POL 3314 midterm exam

Question 1

Who said the phrase “The World has never had a good defintion of liberty?”

Answer 1

Abraham Lincoln in his “The World has never had a good defintion of liberty” speech (1864). The speech was delivered after the emancipation proclamation

-He points to the conflicting arguments of slaveholders and abolition of slavery. While slaveholders were claiming a “liberty” to enslave others, Lincoln notes that this infringes on the liberties that people have to be free.

Question 2

What are the Bill of Rights?

Answer 2

The first ten amendments. Essential to civil liberties.

Question 3

What is the 1st amendment?

Answer 3

States “congress shall make no law” regarding establishment of religion, or restricting freedom of speech, press, assembly, or petititon

Question 4

What is 2nd amendment?

Answer 4

“A 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”

Question 5

What is the 4th amendment?

Answer 5

No warrants shall be issued, unless on probable cause. No unreasonable searches and seizures. Anyhting found counter to this is not admissible as evidence.

Question 6

What is the 5th amendment?

Answer 6

No double jeopardy (tried twice for the same crime); freedom from self-incrimination; no person shall be deprived of life, liberty, or property without due process.
*before the 14th amendment ^ only applied at the federal level.

Question 7

What is the 6th amendment?

Answer 7

Right to counsel, and trial by jury. Jury rulings must be unanimous. In criminal proceedings.

Question 8

What is the 7th amendment?

Answer 8

Same provisions ^^^, but for civil proceedings.

Question 9

What is the 8th amendment?

Answer 9

No cruel or unusual punishments, or execessive fines.

Question 10

What is the 9th amendment?

Answer 10

The enumeration of certain rights does not deny or disparage those retained by the people.

Question 11

What is the 10th amendment?

Answer 11

Powers that are not expressly granted to Congress, nor forbidden by it to the states, are “reserved to the states and people”

Question 12

What is the 13th amendment?

Answer 12

Officially abolished slavery and immediately freed more than 100,000 enslaved people.

Question 13

What is the 14th amendment and its provisions?

Answer 13

a. Birthright citizenship
b. “No state shall” deprive citizens of life, liberty, property, without due process of law (this incorporates the Bill of Rights at the state level)
c. Equal Protection under the laws, and same privileges and immunities.
d. selective incorporation - applies to state level.

Question 14

What is the 15th amendment?

Answer 14

meant to guarantee that the right to vote cannot be denied on the basis of “race, color, previous servitude.”

Question 15

What is the 19th amendment?

Answer 15

Your right to vote cannot be infringed on the basis of gender. Granted women the right to vote.

-Passed in 1920

Question 16

How do we define civil liberties?

Answer 16

The limitations on government infringement on certain rights and actions. Protections from government overreach, and that is what determines the degree of which citizens enjoy them.

liberty is your liberty unless it impacts someone elses safety

Question 17

How do we define Civil Rights?

Answer 17

Refers to the protections guaranteeing that people are treated equally under the law (the antithesis of civil rights is discrimination or disenfranchisement)

Question 18

What is Strict Scrutinity/Rational Basis Review and which court case established it?

Answer 18

The US vs Carolene Products (1938) case included a footnote where rational basis was first introduced. The Rational Basis test is three pronged and must prove there is
a. the government must prove the law serves a compelling interest
b. the law must be “narrowly-tailored” to that interest
c. The law must use the “least restrictive means”.

• when applied burden of proof is on the government (or whomever created the statute) to justify these actions

Question 19

How does each branch of the government “check” the others?

Answer 19

a. Congress - confirms nominees; can impeach; pass laws; can override vetoes (checks executive and judiciary)
b. President/Executive branch: vetoes legislation; nominate federal judges; pardon power.
c. Courts- Judicial Review (the ability to determine the constitutionality of actions). Was established by the Marbury v. Madison case.

Question 20

What must be proven to show that libel or slander has been committed?

