The protection of civil rights and liberties in the US today

Question 1

What are the 4 means of protecting rights that will be discussed in this chapter?

Answer 1

• The constitution
• The BoR
• Other constitutional amendments
• SC rulings

Question 2

What type of rights are protected by the 1787 original constitution?

Answer 2

Institutional rights

Question 3

List some of these institutional rights

Answer 3

• The right of all states to play a role in electing the president and members of congress
• The right of congress to make laws, notably through the elastic/necessary and proper clause
• The creation of an independent judiciary through security of salary and tenure
• Embedded throughout the document is the structure of checks and balances and the separation of powers, which upholds the right to freedom from tyranny

Question 4

Where are the most prominent personal and civil rights found?

Answer 4

In the BoR, rather than the 7 articles of original constitution

Question 5

What has been the significance of the BoR for the SC?

Answer 5

It has been the basis for many of its decisions on civil rights

Question 6

What statement does the 1st amendment begin with?

Answer 6

‘Congress shall make no law respecting an establishment of religion, or the free exercise thereof’

Question 7

Why was this issue so important for the FF?

Answer 7

Because religious freedom had not been present in many of the countries they had come from

Question 8

What do Evangelical Christians say in criticism of how the SC has upheld and interpreted this part of the 1st amendment?

Answer 8

That they focus too much on the establishment clause at the expense of the free exercise clause

Question 9

Until when was the court largely silent on this civil liberties issue?

Answer 9

They only really began to intervene here between the 1960s and the 1990s

Question 10

What did the court rule when it intervened on this issue during this period?

Answer 10

It ruled overtly that Christian practises in US state run schools were unconstitutional as they constituted an establishment of religion

Question 11

What other freedom does the 1st amendment talk about?

Answer 11

Freedom of speech

Question 12

What does the 1st amendment say about freedom of speech?

Answer 12

‘Congress shall make no law adbridging freedom of speech, or the press’

Question 13

Why was 2008 a significant year for the relationship between the SC and the 2nd amendment?

Answer 13

Arguably for the first time in its history, it ruled on a case relating to the meaning of the 2nd amendment regarding individual gun ownership rights

Question 14

What does the 2nd amendment say about guns?

Answer 14

‘A well regulated militia being necessary to the security of a free state, the right of people to keep and bear arms shall not be infringed’

Question 15

What are the two differing interpretations around the 2nd amendment?

Answer 15

Some see it as a collective right to gun ownership only in the form of state militias. Others see it as guaranteeing an individual right to own guns. They argue that because all the other rights in the BoR are individual rather than collective, the 2nd amendment shall be interpreted in the same way

Question 16

What kind of people and groups take the view that the 2nd amendment refers to a collective right to bear arms?

Answer 16

This is the view taken by most liberals, Ds and supporters of gun control legislation, such as the Brady Centre to Prevent Gun Violence and Everytown for Gun Safety

Question 17

What kind of people and groups take the view that the 2nd amendment refers to a individual right to bear arms?

Answer 17

This is the view taken by most conservatives, Rs and groups who oppose most gun control legislation, like the NRA

Question 18

What does the 5th amendment state?

Answer 18

That in no case should anyone be compelled to be a witness against themselves

Question 19

In how many states is the death penalty legal?

Answer 19

28

Question 20

Which state is the most likely to execute those who have been found guilty of a capital crime?

Answer 20

Texas

Question 21

Give some examples of capital crimes

Answer 21

Murder, crimes against humanity, genocide, treason or war crimes

Question 22

Which states are more likely to support execution?

Answer 22

Southern states

Question 23

Which states are more likely to shun execution?

Answer 23

Northeastern states

Question 24

What did the federal government resume in 2020?

Answer 24

Using the death penalty for those tried and convicted of a federal crime

Question 25

How many of these executions had been carried out by the US government by the end of 2020?

Answer 25

10

Question 26

What are the most important post BoR amendments in terms of the protection of civil rights and liberties?

Answer 26

The Reconstruction Amendments (13th and 15th) and the 24th amendment

Question 27

When was the 24th amendment passed?

Answer 27

1964

Question 28

What type of rights did these amendments protect in particular?

Answer 28

The rights of minorities, most specifically blacks

Question 29

What did the 13th amendment do?

Answer 29

Protected all Americans from slavery, irrespective of past or race

Question 30

How did the 14th amendment extend the 13th?

Answer 30

By giving full citizenship to all those born or naturalised in the US

Question 31

What two things did the 14th amendment promise that are particular important for the discussion of civil rights?

Answer 31

• Equal protection of the laws to all citizens
• The requirement for due process of law
• These have proved to be the touchstone for many landmark cases on individual rights

Question 32

What did the 14th amendment make it illegal for any state to do?

Answer 32

To deprive a person of life, liberty or property

Question 33

How did this reinforce the 5th amendment?

Answer 33

Because it extended its scope from the protection of individual rights from federal government to state governments as well

Question 34

Give an example of a landmark case that was decided upon the grounds of equal protection?

Answer 34

Roe v Wade (1973)

Question 35

When was the 15th amendment ratified?

Answer 35

1870

Question 36

What did it do?

Answer 36

Granted the right to vote irrespective of race. It allowed all US males to vote, at least in theory. However, the reality, especially in many areas of the south, was different

Question 37

What methods did southern states use to effectively disenfranchise black voters?

Answer 37

Literacy tests and poll taxes

Question 38

How was this finally stopped?

Answer 38

Due to the growth of the civil rights movement in the 1950s and 1960s

Question 39

What did the 24th amendment do?

Answer 39

Forbade the denial of the franchise on the basis of the non payment of any tax

Question 40

When was the 19th amendment ratified?

Answer 40

1919

Question 41

What did it do?

Answer 41

Granted women equal voting and political rights to men

Question 42

When was the 26th amendment ratified?

Answer 42

1971

Question 43

What did it do?

Answer 43

Lowered the voting age from 21 to 18

Question 44

Why can it be said that these constitutional civil rights mean nothing in isolation?

Answer 44

Because their implementation has relied upon a long sequence of landmark SC decisions

Question 45

What type interpretation of the text has this generally required?

Answer 45

Loose constructionist