Unit 5: Civil Liberties and Civil Rights

The strict scrutiny test is linked to which Amendment to the Constitution? The 18th Amendment The 13th Amendment The 14th Amendment The 2nd Amendment

The 14th Amendment

Power of a government to take private property for public use.

Eminent domain

Lemon v. Kurtzman

Three tests are described for deciding whether the government is improperly involved with religion

Miller v. California

Holds that community standards determine what obscenity is

Gillette v. United States

Individual cannot use religion to get out of particular war, must be against all wars

District of Columbia v. Heller

Individuals have a right to own and possess firearms

_________ must sign search warrants in order for them to be legal

Judges

Civil ___________ are basically the requirements that the government perform some particular action on our behalf

rights

Civil ____________ are guarantees by the government that it will treat people equally

rights

_____________ refers to evidence obtained as a direct consequence of any materials found in an illegal search.

"The fruit of the poisonous tree"

Which rights, protected under the Bill of Rights, can be grouped together as "freedom of expression

"freedom of expression" are freedom of speech, freedom of press, and freedom of assembly

Plessy v. Ferguson

"separate but equal" doctrine supreme court upheld the constitutionally of jim crow laws

Furman v. Georgia

(1972) Death penalty is cruel and unusual if carried out in "an arbitrary, discriminatory, and capricious manner".

What did the Supreme Court rule regarding the American Flag in Texas v. Johnson? 1. Burning the American flag is a protected form of expression under the 1st Amendment. 2. Burning the American flag violates the US Constitution. 3. Burning the American flag can be banned by state and federal laws. 4. Burning the American flag is only permissible in government-designated areas.

1. Burning the American flag is a protected form of expression under the 1st Amendment.

Which one of these statements is true about civil liberties? 1. Civil liberties are important for protecting and defining our individual existence. 2. Civil liberties are absolutes. 3. Civil liberties are prescriptions for government behavior. 4. Civil liberties are reflections of our public existence.

1. Civil liberties are important for protecting and defining our individual existence.

Constitutional guarantee that everyone is treated equally-14th amendment 1. Equal Protection Clause 2. Establishment clause 3. Full Faith and Credit Clause 4. Privileges and immunities clause 5. The Free Exercise Clause

1. Equal Protection Clause

When is government involvement in religious practices allowed, according to the Lemon test (established in Lemon v. Kurtzman)? 1. Government involvement in religious practices is allowed when that involvement neither advances or inhibits religious practice. 2. Government involvement in religious practices is allowed when the government can continuously monitor the religious practices in question. 3. Government involvement in religious practices is allowed when the goal is to promote all religious practice which is valuable for the country. 4. Government involvement in religious practices is allowed when a consumer wants to return a product that does not work.

1. Government involvement in religious practices is allowed when that involvement neither advances or inhibits religious practice.

Why is habeas corpus such a big deal? 1. Habeas corpus guarantees our right to challenge our detention by government in a neutral venue. 2. Habeas corpus protects against the use of cruel and unusual punishment. 3. Habeas corpus protects our fundamental right to own firearms.

1. Habeas corpus guarantees our right to challenge our detention by government in a neutral venue.

What is a main element of the Establishment Clause of the First Amendment? 1. The Establishment Clause of the First Amendment stated that the national government is not permitted to provide support to any church school. 2. The Establishment Clause of the First Amendment stated that it is not possible to have prayers of any type at government functions. 3. The Establishment Clause of the First Amendment stated that atheism is not protected by the First Amendment. 4. The Establishment Clause of the First Amendment stated that states can provide financial support to selected churches.

1. The Establishment Clause of the First Amendment stated that the national government is not permitted to provide support to any church school.

Which of the following is true for strict and other types of scrutiny in regards to treating citizens differently? 1. The burden of proof is on government at all levels to demonstrate the need for the law or regulation 2. The strict scrutiny test is only applied to actions of the federal government and not the states 3. Only the actions of the President are subject to the scrutiny tests by the judiciary 4. Only state actions are subject to strict scrutiny

1. The burden of proof is on government at all levels to demonstrate the need for the law or regulation

The Establishment Clause creates what kind of limitations? 1. The national government cannot provide support for any church or religious tradition 2. The national government can only provide support for the majority religion 3. The national government is required to support atheist practices 4. The national government must provide equal support for all religious traditions

1. The national government cannot provide support for any church or religious tradition

Which of these applies to the restrictions for taking private property, imposed by the Fifth Amendment? 1. These restrictions serve to protect individual economic liberty. 2. These restrictions have been rendered meaningless as the power of the national government increases. 3. These restrictions assert the importance of the individual over the collective. 4. These restrictions limit the ability of the government to provide public goods, like roads.

