We the people Chapter 4

The First Amendment's ____ protects the right to believe in and practice one's religion of choice.

free exercise clause

The Supreme Court's position on prior restraint of the press is that

prior restraint should apply only in rare circumstances and that the press is held accountable largely for what is reported rather than by restricting what can be reported.

Native Americans were not granted citizenship until what year?

Native Americans were not granted citizenship until 1924

Hamdi v. Rumsfeld (2004)

was a U.S. Supreme Court decision reversing the dismissal of a habeas corpus petition brought on behalf of Yaser Esam Hamdi, a U.S. citizen being detained indefinitely as an "illegal enemy combatant". The Court recognized the power of the government to detain unlawful combatants, but ruled that detainees who are U.S. citizens must have the ability to challenge their detention before an impartial judge

In its 2011 Snyder v. Phelps ruling, the Supreme Court held that Westboro Baptist Church protests at military funerals

were a constitutionally protected form of free speech

Libel applies to defamation of an individual's reputation through the

written word

First large and well-organized promotion of women's rights: 1848

Seneca Falls, NY

Forth Amendment

search and seizure

Which Amendment extended the right for women to vote?

Nineteenth Amendment: right to vote extended to women

what are three supreme court classifications?

Strict Scrutiny, Intermediate Scrutiny and Reasonable basis

The term, civil liberties, refers to liberties that

are constitutionally protected from infringement by government

Civil Rights Act and to whom it applies

-Congress's power to regulate commerce -All persons are entitled to equal access to public accommodations -Medium-size and large firms cannot discriminate on the basis of race, color, religion, sex, or national origin in the hiring, promotion, and, wages of employees -Some forms of discrimination are still lawful Example: church-related schools can take religion into account in hiring teachers

Black Civil Rights Movement

-Impetus behind the Civil Rights Act of 1964 was the black civil rights movement --Bus boycott led by Dr. Martin Luther King Jr. --March on Washington for Jobs and Freedom -Resistance to the Civil Rights Act was widespread, but overt discrimination gradually ceased

How does the Supreme Court operate

1. Accepts a case 2. Hearing of oral arguments 3. Parties file written statement briefs 4. Justices meet in conference

Korematsu v. United States

1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 to each survivor.

In the Constitution, procedural due process is protected by the

4th-6th, and 14th amendment

Chinese and Japanese laborers were brought to the western states as laborers to work where?

Chinese and Japanese laborers were brought to the western states as laborers in mines and railroads in the late 1800s

What is the difference between civil liberties and civil rights?

Civil liberties are basic freedoms while civil rights are the basic right to be free from discrimination based on such characteristics as race, disability, color, gender, national origin, and others. ... Civil rights contain a protective aspect of the rights based on protected characteristics.

Hamdan v. Rumsfeld (2006)

Declares that enemy combatants have habeas corpus rights, and international rules of war (Geneva Convention) may be enforced in U.S. federal court

The test proposed by Justice Oliver Wendell Holmes for determining when government may restrict free speech. Restrictions are permissible, he argued, only when speech creates a clear and present danger to the public order.

Define clear and present danger.

The Lemon test is designed to

Ensure the secular nature of a government action

Equal Rights Amendment (ERA) introduced in 1923, didn't pass until 50 years later, but what?

Equal Rights Amendment (ERA) introduced in 1923, passed 50 years later, but failed state ratification

What clause forbids states from denying equal protection to citizens (14th Amendment)

Equal-protection clause:

Which of the following amendments contains a due process clause?

Fourteenth

What are protected by the First Amendment?

Freedom of religion, speech, press, and assembly; right of petition

Lau v. Nichols (1974) prompted what?

Lau v. Nichols (1974) prompted the beginning of bilingual instruction in some schools

A written defamation of a person's character, reputation, business, or property rights.

Libel

Eigth Amendment

No cruel and unusual punishment

According to the Supreme Court, which is true regarding freedom of assembly?

Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable

Sixth Amendment

Right to a speedy and public trial

Fifth Amendment

Rights of people accused of crimes

The right to privacy was instrumental in which decision?

Roe v. Wade

What is meant by selective incorporation?

Selective incorporation refers to the absorption of certain provisions of the Bill of Rights, including freedom of speech and press, into the Fourteenth Amendment. These rights are thereby protected from infringement by the states. After the Civil War, the Fourteenth Amendment was debated in Congress. There was no indication its framers intended it to protect First Amendment rights, such as freedom of speech and press, from state action. Seventy years later, the Supreme Court invoked the Fourteenth Amendment's due process clause in a free speech case, which was followed by a series of cases that established the process of selective incorporation. In doing so, the Court declared certain rights to be a fundamental part of democratic society and, therefore, to be protected from state intervention. At first, the Court included only free expression rights in its interpretation. In the 1960s, selective incorporation was used also to protect fair trial rights.

The right to counsel is guaranteed by the ________ Amendment.

Sixth

A false statement that harms the good reputation of another. The statement must e made to, or within the hearing of, persons other than the defamed party.

Slander

According to the Supreme Court, what is the status of prayer in the public schools?

State-supported prayers are not allowed in public schools.

Which constitutional amendment protects the individual against self-incrimination?

The 5th amendment protects an individual against self incrimination.

.The Fourteenth Amendment:

The Equal Protection Clause is a clause within the text of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State [...] deny to any person within its jurisdiction the equal protection of the laws"

Who led the Farmworkers' movement?

The Farmworkers' movement was led by Cesar Chavez

What did the Indian Bill of Rights do?

The Indian Bill of Rights passed in 1968 and provided for constitutional guarantees for Native Americans on reservations

Fifteenth Amendment: right to vote extended to men of color, but not women

True

What was the main conclusion of the Supreme Court's 2008 decision in District of Columbia v. Heller and its 2010 decision in McDonald v. Chicago?

U.S. Supreme Court ruled (5-4) that the Second Amendment to the U.S. Constitution, which guarantees "the right of the people to keep and bear Arms," applies to state and local governments as well as to the federal government. (Citizens are allowed to own guns for legitimate purposes, such as protecting the home)

The fourth amendment protects Americans from

all unreasonable searches

Equal-protection clause:

applies to the private citizen

The term civil liberties refers to specific individual rights that

are constitutionally protected from infringement by government. The individual right that is widely regarded as the most basic of individual rights is. freedom of expression.

In Mapp v. Ohio, the selective incorporation process was extended to include indigent litigants; pleas of insanity, civil cases, children (minors) accused of crime, criminal proceedings in the states.

criminal proceedings in the states.

The establishment clause prohibits government from

favoring one religion over another or supporting religion over no religion