Unit 5

Question 1

Define the 1st Amendment

Answer 1

• freedom of religion (among the most consistently protected civil liberties)
• freedom of expression (press)
• freedom of assembly (protest)
• right to petition (gov. can regulate time, place, & manner)

Question 2

Define the 2nd Amendment

Answer 2

right to bear arms

Question 3

Define the 4th Amendment

Answer 3

PROTECTS AGAINST UNREASONABLE SEARCHES BY THE POLICE
the right of people to be secure in their persons, houses, and papers, against unreasonable SEARCHES & SEIZURES, shall not be violated
- Miranda Rights
- Double Jeopardy (can’t be convicted for the same crime 2x)
- Exclusionary Rule (illegally obtained evidence can’t be used in trial, MAPP V. OHIO 1961)

Question 4

Define the 5th Amendment

Answer 4

an individual cannot be compelled by the government to provide incriminating information about herself
- people don’t have to self-incriminate
- “I plead the 5th”
- can’t take away life, liberty, or property without DUE PROCESS

MIRANDA V. ARIZONA (1966)

Question 5

Define the 6th Amendment

Answer 5

guarantees the
- rights of criminal defendants,
- right to a public trial without
unnecessary delay
- the right to a lawyer
- the right to an impartial jury
- the right to know who your accusers
are

(PRETRIAL RIGHTS)

Question 6

Define the 14th Amendment

Answer 6

• granted citizenship to all persons “born or naturalized in the United States,”
• EQUAL PROTECTION CLAUSE (how civil liberties apply to the states as well)
  
  • “[no State shall] deprive any person
    of life, liberty, or property, without
    due process of law”

Question 7

What are Civil Liberties?

Answer 7

C. established freedoms that protect citizens, opinions, & property from arbitrary (random choice/personal whim) rather than reason) GOV. interference

Question 8

What are Civil Rights?

Answer 8

rights that guarantee individuals freedom from DISCRIMINATION by the GOV. & OTHER PEOPLE
- about equality

Question 9

Wisconsin v. Yoder (1972)

Answer 9

(Religion): Compelling Amish students to attend school past 8th grade violates the free exercise clause
- opened the door to homeschooling

Question 10

What’s the Lemon Test? What amendment does it relate to?

Answer 10

Determines whether a practice violates the establishment clause under the FIRST AMEND.
- established in Lemon v. Kurtz

Question 11

Define Tinker v. Des Moines School District (1969)
- FRQ

Answer 11

Students may wear armbands to protest the Vietnam War (SYMBOLIC SPEECH, PROTECTED)
- students were not disruptive and did not infringe upon the rights of others and so, therefore, were protected under the FIRST and FOURTEENTH AMENDS.

Question 12

Slander & Libel

Answer 12

Slander: spoken false statements that damage a person’s reputation
Libel: written slander

Question 13

Define McDonalds v. Chicago (2010)

Answer 13

2nd Amendment right to keep and bear arms for self-defense in one’s home is applicable to the states through the 14th Amend.
- EQUAL PROTECTION CLAUSE (14th Amend.)
- applied the Second Amendment to the states.

Question 14

Define Gideon v. Wainwright (1963)
- FRQ

Answer 14

Guaranteed the right to an attorney for the poor or indigent for felony offenses
- also protects the right to a speedy & public trial by an IMPARTIAL jury in criminal cases
- SIXTH AMEND.

Question 15

What are Privacy Rights?

Answer 15

liberties protected by the Bill of Rights that shield some personal aspects of citizens’ lives from gov. interference
- abortion rights (ROE V. WADE, 1972), gay rights, etc.

Question 16

Define Engel v. Vitale (1962)

Answer 16

• public school had a policy of making students participate in daily school prayer
• parents sued
• SCOTUS said the school violated the ESTABLISHMENT CLAUSE (1st AMEND)

Question 17

What is the Establishment Clause?

Answer 17

• no gov. can ESTABLISH a religion as the official st. religion
• no gov. can force people to engage in religious exercises

Question 18

Define Plessy v. Ferguson (1896)

Answer 18

st. imposed segregation DID NOT violate the 14th Amend. as long as the public facilities were “SEPERATE BUT EQUAL”
- doctrine was struck down by Brown v. Board of Education (1954)

Question 19

Define Brown v Board of Education (1954)
- FRQ

Answer 19

race-based school segregation violates the 14th Amend.’s EQUAL PROTECTION CLAUSE

Question 20

What was the Voting Rights Act (1965)?

Answer 20

fed. law that banned racial discrimination in voting
- SCOTUS struck down an important part in 2013, making it easier for sts. to implement discriminatory practices

Question 21

What was the Civil RIghts Act (1964)?

Answer 21

fed. law that outlawed discrimination based on race, color, ethnicity, gender, religion, national origin, etc. in public accommodations engaged in interstate commerce (i.e. hotels, theaters, restaurants, etc.)

Question 22

What is the Exclusionary Rule?

Answer 22

evidence taken illegally from a search is not admissible in court (expands 4th Amend. protections against police action)
- invasion of privacy

Question 23

What is the Exclusionary Rule?

Answer 23

evidence taken illegally from a search is not admissible in court (expands 4th Amend. protections against police action)
- invasion of privacy
- MAPP V. OHIO (1961)

Question 24

Define Roe v. Wade (1972)
- FRQ

Answer 24

the constitution protects a pregnant woman’s liberty to choose to have an abortion without excessive gov. restriction
- RIGHT TO PRIVACY (not directly tied to any one amendment)

Question 25

Define Mapp v. Ohio (1961)

Answer 25

the U.S. Supreme Court ruled that under the 4th and 14th Constitutional amendments, illegally seized evidence could not be used in a state criminal trial
- EXCLUSIONARY RULE

Question 26

Define Miranda v. Arizona (1966)

Answer 26

an arrested individual is entitled to rights against self-discrimination and to an attorney under the 5th and 6th Amendments of the United States Constitution
- MIRANDA RIGHTS (“You have the right to remain silent, anything you say can and will be used against you in a court of law . . . )

Question 27

What is Selective Incorporation?

Answer 27

a constitutional doctrine that ensures that states cannot create laws that infringe on or take away the constitutional rights of citizens
- 14th Amend., Equal Protection Clause

Question 28

What is the Equal Protection Clause?

Answer 28

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
- Civil Liberties protection applies to the states as well
- FOURTEENTH AMENDMENT

Question 29

Define Obergefell v. Hodges (2015)

Answer 29

Legalized same-sex marriage
- 14the Amendment (Equal Protection Clause)
- Right to Privacy?

Question 30

What is the Direct Incitement Test?

Answer 30

the government can only restrict speech when it’s likely to result in imminent lawless action, such as inciting mob violence
- yelling “fire” in a crowded theater
- replaced the “Clear and Present Danger” Test

Question 31

The clear and present danger test allows the government to

Answer 31

limit some political speech but only when it may cause significant harm to others.

Question 32

Due Process Rights are contained in the ________, _________, __________, & _________ Amends.

Answer 32

Fourth, Fifth, Sixth, and Eighth