1. These restrictions serve to protect individual economic liberty.

Which Supreme Court decision provided increased rights for students? 1. Tinker v. Des Moines Independent Community School District 2. Miller v. California 3. Hazelwood School District et al. v. Kuhlmeier et al 4. Texas v. Johnson

1. Tinker v. Des Moines Independent Community School District

In the Miller v. California case, the Supreme Court established the "Miller Test" for which of the following purposes? 1. To help determine whether something is obscene. 2. To help determine whether speech is slanderous. 3. To help determine whether speech is "political" in character. 4. To help determine whether speech creates in imminent danger.

1. To help determine whether something is obscene.

Of the choices below, which must occur before you can be tried on a criminal charge in a federal court? 1. You must be indicted by a federal grand jury. 2. The government must present sufficient evidence to convict you of the crime. 3. You have to be informed of the crime you're alleged to have committed. 4. There must be probable cause for the issuance of an arrest warrant.

1. You must be indicted by a federal grand jury. 3. You have to be informed of the crime you're alleged to have committed.

A law forbidding the blind to drive is what type of scrutiny 1. rational basis test 2. Intermediate scrutiny 3. Strict scrutiny

1. rational basis test

A standard developed by the courts to test the constitutionality of a law; when applied, a law is constitutional as long as it meets a reasonable government interest. 1. rational basis test 2. Intermediate scrutiny 3. Strict scrutiny

1. rational basis test

Dred Scott v. Sandford

1857 Supreme Court decision that stated that slaves were not citizens; that living in a free state or territory, even for many years, did not free slaves; and declared the Missouri Compromise unconstitutional

Schenck v. United States

1919--Case involving limits on free speech. Established the "clear and present danger" principle.

Cohen v. California

1st amendment denies government the power to prohibit speech just because it is "offensive"

A clause in the First Amendment that says the government may not establish an official religion. 1. Equal Protection Clause 2. Establishment clause 3. Full Faith and Credit Clause 4. Privileges and immunities clause 5. The Free Exercise Clause

2. Establishment clause

Discrimination that is based on gender or sex 1. rational basis test 2. Intermediate scrutiny 3. Strict scrutiny

2. Intermediate scrutiny

Which of the following would be likely to meet the rational legal basis doctrine? 1. Disqualifying individuals from public office for being atheists 2. Requiring students to meet a minimum score on a test for admission to a university 3. Only permitting men to fly combat aircraft in the military 4. Requiring a literacy test for voting

2. Requiring students to meet a minimum score on a test for admission to a university

What was the Supreme Court's ruling in Oregon HR v. Smith? 1. The Court upheld the right of members of Native American churches to ingest peyote. 2. The Court ruled that the two individuals were not required to receive unemployment benefits since they were fired for work-related reasons 3. The Court ruled that medicinal ingestion of peyote was permissible. 4. The Court ruled that the two individuals would be given their jobs back.

2. The Court ruled that the two individuals were not required to receive unemployment benefits since they were fired for work-related reasons

In Minersville School District v. Gobitis, why did the Supreme Court refuse to support freedom of religion? 1. The Supreme Court refused because the Court was willing to permit prayer in a public school. 2. The Supreme Court did not want to overturn local or state laws. 3. The Supreme Court did not regard the religious issue as being important. 4. The Supreme Court refused because the case involved a private school.

2. The Supreme Court did not want to overturn local or state laws.

What was the Supreme Court's ruling In Gillette v. United States, regarding conscientious objectors? 1. The decision did not allow conscientious objection for any reason. 2. The Supreme Court ruled that individuals had to object to service in all wars. 3. The decision allowed individuals to object to the Vietnam conflict. 4. The decision limited conscientious objection to religious beliefs.

