Ch04: Civil Liberties: Nationalizing the Bill of Rights

The _______ is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the ______ has to do with Congress prohibiting or interfering with the practice of religion.

-establishment clause -free exercise clause

What does the free exercise clause allow?

Correct Answer(s) The clause allows citizens to believe and practice whatever religion they choose. The clause allows individuals to abstain from religion. Incorrect Answer(s) The clause prevents individuals from constructing their own church buildings. The clause requires every individual, regardless of religion, to recite the Pledge of Allegiance to the American flag.

The right to privacy was established in which case?

Griswold v. Connecticut

Why was the 1896 Supreme Court case Plessy v. Ferguson important?

It established the "separate but equal" rule.

In the first 60 years after its passage, what effect did the Fifteenth Amendment have on black turnout for elections?

It had limited impact on the number of black voters.

How have affirmative action policies evolved over time? Put the following events in order from earliest to most recent.

President Johnson compels the federal civil service to hire minorities. The federal government makes affirmative action a priority. The Supreme Court said affirmative action policies must survive strict scrutinity.

Which statement best characterizes the level of government that the Bill of Rights offers protections from?

The Bill of Rights is vague, but does offer specific protections for citizens from the national government.

What was the main motivation behind the American government's decision to repeal the Chinese Exclusion Acts?

The government wanted to maintain the support of a wartime ally.

Campaign spending is considered a form of protected free speech.

True

Prior to the Nineteenth Amendment, states in which region were most likely to grant women full voting rights?

West

In recent years, the Supreme Court has _____ consistently ______ applied the Second Amendment to the states.

consistently and

Order these types of speech from most protected to least protected.

freedom of the pressspeech pluscommercial speech

In 2008, a landmark ruling in the District of Columbia v. Heller case recognized a(n) ______ right to bear arms for the purpose(s) of _______.

individual self-defense

Roe v. Wade was based on which constitutional civil liberty?

right to privacy

Which policy area was the first to extend civil rights to a segment of the population?

voting

The Seneca Falls Convention's "Declaration of Sentiments and Resolutions" furthered which group's civil rights claim?

women

Constitutional rights are afforded only to U.S. citizens.

False

Due process rights refer to citizens' right to participate in the political process.

False

Hispanic voter registration typically outpaces that of whites and blacks.

False

Voting in early America was highly restricted. The first expansion of voting rights permitted _____ who _____ own property to vote.

-white men -did not

The Supreme Court has held that there is _______ public interest in permitting "fighting words," and/though the Court has ______ most convictions based on the use of fighting words.

no reversed

Match each of the following amendments with its purpose.

protects citizens from being tried twice for the same alleged crime (double jeopardy) -Correct label: Fifth Amendment protects against unreasonable searches and seizures -Correct label: Fourth Amendment protects citizens from being tortured or excessively threatened -Correct label: Eighth Amendment protects citizens by giving the right to receive counsel for defense of a crime -Correct label: Sixth Amendment

What form of speech would be considered "speech plus?"

speech in conjunction with a public protest

Which amendment was most responsible for reversing Barron v. Baltimore and imposing some Bill of Rights protections on the states?

the Fourteenth Amendment

In the twentieth century, which branch of government was the first to assert black Americans' voting rights?

the Supreme Court

When a provision from the Bill of Rights is incorporated into the Fourteenth Amendment, it means that _____ has ruled that it applies to _____.

the Supreme Court the states and the national government

In the twentieth century, which branch of government was the first to dramatically expand women's access to education?

Congress

Imagine you are the editor at a major daily newspaper. The government finds out that you are about to run a story detailing sensitive government information, so it sues you to prevent you from publishing it. The government is attempting to engage in which kind of censorship?

prior restraint

The right to bear arms is found in which amendment?

2

The following chart shows the percentage of southern black children who attended school with white children over time.

Congress's passage of the Civil Rights Act

Which of the following statements regarding Chief Justice Marshall's decision on Barron v. Baltimore are accurate?

Correct Answer(s) If the national government had done what the city of Baltimore did, it would have been unconstitutional. The Fifth Amendment protects citizens from the national government, not from state and local governments. Incorrect Answer(s) John Barron's claim about having been denied property without compensation was fraudulent. The Fifth Amendment protects citizens from all levels of government, including national, state, and local.

If the government puts you in jail for speaking out against a war, it is a violation of your civil rights.

False

The Equal Rights Amendment was added to the Constitution in 1972.

False

When the Supreme Court incorporates an amendment from the Bill of Rights into the Fourteenth Amendment, it means all the protections from that amendment are guaranteed by the states.