Answer 20

1) the statements made were false, with blatant disrefard for truth
2) need to show proof that the victim of the statements suffered damages (emotional, social and/or economic)
3) Need to show that the source/defendant did so with malicious intent.

-Defamation cases are difficult to win, as proving all of these attributes (particulary “malicious intent” of the aggressor) is hard to prove or determine.
Burden of proof is on the victim of the alleged wrongdoing.

Question 21

What is the difference between libel and slander?

Answer 21

a. Libel - written, “libel is literary”
b. slander is Spoken, “slander is stated”

Question 22

What is Habeas Corpus? Is it unlimited? Can it be suspended

Answer 22

“Bring forth the body,” refers to having the right to be brought forth to magistrate/governing body and be told what you are being accused of/charged with.

-Can be suspended, in times of “insurrection or rebellion,” but only by congress, not the president.

Question 23

What is Bill of Attainder? Is it unlimited? Can it be suspended?

Answer 23

An individuals right to not be arrested and sentenced without trial.

Question 24

What are Ex Post Facto Laws? Is it unlimited? can it be suspended?

Answer 24

Things that were not illegal, at the time they were done, cannot be retroactively punishable

Question 25

What/are there requirements to be a justice on the court?

Answer 25

There are none. President’s appoint of their choice justices and congress confirms. President usually appoints justices that align with their partisanship ex. democratic president will appoint a justice with democratic values.

-currently all the justices have been trained in law, but it is not a requirement

Question 26

What is “Heckler’s veto” and in which cases is it mentioned?

Answer 26

When police believe that speech should be shut down, due to likelihood of audience reaction/violence
a. Chaplinsky v. New Hampshire
- insulted cathoics, police officials, nearly got impaled
- refused to salute the flag bc he was jehovah’s witness
b. Bible Believers case- Police shut down their activity at a cultural fair, because they were stoking violence;they later appealed and won the case.

Question 27

US v. Carolene Products (1938) and the most important part of the case?

Answer 27

Established rational basis/strict scrutiny, in “Footnote 4.”

**the rational basis test needed to determine if they violate fundamental rights

Question 28

How did the NY Times v. Sullivan (1960) change the burden of proof for public officials dealing with libel cases?

Answer 28

a. concerned a public official, who was a police chief.
b. public officials get less protection for defamation than private persons.

Question 29

Associated Press v. Walker and how does libel cases differ when dealing with public citizens in comparison to public officials?

Answer 29

private persons have less burden of proof compared to public officials.

Question 30

How did Time v. Firestone (libel of private persons) change the degree of burden of proof?

Answer 30

Exemplifies Associated Press v. Walker result. Firestone was the wife of the “heir to the Tire Fortune,” who won the case because she was a private individual. Her case was not a “public controversy.”

-Public figures continued to need to prove the malice standard

Question 31

What did the case Marbury v. Madison(1803) establish? What is its importance to the court?

Answer 31

Established Judicial Review, the basis of all future court decisions.

Question 32

What did Tornillo want the newspaper to do in the case of Miami Publishing Co v. Tornillo?

Answer 32

He wanted to publish his response to what was stated about him. Court ruled they did not have to.

• court agreed with the paper’s refusal, stating that a “right to reply” is intrusive of the rights of the news editors.

Question 33

What is the stolen valor act mentioned in the U.S. v. Alvarez case (2012)? What happened in this case?

Answer 33

Xavier Alvarex had falsely stated that he was awarded the Congressional Medal of Honor and was a retired Marine, in violation of the Stolen Valor Act of 2005. Supreme Court declared the Act was unconstitutional, but could be constitutional if more specific. You are not able to lie for monetary gain, but if not it is up to the burden of proof is on the public.

not illegal but morally reprehensible

-Stolen Valor Act of 2005- made it illegal to claim you are a veteran when you are not
caused the court to ponder if the first amendment protects you if you don’t recieve material benefits?