2. The Supreme Court ruled that individuals had to object to service in all wars.

What does the rational basis legal doctrine permit the government to do? 1. The rational basis legal doctrine permits the government to pass any law that is based in common sense. 2. The rational basis legal doctrine permits the government to distinguish between groups if the distinction has a logical basis. 3. The rational basis legal doctrine permits rationalized discrimination against minorities. 4. The rational basis legal doctrine permits Congress to pass any law as long as a rational basis is presented for the action.

2. The rational basis legal doctrine permits the government to distinguish between groups if the distinction has a logical basis.

The requirement in Southern states that voters first pay a poll tax or else be denied the right to vote 1. Had little or no impact on voter turnout. 2. Was made unconstitutional with the Twenty-fourth Amendment. 3. Didn't violate the Fourteenth Amendment's equal protection clause because the amount was usually trivial. 4. Was slowly phased out during the Civil Rights Era.

2. Was made unconstitutional with the Twenty-fourth Amendment.

Why are school vouchers acceptable under the Lemon Test even if they are used for attendance at religious schools? 1. Because the Lemon Test excludes educational activity from its limitations 2. Because the financial support goes to all types of religious schools 3. Because they provide direct assistance to students and not to the schools 4. Because the financial support to religious schools is not great

3. Because they provide direct assistance to students and not to the schools

How do civil rights differ from civil liberties? 1. Civil rights are restrictions on government power, while civil liberties are requirements for government action. 2. Civil liberties are Constitutional while civil rights are statutory. 3. Civil rights are requirements for government action, while civil liberties are restrictions on government power. 4. The two don't really differ; civil rights and civil liberties are basically the same thing.

3. Civil rights are requirements for government action, while civil liberties are restrictions on government power.

According to the Supreme Court's ruling in Brandenberg v. Ohio, political speech can be restricted only if it does which of the following? 1. Advocates socialism and/or the overthrow of the U.S. Government. 2. Uses unnecessary obscenities to make its point. 3. Creates a danger of imminent lawless action. 4. Criticizes the President or other high-level government officials.

3. Creates a danger of imminent lawless action.

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state 1. Equal Protection Clause 2. Establishment clause 3. Full Faith and Credit Clause 4. Privileges and immunities clause 5. The Free Exercise Clause

3. Full Faith and Credit Clause

If a woman is denied the same educational opportunity as a man, what type of scrutiny would the courts use to evaluate this case? 1. The rational basis test 2. The courts would decide on the type of scrutiny based on the type of discrimination being imposed. 3. Intermediate scrutiny 4. Strict scrutiny

3. Intermediate scrutiny

Which of these does the right to a civil trial, provided by the Seventh Amendment, accomplish for Americans? 1. It offers us a fair chance to defend ourselves from charges of criminal wrong doing. 2. It sets standards that are too high for most people to qualify. 3. It allows for a neutral venue for the settlement of personal disputes. 4. It gives a geographic bias to the settlement of issues.

3. It allows for a neutral venue for the settlement of personal disputes.

The Supreme Court decision in which of the following cases ruled that states may not interfere with gun ownership relative to self-defense? 1. Tinker v. Desmoines 2. Marbury v. Madison 3. McDonald v. City of Chicago 4. Miller v. California

3. McDonald v. City of Chicago

Which form of political speech and expression has received the most protection in judicial decisions? 1. Commercial speech 2. Libel and slander 3. Political speech in all forms 4. Artistic expression is more important than protection against obscenity.

3. Political speech in all forms

A fundamental constitutional right is infringed upon, such as the freedom of speech or religion 1. rational basis test 2. Intermediate scrutiny 3. Strict scrutiny

3. Strict scrutiny

What does the test established in Lemon v Kurtzman (the Lemon Test) require? 1. That the national government does not interfere with freedom of speech 2. That no interference with freedom of assembly is possible 3. That governmental actions that affect religious practices have a primarily secular (nonreligious) purpose 4. That the government does not prohibit religious practices

3. That governmental actions that affect religious practices have a primarily secular (nonreligious) purpose

What is permitted by the free exercise of religion clause in the First Amendment? 1. The First Amendment says that the government can prohibit "exotic" religions. 2. The First Amendment says that individuals cannot use religious beliefs in order to avoid serving in the military. 3. The First Amendment says that the government can not suppress religious beliefs or practices. 4. The First Amendment says that the government can force students to recite the Pledge of Allegiance.

