Section 4 Flashcards

1
Q

What describes the civil liberties derived from the Bill of Rights?

A

They are things the government is not allowed to do.

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2
Q

What is the difference between civil liberties and civil rights?

A

Civil liberties are protections from the government, while civil rights are protections by the government.

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3
Q

In which types of cases would the Supreme Court use the rational basis test?

A

Cases involving discrimination that do not involve protected classes of individuals.

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4
Q

What did segregated educational institutions violate according to the Supreme Court ruling in Brown v. Board of Education of Topeka?

A

The equal protection clause of the 14th Amendment

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5
Q

Which criminal justice issue is addressed by the courts under the Eighth Amendments?

A

Conditions related to capital punishment (i.e., the death penalty)

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6
Q

Which Supreme Court case set the precedent that defendants with low incomes must be-provided legal counsel in felony cases?

A

Gideon v. Wainwright

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7
Q

Which constitutional amendment protects people from illegal searches and seizures of property?

A

Fourth Amendment

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8
Q

In which case did the Supreme Court rule that evidence obtained without a warrant and that does not fall under any exclusionary rule in inadmissible in court?

A

Mapp v. Ohio

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9
Q

What was the Supreme Court’s rationale for ruling a Pennsylvania program that helped fund the salaries of parochial school teachers unconstitutional in Lemon v. Kurtzman?

A

The program violated the establishment clause because it would have created excessive government entanglement with religion.

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10
Q

Which question is not part of the Miller test for obscenity that was developed by the Supreme Court in Miller v. California?

A

Does the work depict male or female nudity?

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11
Q

What is not a requirement of the Supreme Court’s Lemon test for deciding whether a law or other government action that might promote a particular religious practice should be allowed to stand?

A

The action or law must not affect a large number of people.

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12
Q

In which case did the Supreme Court rule that Congress could regulate firearms that are not regularly used by the military because of an interpretation of the Second Amendment clause regarding a “well-regulated militia”?

A

United States v. Miller

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13
Q

What describes the Supreme Court’s ruling in Obergefell v. Hodges?

A

It recognized that same-sex couples had the same protected civil liberty to marry nationwide as do heterosexual couples do and that states had to recognize other states’ validly issued marriage licenses.

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14
Q

Which Supreme Court case held that married couples have the right to use birth control?

A

Griswold v. Connecticut

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15
Q

Which case involved a challenge by the white nationalist Ku Klux Klan (KKK) organization to a stake law that prohibited speech advocating for various illegal activities?

A

Brandenburg v. Ohio

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16
Q

One case involved a corporation that challenged a section of the Patent Protection and Affordable Care Act (Obamacare) that required that all employment-based group health care plans provide coverage for certain types of contraceptives. The Supreme Court decision declared that the Religious Freedom Restoration Act of 1993 (RFRA) permits certain kind of for-profit corporations to deny coverage for contraceptions in their health plans when that coverage violates a religious belief. 

A

Burwell v. Hobby Lobby Stores, Inc.

17
Q

The Fifth Amendment guarantees a right against self-incrimination (the right “to remain silent”). “No person shall be held to answer for a capital, or otherwise infamous crime, unless a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

This Supreme Court case ruled that a state had an obligation to ensure criminal suspects were informed of their constitutional right to not self-incriminate under the Fifth Amendment and the right to a defense attorney under the Sixth Amendment before formal interrogation by law enforcement could begin.

A

Miranda v. Arizona

18
Q

The 14th amendment guarantees ‘equal protection of the laws’ for all citizens. Section 1. all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

This Supreme Court case challenged the “separate but equal” doctrine of racial segregation that had been established the precedent since the 1896 Plessy v. Ferguson court case.

What is the name of this case?

A

Brown v. Board of Education of Topeka