False

Which of the following are principles that answer the questions of "who" enjoys civil rights and "how much?"

Maintains Principles of Civil Rights Civil rights should be universal. Civil rights should be equal. Violates Principles of Civil Rights Civil rights should be extended to the groups who work for them. Civil rights should be expanded once a group proves it can handle having them.

How has the Supreme Court's treatment of gender-based employment discrimination related to its consideration of other forms of gender-based discrimination?

The Court has expanded protections in areas like sexual harassment more than it has in employment discrimination.

Which of the following best describes the pattern of court cases dealing with the right to bear arms over the course of our nation's history?

The Supreme Court did not deal with many Second Amendment cases until the twenty-first century.

Which of the following statements regarding the Supreme Court's treatment of the establishment clause is most accurate?

The Supreme Court has given inconclusive rulings on government's relationship with religion.

What was the aftermath of the Barron v. Baltimore decision?

The courts refused to extend Bill of Rights protections to state laws.

Selective incorporation was a process that occurred in fits and starts and was not smooth and incremental.

True

The Supreme Court case of Shelby County v. Holder reduced protections for minority voting rights.

True

The free exercise clause protects one's right to be a nonbeliever of any religious faith.

True

The original purpose of the Second Amendment was to provide for a state militia.

True

Basic political freedoms that protect citizens from governmental abuses of power are called [civil liberties], while things the government must do to ensure that citizens are protected from discrimination are called [civil rights].

civil liberties civil rights

How did each of the following policies contribute to the expansion of civil rights in the United States?How did each of the following policies contribute to the expansion of civil rights in the United States?

outlawed job discrimination based on gender Title VII of the Civil Rights Act of 1964 ended the era of "separate but equal" schools Brown v. Board of Education guaranteed equal protection under the law Fourteenth Amendment

Civil [liberties] are rooted sin the Bill of Rights and [limit] what the national government has the power to do.

-liberties -limit

The Supreme Court has generally [protected] the free exercise of religion, although the government [can] regulate the time, place and manner of that religious practice.

-protected -can

In comparing the gay rights movement with the black civil rights movement, the Supreme Court case of _____ was similar to the Plessy v. Ferguson decision, while _____ was similar to the Brown v. Board of Education decision.

-Bowers v. Hardwick -Lawrence v. Texas

Place the following examples of speech into the correct category.

0Protected Speech A protester burns the Texas state flag. A person protests outside a politician's funeral. A person spends her savings on a political campaign. 0Unprotected Speech: A newspaper publishes detailed U.S. military positions during wartime. Protesters rally closer to an abortion clinic than a local ordinance permits.

Imagine that you have been arrested for a speech criticizing the government. In which years, and under which levels of government, would this be an unconstitutional violation of your civil liberties?

Arrest Would Be Unconstitutional: The year is 1986 and you were arrested by the state government. The year is 1886 and you were arrested by the federal government. The year is 1986 and you were arrested by the federal government. Arrest Would Be Constitutional: The year is 1886 and you were arrested by the state government.

Which Supreme Court case ended legal segregation in public schools?

Brown v. Board of Education

Which of the following statements about affirmative action are accurate?

Correct Answer(s) Quotas for minority students are unconstitutional. Race may be factored into admissions decisions in a holistic way. Incorrect Answer(s) Affirmative action policies must survive intermediate scrutiny. Race may be used in a point system for admissions decisions.

Which of the following statements about the freedom of speech are accurate?

Correct Answer(s) courts are less likely to strike down highly specific speech restrictions the freedom of speech is nearly absolute courts are more likely to uphold neutral restrictions Incorrect Answer(s) the freedom of speech can be limited if it is insulting or hurtful

In the 1970s, the Supreme Court issued several rulings that had an important impact on the rights of Asian Americans. Which of the following topics did the Court rule on?

Correct Answer(s) literacy tests language of education Incorrect Answer(s) eligibility of immigrants for citizenship immigration standards

Which of the following are the three parts of the Lemon test?

Correct Answer(s) -Does the practice have a secular legislative purpose? -Does the practice foster an excessive government entanglement with religion? -Does the practice advance or inhibit religion? Incorrect Answer(s) -Does the practice favor or discriminate against any one religion?

Which of the following are cases that fall under the term "civil rights"?

Correct Answer(s) -a question of whether it is legal to exclude felons from voting -a question of whether a country club can deny access to women -a question of whether children of immigrants should attend public school Incorrect Answer(s) -a question of whether police can collect DNA from a suspect during booking

Which of the following situations are examples of libel?

