Chapter 4. Civil Liberties

Match the following branches of government to their corresponding amendments, which serve as a check on their power. *First Amendment *Fifth, Sixth, Seventh, and Eighth Amendments *Second, Third, and Fourth Amendments -legislative -judicial -executive

First Amendment -Legislative Fifth, Sixth, Seventh, and Eighth Amendments -Judiciary Second, Third, and Fourth Amendments -Executive

Match each of the following First Amendment concepts to its meaning. *speech plus *public forum doctrine *prior restraint -protection of public spaces traditionally used for assembly -speech accompanied by actions such as protesting -government efforts to block the publication of material

speech plus -speech accompanied by actions such as protesting public forum doctrine -protection of public spaces traditionally used for assembly prior restraint -government efforts to block the publication of material

The Bill of Rights was adopted as part of the Constitution as a concession to which political faction? -Tories -Antifederalists -Whigs -Federalists

-Antifederalists

Fill in the - Freedom of religion is one of several civil liberties protected in the first ten amendments to the Constitution, the -. The -Amendment specifically addresses religious freedom and freedom of speech. -Articles of Confederation -Bill of Rights -First -Second -Fifth

-Bill of Rights -First

The right to privacy was formally established in which case? -Griswold v. Connecticut -Gideon v. Wainwright -Roe v. Wade -Mapp v. Ohio

-Griswold v. Connectiut

Place the following examples of speech into the correct category. -A protestor burns the Texas state flag. -A newspaper publishes detailed U.S. military positions during wartime. -Walter's Widgets, Inc. runs ads supporting a political candidate. -A person protests outside a politician's funeral. -A student violates a school's ban on wearing clothing advertising cigarettes.

Protected Speech -A protestor burns the Texas state flag. -A person protests outside a politician's funeral. -Walter's Widgets, Inc. runs ads supporting a political candidate. Unprotected Speech -A newspaper publishes detailed U.S. military positions during wartime. -A student violates a school's ban on wearing clothing advertising cigarettes.

Which case did the Supreme Court apply Second Amendment protections to the states? -Roe v. Wade -District of Columbia v. Heller -Mapp v. Ohio -McDonald v. Chicago

-McDoanld v. Chicago

Which case did the Supreme Court apply Second Amendment protections to the states? -District of Columbia v. Heller -McDonald v. Chicago -Mapp v. Ohio -Roe v. Wade

-McDonald v. Chicago

Fill in the - Watch the following animation, especially the map portion, and then complete the statement below. The highest rates of incarceration are found in the -, while the lowest rates are found in the -. -West -Northeast -Midwest -South

-South -Northeast

Which of the following best describes the Supreme Court's stance on public displays of religious symbols? -The Court has consistently ruled in favor of them. -The Court's rulings have been inconsistent. -The Court has consistently ruled against them. -The Court has never had a case about this topic.

-The Court's rulings have been inconsistent.

The right to bear arms is found in which amendment?

2

Which of the following are the three parts of the Lemon test? -Does the practice foster an excessive government entanglement with religion? -Does the practice have a secular legislative purpose? -Does the practice advance or inhibit religion? -Does the practice favor or discriminate against any one religion?

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

Which of the following falls under the exclusionary rule? -Each party to a lawsuit is allowed to veto the inclusion of a certain number of jury members. -The government cannot pass laws that unfairly exclude certain groups from political participation. -Illegally or unconstitutionally acquired evidence cannot be used in a trial. -Suspect confessions given without proper reading of the Miranda rights cannot be used at trial.

Correct answers -Illegally or unconstitutionally acquired evidence cannot be used in a trial. -Suspect confessions given without proper reading of the Miranda rights cannot be used at trial. Incorrect answers -Each party to a lawsuit is allowed to veto the inclusion of a certain number of jury members. -The government cannot pass laws that unfairly exclude certain groups from political participation.

T/F Fighting words are protected under freedom of speech.

False

T/F The Bill of Rights describes the civil rights afforded to all Americans.

False

T/F The Constitution does not provide a basis for a right to privacy.

False

T/F The Supreme Court has generally been consistent in its protection of the right to privacy.

False

In what ways is the Second Amendment different from the First Amendment? How are they similar? Drag each option to it's correct location on the Venn diagram. *First Amendment *Both *Second Amendment -protects individual freedom -allows for the freedom of speech -allows for the right to bear arms -reserves powers to the public -allows for the freedom of press -within the Bill of Rights -limits the government's power

First Amendment -Allows for the freedom of the press -protects individual freedom -Allows for the freedom of speech Both -limits the government's power -within the bill or rights -reserves powers to the public Second Amendment -allows for the right to bear arms

Watch the animation below, and then put these categories in order, from the group with the largest percentage of the U.S. population to the group with the smallest. -Christian Denominations -non-religious -other major world religions

-Christian Denominations -non-religious -other major world religions

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 Court has had a pretty consistent number of cases dealing with the Second Amendment since its adoption into the Constitution. -The Court was active in defining the Second Amendment before the Civil War. -The Court has yet to hear any cases related to the Second Amendment. -The Court did not deal with many such cases until the twenty-first century.