3. The First Amendment says that the government can not suppress religious beliefs or practices.

What is included in the "Miller standard" for obscenity, developed in the Miller v. California case? 1. The Miller standard created a national definition of obscenity. 2. The Miller standard allowed local governments to define obscenity. 3. The Miller standard includes whether the material appeals to negative attitudes, as defined by community standards. 4. The Miller standard includes that all nudity is prohibited.

3. The Miller standard includes whether the material appeals to negative attitudes, as defined by community standards.

Why did the defendant charged with burning an American flag have his conviction overturned? 1. Since he burned his own flag, he could not be convicted. 2. Only the national government could ban flag burning, not a state such as Texas. 3. The Supreme Court ruled that flag burning was protected symbolic speech. 4. The original trial introduced illegally obtained evidence.

3. The Supreme Court ruled that flag burning was protected symbolic speech.

Which of these is an exception to the idea that evidence illegally obtained cannot be used in a criminal trial? 1. Police have information from an informant. 2. The evidence involves multiple murders. 3. The authorities would inevitably have discovered the evidence through some legal means. 4. The evidence involves national security.

3. The authorities would inevitably have discovered the evidence through some legal means.

What does the strict scrutiny test require? 1. The strict scrutiny test requires that the person or group raising a discriminatory issue prove their case beyond a reasonable doubt. 2. The strict scrutiny test requires that no law or regulation can make use of race or ethnic origin. 3. The strict scrutiny test requires that the government prove there is a compelling reason for a racial, gender, or ethnic distinction. 4. The strict scrutiny test requires that the government law or regulation is a reasonable way of achieving a policy goal.

3. The strict scrutiny test requires that the government prove there is a compelling reason for a racial, gender, or ethnic distinction.

You're suspected of having committed an armed robbery at a convenience store. When you're taken into custody shortly thereafter, the weapon used isn't on your person. Can the police question you about the weapon before telling you your Miranda rights? 1. Yes, because the Miranda warning isn't required until you are transported to a police station. 2. No, because you are entitled to speak to an attorney before being questioned. 3. Yes, if the police believe the weapon might pose a threat to innocent people. 4. No, unless you waive your right to remain silent.

3. Yes, if the police believe the weapon might pose a threat to innocent people.

Which of these cases supported the free exercise of religion? 1. Minersville School District v. Gobitis 2. Lemon v. Kurtzman 3. Oregon HR v. Smith 4. Burwell v. Hobby Lobby

4. Burwell v. Hobby Lobby

What basic freedom was given more protection by the decision in Cohen v. California? 1. Freedom of assembly gained protection from Cohen v. California. 2. Freedom of the press gained protection from Cohen v. California. 3. Artistic freedom and the use of obscenities gained protection from Cohen v. California. 4. Freedom of speech and expression gained protection from Cohen v. California.

4. Freedom of speech and expression gained protection from Cohen v. California.

What is an established church under the First Amendment? 1. One that was officially recognized by the Founding Fathers 2. One that has a hierarchy of clergy 3. One that was present when the Constitution was written 4. One that is supported by tax funds

4. One that is supported by tax funds

States are prohibited from discriminating against out-of-state residents 1. Equal Protection Clause 2. Establishment clause 3. Full Faith and Credit Clause 4. Privileges and immunities clause 5. The Free Exercise Clause

4. Privileges and immunities clause

Why did the Supreme Court ruling in Sherbert v. Verner, which led to the Sherbert test, make it difficult for the national government or states to interfere with religious practices? 1. The Court ruled that interfering with religious practices would be considered an establishment of religion. 2. The ruling required that the national or state action had to be effective in achieving any government goal. 3. The Court ruled that the First Amendment prevented any government restriction on religious practices. 4. The Court ruling made it very difficult for state and national laws to meet the requirements of a compelling interest that could not be met any other way.

4. The Court ruling made it very difficult for state and national laws to meet the requirements of a compelling interest that could not be met any other way.

What was the main point of Obergefell v. Hodges? 1. The main point was that businesses could not be forced to serve customers that they disliked. 2. The main point was that religious beliefs always have a higher priority than the equal protection of citizens. 3. The main point was that polygamy was illegal. 4. The main point was that same-sex marriages had to be recognized as valid by all the states.

