample alternative channels for communication

Answer 86

A time, place, manner restriction is valid when:

Question 87

- speech that is likely to incite immediate violence or provoke a physical response - legal response: unprotected if it is directed at a specific person and likely yo cause an immediate breach of peace - Chaplinksy v. New Hampshire

Answer 87

fighting words

Question 88

- speech that depicts sexual content in a highly offensive way and lacks serious value (literary, artistic, political, or scientific) - legal standard: determined by the Miller test - appeals to the prurient interest - depicts sexual conducts in a patently offensive way - lacks serious literacy, artistic, political, or scientific value

Answer 88

obscenity

Question 89

- false statements that damage a person's reputation - legal standard: only need to prove negligence - for public figures: must prove actual malice (the statement as knowingly false or made with reckless disregard of for the truth)

Answer 89

Libel/Slander

Question 90

- speech that expresses hatred or bias against a group on race, to violence, or fighting words - legal standard: generally protected unless it includes true threats, incitement violence, or fighting words

Answer 90

hate speech

Question 91

students do not have the speech rights as adults in school settings. schools can restrict speech that disrupts learning or is lewd, indecent or promotes illegal activity

Answer 91

Student Speech

Question 92

- libel: writing - slander: spoken - show that it was published need to show damages need to shoe that the statement was false - easiest defense is how that the statement was true

Answer 92

defamation

Question 93

- in defamation cases, public figures must meet a higher standard to prove libel or slander then private individuals - public figures have a higher burden of proof than private individuals - the actual malic standard protects free speech and public debate - private individuals only need to prove negligence to win a libel/slander case

Answer 93

public figure test for libel/slander