-The Court did not deal with many such cases until the twenty-first century.

Put the items related to the evolution of privacy rights in order from oldest to most recent. -The Supreme Court ruled that gays did not have a right to privacy. -The Supreme Court expanded the right to privacy with regard to abortions. -The Supreme Court ruled in favor of marital privacy. -The Supreme Court ruled that gays have a right to privacy.

-The Supreme Court ruled in favor of marital privacy. -The Supreme Court expanded the right to privacy with regard to abortions. -The Supreme Court ruled that gays did not have a right to privacy. -The Supreme Court ruled that gays have a right to privacy.

What role does the grand jury serve? -The grand jury helps the judge in dealing with objections. -The grand jury rules on the accused's guilt or innocence. -The grand jury is the first step in prosecution of criminal cases in all states. -The grand jury determines if satisfactory evidence is accessible to warrant a trial.

-The grand jury determines if satisfactory evidence is accessible to warrant a trial.

How has the government protected the right to privacy? -Various Supreme Court cases have recognized the right to privacy. -The government has never recognized the right to privacy. -The Supreme Court has generally limited the right to privacy. -The Constitution protects the right to privacy in the Bill of Rights.

-Various Supreme Court cases have recognized the right to privacy.

What case, which involved a refusal to stand for the Pledge of Allegience, established the precedent for the free exercise clause? -Van Orden v. Perry -West Virginia State Board of Education v. Barnette -State of Tennessee v. John Scopes -McCreary County v. ACLU of Kentucky

-West Virginia State Board of Education v. Barnette

Fill in the - Complete the following statement. 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. -free exercise clause -establishment clause -strict scrutiny standard -clear and present danger test

-establishment clause -free exercise clause

Fill in the - How does the Fifth Amendment affect U.S. citizens? The Fifth Amendment is similar to the -. Its goal is to protect citizens from unfair treatment by the government in criminal cases. It prevents citizens from being tried twice, which is also known as -. -Second Amendment -eminent domain -double jeopardy -Fourth Amendment -self-incrimination

-fourth amendment -double jepardy

Fill in the - How does the Fourth Amendment protect citizens from the government? 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. -inclusionary rule -self-incrimination -searches and seizures -exclusionary rule

-searches and seizures -exclusionary rule

How does the "wall of separation" apply to the establishment clause? A photo shows an Indiana license plate which has its background an American flag and the phrase -The "wall of separation" refers to the dissociation between church and state. -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. -The "wall of separation" separates the establishment clause from the free exercise clause.

Correct answers -The "wall of separation" refers to the dissociation between church and state. Incorrect answers -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. -The "wall of separation" separates the establishment clause from the free exercise clause.

How has the Supreme Court influenced privacy rights? -The Court's decision to uphold the right to die expanded privacy rights. -The Court expanded privacy rights when it ruled that women have a right to seek an abortion. -The Court expanded privacy rights when it ruled that people have "privacy in one's association." -The Court expanded privacy rights when it ruled that states cannot make homosexual conduct a crime.

Correct answers -The Court expanded privacy rights when it ruled that women have a right to seek an abortion. -The Court expanded privacy rights when it ruled that people have "privacy in one's association." -The Court expanded privacy rights when it ruled that states cannot make homosexual conduct a crime. Incorrect answers -The Court's decision to uphold the right to die expanded privacy rights.

Why are the Miranda rights important? -The Miranda rights remind citizens that due process of law makes evidence from illegal searches admissible in court. -The Miranda rights remind citizens that there are lawyers available who are paid for by the government to act on their defense. -The Miranda rights remind citizens that they can use a lawyer in their defense. -The Miranda rights notify citizens that they have protection from self-incrimination.

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

Why has the "stop and frisk" police tactic been a topic of controversy? -This tactic has been linked to racial profiling. -This tactic has become routine for some police departments. -This tactic has been used in many affluent areas, frustrating the upper class. -This tactic leaves a lot of discretion to a police officer to determine probable cause.

Correct answers -This tactic has been linked to racial profiling. -This tactic has become routine for some police departments. -This tactic leaves a lot of discretion to a police officer to determine probable cause. Incorrect answers -This tactic has been used in many affluent areas, frustrating the upper class.

Which of the following rights appeared in the original text of the Constitution, before the addition of the Bill of Rights? -right to protection against unreasonable searches -right to trial by jury in the state where a crime was committed -right to petition the government -right of habeas corpus

Correct answers -right of habeas corpus -right to trial by jury in the state where a crime was committed Incorrect answers -right to petition the government -right to protection against unreasonable searches

Match the amendment on the left with its purpose on the right. -Sixth Amendment -Fourth Amendment -Fifth Amendment -Eighth Amendment *protects citizens from being tortured or excessively threatened *protects citizens by giving the right to receive counsel for defense of a crime *protects citizens from being tried twice for the same alleged crime (double jeopardy) *protects against unreasonable searches and seizures

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