Correct Answer(s) A newspaper falsely accuses a mayor of corruption with the intention of damaging his career. A magazine that wants to boost its circulation knowingly publishes an article making a false accusation about a senator running a gambling ring. Incorrect Answer(s)

Which of the following statements regarding the timeline of selective incorporation are accurate?

Correct Answer(s) Barron continued to restrict national influence on state laws well into the 1960s. In the nineteenth century, many states could pass laws that violated due process rights without violating the Constitution. Incorrect Answer(s) Due process rights were incorporated first, freedoms of expression came later. The catalyst for change in the process of selective incorporation was the passage of the Civil Rights Act.

What challenges did African Americans face after Brown v. Board of Education?

Correct Answer(s) De facto school segregation continued in the North and South. Housing remained racially segregated. African Americans still could not vote in many southern states. Incorrect Answer(s) Brown v. Board of Education ended discrimination against African Americans.

Which elements of the Constitution did the Supreme Court invoke to develop the right to privacy?

Correct Answer(s) Fifth Amendment First Amendment Third Amendment Fourth Amendment Incorrect Answer(s) Second Amendment Article II

What effects did the Americans with Disabilities Act (ADA) of 1990 have?

Correct Answer(s) It outlawed discrimination against individuals on the basis of disabilities. It called for making all public businesses accessible to those with disabilities. It called for employers to make reasonable accommodation for workers with disabilities. Incorrect Answer(s) It imposed quotas on the number of individuals with disabilities in a company.

How does the "wall of separation" apply to the establishment clause?

Correct Answer(s) The "wall of separation" refers to the dissociation between church and state. Incorrect Answer(s) The "wall of separation" separates the establishment clause from the free exercise clause. The "wall of separation" refers to a recent law that keeps religious individuals from persecuting nonreligious individuals. The "wall of separation" protects the rights of nonbelievers.

Why are the Miranda rights important?

Correct Answer(s) The Miranda rights notify citizens that they have protection from self-incrimination. The Miranda rights remind citizens that they can use a lawyer in their defense. The Miranda rights remind citizens that there are lawyers paid for by the government to work on their defense. Incorrect Answer(s) The Miranda rights remind citizens that due process of law makes evidence from illegal searches admissible in court.

Which of the following statements about the Fourteenth Amendment are accurate?

Correct Answer(s) The courts were initially unwilling to enforce its protections. The Fourteenth Amendment contains both civil liberties and civil rights protections. Incorrect Answer(s) The Supreme Court initially interpreted the Fourteenth Amendment to influence civil rights. Its effects on jurisprudence were not realized until after Shelby County v. Holder.

Which of the following statements about Title VII of the Civil Rights Act are accurate?

Correct Answer(s) The plaintiff must show that his or her hardship was the result of deliberate discrimination. Over time, the courts have been more restrictive in how they treat cases of employment discrimination. Incorrect Answer(s) Title VII of the Civil Rights Act was overturned by Ledbetter v. Goodyear. Title VII outlaws discrimination from public employers, not private employers.

What services and protections does the United States allow for unauthorized immigrants?

Correct Answer(s) access to education access to medical care Incorrect Answer(s) a path to citizenship Social Security Medicare

Which of the following methods were used in the Jim Crow South to disenfranchise black voters?

Correct Answer(s) making voters pass a literacy test introducing grandfather clauses instituting mandatory poll taxes Incorrect Answer(s) passing laws to prevent blacks from voting

Which religious practices has the Supreme Court found to violate the "wall of separation?"

Correct Answer(s) prayers before a public high school football game mandating the Bible be taught in a public school's American government course Incorrect Answer(s) beginning each session of Congress with a prayer printing "In God We Trust" on U.S. currency

Which of the following describes what has happened in recent years to the principle of free exercise?

Correct choice It has been strengthened by legislation and court decisions.

Civil liberties that affect due process and expression were incorporated through various Supreme Court cases over several decades. Indicate whether the following Supreme Court cases affected due process or expression.

due process Correct label: Miranda v. Arizona (1966) Correct label: Mapp v. Ohio (1961) Correct label: Gideon v. Wainwright (1963) expression Correct label: Gitlow v. New York (1925) Correct label: Near v. Minnesota (1931)

How have the following contributed to the civil rights of gays and lesbians?

repeal of "Don't ask, don't tell": allowed gay men and women to serve openly in the militarysupreme court ruling on the federal defense of marriage act: expanded recognition of same-sex marriageslawrence v. texas: extended right of privacy as related to intimate contact to gay men and lesbians

The Fourth Amendment protects citizens from unreasonable ______. It does this by guaranteeing citizens due process of law and by applying the _____ which makes evidence from illegal searches inadmissible.

searches and seizures exclusionary rule