Unit 5 Study guide questions

Explain how the decision in Betts v. Brady demonstrates the principle of federalism.

- Brady demonstrates the principle of federalism by explaining how Betts did not incorporate the Sixth Amendment, which allowed states to decide whether to provide counsel prior to the Gideon ruling.

Describe the difference between civil rights and civil liberties.

- Civil liberties are freedoms guaranteed to us by the Constitution to protect us from tyranny (think: our freedom of speech), -while civil rights are the legal rights that protect individuals from discrimination (think: employment discrimination).

Explain how the number and party affiliation of federal district court appointees affects presidential influence and power.

- Judicial appointees will likely support the same policies as the president. The more appointees that are appointed, the more likely it is that policies supported by the president will be upheld.

Explain how the decision in Gideon v. Wainwright relates to the reasoning in Justice Black's dissenting opinion in Betts v. Brady.

- Justice Black's dissent in Betts argued that the U.S. Constitution protected the right to an attorney which influenced the decision in Gideon v. Wainwright.

Explain how that similarity or difference affects the judicial decisions of the federal district courts with regard to civil liberties.

- Republican appointees tend to support civil liberties on Second Amendment cases and religious freedom cases.

Describe a specific legislative action that extended civil rights to each of the following. ◦ Persons with disabilities

- The Americans with Disabilities Act (ADA) made it so that public institutions had to accommodate for people with disabilities (example: ramps) (unfunded mandate)

Identify the primary clause of the Fourteenth Amendment that is used to extend civil liberties.

- The Due Process Clause of the 14th amendment is used to extend civil liberties

Identify the constitutional amendment in the Bill of Rights that is common to both Gideon v. Wainwright (1963) and Betts v. Brady (1942).

- The Sixth Amendment is the constitutional amendment that is common to both cases.

Explain how civil liberties were incorporated by the Supreme Court in two of the following cases. ◦ Mapp v. Ohio

- illegally seized evidence cannot be used in court (found in the 4th amendment)

Explain how civil liberties were incorporated by the Supreme Court in two of the following cases. ◦ Miranda v. Arizona

- must be informed of rights (found in the 5th amendment)

Explain how civil liberties were incorporated by the Supreme Court in two of the following cases. ◦ Gideon v. Wainwright

- right to an attorney in criminal cases ("right to counsel", originally in 6th amendment)

Describe a specific legislative action that extended civil rights to each of the following. ◦ Women

-The 19th Amendment gave the women the right to vote and Title IX prevented discrimination in federally funded education programs.

Identify the primary clause of the Fourteenth Amendment that is used to extend civil rights.

The Equal Protection Clause of the 14th amendment is used to extend civil liberties.