Test 2

Question 1

Civil Rights Act of 1964

Answer 1

• Ended segregation in all public accommodations.

- Argued that there is no hotel that doesn’t deal with interstate commerce

Question 2

Voting Rights Act of 1965

Answer 2

1) Guaranteed African-Americans the right to vote.

Question 3

Nat Turner rebellion

Answer 3

Was a slaved who felt called by God to lead a rebellion

- Southerners feared the rebellion, so they treated them badly

Question 4

Alien and Sedition Act of 1789

Answer 4

Made it a crime to say or publish anything that would “defame or bring into disrepute the government of the United States.”

Question 5

Suspension of habeus corpus during Civil War

Answer 5

During this time of conflict we have power to arrest people without reason

Question 6

Espionage and Sedition Acts of 1917 and 1918

Answer 6

Made it unlawful by “word or act to oppose the cause of the United States.”

Question 7

Gitlow v. New York

Answer 7

Gitlow who publishes a communist manifesto and was charged for plotting to overthrow the US gov (red Scare)

Question 8

Brandenburg V. Ohio (1969

Answer 8

The state may not restrict or punish speech advocating “the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”
- KKK leader, when told to leave the street where they were protesting, said he would come back and “take this fucking street”

Question 9

New York Times v. Sullivan (1972)

Answer 9

NYT got ahold of papers that showed the US was lying to its citizens.

Question 10

Speech (Protected v Non-Protected

Answer 10

Protected : i) Political speech ii) Press iii) Symbolic speech
Not Protected : i) obscenity ii) libel iii) Speech that presents clear and present danger

Question 11

2nd Amendment rights

Answer 11

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 12

District of Columbia v. Heller

Answer 12

DOC restricted right to keep gun in home unless it was disarmed

• Heller said it was against his 2nd amendment right
• Court sided with Heller with 2nd Amendment

Question 13

4th 5th and 6th amendments

Answer 13

Balancing the rights of the accused and the state’s interest in public safety and welfare
4th - Non-reasonable searches prohibited
5th - Do not have to witness against yourself
6th - speedy public trial, impartial jury, told accusations, right to lawyer/council of defense

Question 14

Mapp v. Ohio

Answer 14

Police officers sought a bombing suspect and evidence of the bombing at the petitioner, Miss Mapp’s (the “petitioner”) house. After failing to gain entry on an initial visit, the officers returned with what purported to be a search warrant, forcibly entered the residence, and conducted a search in which obscene materials were discovered. The petitioner was tried and convicted for these materials
- All material was taken under the fourth amendment

Question 15

Miranda v. Arizona

Answer 15

• The defendants offered incriminating evidence during police interrogations without prior notification of their rights under the Fifth Amendment of the United States Constitution
• Government authorities need to inform individuals of their Fifth Amendment constitutional rights prior to an interrogation following an arrest.

Question 16

Gideon v. Wainright

Answer 16

Gideon was charged with a felony in Florida state court. He appeared before the state Court, informing the Court he was indigent and requested that the Court appoint him an attorney. The Court declined to appoint Gideon an attorney, stating that under Florida law, the only time an indigent defendant is entitled to appointed counsel is when he is charged with a capital offense
-This case overruled Betts and held that the right of an indigent defendant to appointed counsel is a fundamental right, essential to a fair trial. Failure to provide an indigent defendant with an attorney is a violation of the Fourteenth Amendment of the United States Constitution

Question 17

Roe v. Wade

Answer 17

On what constitutional basis does the court rule that a woman has a right to terminate her pregnancy
- Her right to privacy

Question 18

Fugitive Slave Act of 1850

Answer 18

Requiring federal involvement in the capture and return of runaway slaves

Question 19

Dred Scott v. Illinois (1857)

Answer 19

Under the constitution, slaves are property so they cannot enjoy any rights