Question 34

In Chaplinsky v. New Hampshire (1942), what was Chaplinsky arrested for? What did the court rule regarding his actions?

Answer 34

a. arrested for insulting the flag, insulting catholics, and refusing the draft
b. the court ruled that he had a right to be arrested for what he did, because he refused requests to stop.

“fighting words”

Question 35

In Buckley v. Valeo (1976), what did the court rule regarding campaign expenditures by candidates? Contributions from outside sources? Disclosures?

Answer 35

a. Court ruled that there can be limits on outside donations, and requirements for disclosure of funding, but no limits on what candidates can spend on their campaigns.

Question 36

Citizen United v. Federal Election Commission (2010) - What did the court rule regarding campaign contributions from corporations?

Answer 36

a. Court ruled that campaign spending is essential to free speech, under first amendment.
b. Further, corporations have free speech rights, and thus can spend unlimtied amounts on a campaign, as long as they are not directly affiliated with it.

Question 37

Near v. Minnesota (1931) - What is the relationship between this case and “prior restraint?” What constitues “prior restraint?”

Answer 37

a. this case established that the burden of proof is on the government to show that something should not be published. This is “prior restraint”
b. Rarely granted, because that is a high burden of proof.

Question 38

Ramos v. Louisiana (2020) - Which Amendment did this case concern, as incorporated through the 14th amendment?

Answer 38

a. concerned the 6th amendment trial by jury. He was sentenced to death, but under Louisiana law, only 10/12 jurors needed to convict. Overruled, as uanimous juries are needed under 6th amendment.

Question 39

Snyder v. Phelps (2010) - What happened in this case? How did the ruling affect first amendment rights regarding emotional distress?

Answer 39

a. This case involved protesting the funeral of a dead soldier
b. the court ruled that, because they did so according to the laws, the ability to protest in this way is protected by First Amendment, even if it causes emotional distress.

Question 40

Rochin v. California (1952) - what happened in this case? which amendment was violated by the police forcefully extracting evidence from Rochin?

Answer 40

a. Rochin had swallowed capsules. The Police forced them out of him, in ways that “shocked the conscience”
b. This was seized, according to the court, in ways violating his 5th amendment rights against self-incrimination

Question 41

California v. Carney (1985) - what happened in this case? which amendment was called into question when police entered his “home,” and why?

Answer 41

a. Carney owned a motor home. He was suspected of dealing drugs to a youth.
b. Police searched the motor home without a warrant, found drugs, and arrested him.
c. He argued that, because it was a “home,” he had 4th amendment protections. Court disagreed, saying it was a “vehicle,” and therefore not protected.

Question 42

Payton v. New York (1980) - What did the court decide regarding a warrantless search of a home for a felony arrest?

Answer 42

a. Payton was suspected of a murder. He was not home, but NY law at the time permitted warrantless searches for felony arrests.
b. they searched his home, found evidence linking him to the murder, and he was charged.
c. Court overruled this, claiming that the NY law violated the 4th amendment.

Question 43

Board of Regents v. Southworth (2000) - What was Southworth arguing against? Did the argument hold up? Why or why not?

Answer 43

a.Southworth was arguing against the student activity fee, which was used to fund groups they disapproved of.
b.The court ruled against them, claiming that the student activity fee was neutral, and not directed at just one group.

Question 44

What is the 3rd amendment?

Answer 44

No quartering of troops/soldiers in the home.

Question 45

Who are the current justices

Answer 45

John Roberts (CJ) - Bush Jr (R)
Neil Gorsuch - Trump (R)
Ketanji Brown Jackson - Biden (D)
Clarence Thomas - Bush Sr (R)
Samuel Alito - Bush Jr (R)
Sonia Sotomayor - Obama (D)
Amy Coney Barrett- Trump (R)
Elena Kagan - Obama (D)
Brett Kavanaugh - Trump (R)