4. The main point was that same-sex marriages had to be recognized as valid by all the states.

What are the Third Amendment's quartering-of-troops provisions taken to imply? 1. These provisions imply that we have a collective responsibility for the defense of the nation. 2. These provisions imply that Americans are supportive of their troops. 3. These provisions imply that there is a need for a national standing army rather than a collection of state militias. 4. These provisions imply that the framers considered our homes to be off-limits from government intrusion.

4. These provisions imply that the framers considered our homes to be off-limits from government intrusion.

What issue did Burwell v. Hobby Lobby address? 1. This case addressed whether a company would be forced to participate in healthcare coverage (Obamacare). 2. This case addressed whether companies could refuse to provide medical assistance for contraception or abortion. 3. This case addressed whether a company had to provide maternity leave under Obamacare. 4. This case addressed whether owners in companies would be required to provide free contraception if they had religious objections.

4. This case addressed whether owners in companies would be required to provide free contraception if they had religious objections. The ruling supported the religious rights of individual owners

A First Amendment provision that prohibits the government from interfering with the practice of religion. 1. Equal Protection Clause 2. Establishment clause 3. Full Faith and Credit Clause 4. Privileges and immunities clause 5. The Free Exercise Clause

5. The Free Exercise Clause

The Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Establishment Clause

A clause in the First Amendment that says the government may not establish an official religion.

Oregon v. Smith

Banned the use of illegal drugs in religious ceremonies. Ruled that the government can act when religious practices violate criminal laws.

WV State Board of Education v. Barnette

Can't force pledge

Individuals who claim the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion

Conscientious objectors

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Equal Protection Clause

Constitutional guarantee that everyone be treated equally-14th amendment

Habeas Corpus

Constitutional protection against unlawful imprisonment

Segregation resulting from economic or social conditions or personal choice.

De Facto segregation

Minor vs Happersett

Decided that the Fourteenth Amendment's Equal Protection Clause didn't apply to the right of women to vote.

Weeks v. United States

Established the exclusionary rule in federal cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in court.

Mapp v. Ohio

Evidence illegally gathered by the police may not be used in a criminal trial

Texas v. Johnson

Flag burning is protected by the First Amendment

What Constitutional principle did West Virginia v. Barnette uphold, in the decision of the Supreme Court? Prevention of the establishment of religion Freedom of press Freedom of speech Freedom of religion

Freedom of speech

Jim Crow Laws

Laws designed to enforce segregation of blacks from whites

What is necessary to get a legal search warrant, according to the Fourth Amendment?

Probable cause

Brandenberg v. Ohio

Speech that endorses "lawless action" cannot be punished unless such an action is "imminent"

Priveleges and immunities clause

States are prohibited from discriminating against out-of-state residents

Obergefell v. Hodges

States obligated to recognize same-sex marriage from other states.

Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

What is the "exclusionary rule"?

The exclusionary rule excludes illegally obtained evidence from being used in a criminal trial.

Minersville School District v. Gobitis

Two children were expelled for not saluting the American flag at school due to being Jehovah's Witnesses. Result: SC ruled that the salute does not infringe on liberties protected by the 1st and 14th. National unity. - in the state's interest

Something the government is obligated to provide, like equal treatment, a fair trial, or the ability to vote

civil rights

A law that prohibits the use of illegally obtained evidence in a criminal trial.

exclusionary rule

Burwell v. Hobby Lobby

exemptions for 'closely held' corporations regarding denial of health coverage for contraception The ruling supported the religious rights of individual owners

Brandenburg v. Ohio

extended freedom of speech to new limits. Threats of a KKK leader were deemed ok b/c of a failure to prove a real danger from them. Declared that speech is protected unless proven that actions directly incited the action

Seventh Amendment applies only to the __________ courts

federal

Choosing who you want to marry is a civil _________

liberty

Defining who we want to be is a civil _________

liberty

If you believe that the government is supposed to leave you alone, then it's a ___________ right or liberty

liberty

Religion is a type of a civil _________

liberty

Gray v. Sanders

one person, one vote

If you believe that the government is supposed to be doing something, then it's a __________ right or liberty

right

The right to vote is an example of a civil __________

right

Voting is a civil __________ because it often requires that the government acts to ensure those eligible to vote have an equal opportunity to do so

right

Civil ___________ are an expression of the government's responsibilities to us individually

rights

Sherbert v. Verner

the Supreme Court ruled that disqualifying Sherbert, a Seventh-Day Adventist, from receiving unemployment benefits violated the free-exercise clause