Unit 3: Civil Liberties and Civil Rights

Question 1

civil liberties

Answer 1

rights given in the constitution

Question 2

civil rights

Answer 2

laws passed to protect people’s rights

Question 3

establishment clause

Answer 3

1st Amendment, states the gov. cannot establish a religion

Question 4

free exercise clause

Answer 4

1st Amendment, people are free to exercise their religion
-except cannot harm people or do anything illegal

Question 5

equal protection clause

Answer 5

14th amendment, people are protected equally under the law

Question 6

due process clause

Answer 6

5th amendment, prohibits the state governments from depriving any person of life, liberty, or property without due process of law.

Question 7

clear and present danger test

Answer 7

1st amendment, if someone does something that is a danger to the county they are banned from doing it

Question 8

incorporation doctrine

Answer 8

a constitutional doctrine through which selected provisions of the Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment.

Question 9

3rd amendment

Answer 9

no soldier is allowed to stay at someones house

Question 10

4th Amendment

Answer 10

right to privacy, prohibits Americans from getting their homes/things searched without a warrant

Question 11

5th Amendment

Answer 11

protects people from being punished more than once for the same crime
-if found innocent of a crime, you cannot be put on trial for that same crime again
-forbids self-incrimination: an individual, acussed of a crime, acts as a witness for themselvesaccused

Question 12

6th Amendment

Answer 12

guarantees criminal defendants the right to an attorney and the right to a speedy trial
-Miranda Rights: police must inform suspect of thier rights, officer can delay reading or failure to read if officer is acting in the name of public safety

Question 13

exclusionary rule

Answer 13

6th amendment, A legal doctrine that bars the use of illegally obtained evidence in court

Question 14

7th Amendment

Answer 14

the right to a jury trial in federal civil court cases, civil cases can go to a jury court

Question 15

8th Amendment

Answer 15

protects criminals against excessive fines, bail, and cruel or unusual punishment

Question 16

9th Amendment

Answer 16

enumerated Rights; the government cannot claim that the only rights people have are those listed in the Bill of Rights.

Question 17

10th Amendment

Answer 17

powers not delegated to the federal government are reserved to the states.

Question 18

11th Amendment

Answer 18

Prohibits citizens of one state or foreign country from suing another state

Question 19

12th Amendment

Answer 19

president can now choose VP

Question 20

13th Amendment

Answer 20

abolished slavery/involunary servitude

Question 21

14th Amendement

Answer 21

provides equal protection under the law to all citizens and ensures that the government does not act arbitrarily or unjustly

Question 22

Brown v Board of Education (1954)

Answer 22

-example of Judicial activism
-Brown sued regarding segregation in public schools
-court overturned the precedent in Plessy v Ferguson: “separate but equal”
-ruled that separate schools are inherently unequal and unconstitutional under the 14th Amendment’s equal protection clause

Question 23

McDonald v. Chicago (2010)

Answer 23

-example of selective incorporation
-a law that ultimately banned handguns in Chicago made McDonald, who believed he needed a handgun to protect himself, sue the state
-court ruled that the 2nd Amendment applies to the states through the 14th Amendment + right to 2nd amendment is a civil liberty

Question 24

Gideon v. Wainwright (1963)

Answer 24

-Gideon was refused an appointed lawyer and was found guilty, he argued the court’s decision violated his constitutional right to be represented by counsel
-according to Florida state law, an attorney could only be appointed to an indigent defendant in capital cases
-6th Amendment’s guarantee of counsel applies to criminal defendants in state courts by way of the 14th Amendment
-example of selective incorporation

Question 25

Tinker v. Des Moines Independent Community School District (1969)

Answer 25

-A group of students decided to wear black armbands to school in support of a truce in the Vietnam War, principles of Des Moines created a policy that refusal to remove the armband will lead to suspension
-the court ruled that students to not loose their 1st Amendment rights when they step onto school property, armbands are protected as symbolic speech, in order to justify the suppression of speech they conduct would have to “materially and substantially interfere: with the operation of the school

Question 26

Schneck v United States (1919)

Answer 26

Schneck and Baer were charged with conspiracy to violate the Espionage Act for distributing leaflets during WWI declaring the draft violated the 13th Amendment prohibition against involuntary servitude
-the two appealed on the grounds that the statute violated the 1st Amendment
-court ruled that Espionage Act didn’t violate the 1st Amendment, the appropriate exercise of Congress’ wartime authority, 1st Amendment doesn;t protect speech that approaches creating a clear and present, widespread distribution of leaflets was sufficiently likely to disrupt the conscription process
-created a “clear and present danger” that barres speech under this description

Question 27

New York Times Company v. United States

Answer 27

-The Nixon administration attempted to prevent NYT and Washington Post from publishing materials belonging to a Classified Defense department study regarding the history of US activities in Vietnam. pres, argued that prior restraint was necessary to protect national security
-gov did not overcome the heavy presumption against prior restraint
-since publication didn’t prove a “direct and present (and unrepairable/imediate) danger” to the US, prior restraint was unjustified

Question 28

Engel v Vitale (1962)

Answer 28

NY state board organized a short, voluntary prayer for recitation at the start of the school day, a group of organizations joined forces, challenging the prayer, claiming that it violated the Establishment Clause of the 1st Amendment
-state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion, prayer policy breached constitutional wall of separation between church and state

Question 29

Wisconsin v. Yoder (1972)

Answer 29

3 members of the Amish communities’ parents refused to send their children to public schools after 8th grade, arguing that high school attendance was contrary to their religious beliefs
-individual’s interests in the free exercise of religion under the 1st Amendment outweighed the state’s interests in compelling school attendance past 8th grade

Question 30

Habeas Corpus

Answer 30

court order to a person or institution holding someone in custody to deliver the imprisoned person to the court.

Question 31

15th Amendment

Answer 31

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Question 32

24th Amenement

Answer 32

outlawed poll tax in any federal, primary, or general election

Question 33

Totle IX

Answer 33

guaranteed women have the same educational oppurtunities as men in programs receiving federal gov fundingopportunities

Question 34

Roe v. Wade (1973)

Answer 34

-pregnant women have a right to abortion without excessive government restriction as an expression of their right to privacy

Question 35

Letter from a Birmingham Jail

Answer 35

-purpose: To address the critiques of white clergymen and explain actions in Birmingham
-Why Direct Action:To bring about negotiation, force the community to confront the issue, create nonviolent tension