044 - Chapter 44 - Civil Liberties in the U.S.

Which amendment made the Bill of Rights applicable to the states?

14th {Explanation - In the later 1800s, the Fourteenth Amendment, which incorporated our civil liberties found in the Bill of Rights to the states, was ratified. This meant individual states could not create laws that were against the Bill of Rights. It also extended the protections included within Bill of Rights to the citizens from the states.}

The Second Amendment was most recently interpreted in:

2010 {Explanation - The Second Amendment was most recently interpreted in 2010 during the McDonald v. Chicago case.}

Which of the following describes a law that does not violate the Establishment Clause?

A law requiring the state to provide textbooks to all students regardless of whether they attend a religious school or not {Explanation - Generally, a law or program that the government creates is acceptable under the Establishment Clause if it has a secular or non-religious purpose.}

Which of the following is a measure that the framers of the U.S. Constitution took in order to keep the Supreme Court unbiased?

A provision that justices salaries be set by statute. {Explanation - Judges' salaries are set by statute. This provision was made by the framers of the U.S. Constitution in order to remove bias that could occur if judges were influenced by politics.}

Our Bill of Rights evolved from laws in which country?

England {Explanation - In the late 1600s, England established something similar to our Bill of Rights. This included many of the civil liberties that we enjoy today - including the right of free speech and a form of the right to bear arms.}

Which case stated that amendments to the U.S. Constitution implied a right to privacy?

Griswold v. Connecticut {Explanation - In 1965 in Griswold v. Connecticut, the Supreme Court ruled that several amendments to the Bill of Rights imply a right to privacy.}

Brent is consulting with his attorney because he feels his First Amendment rights were recently infringed upon. Which of the following situations could Brent be referring to?

He was not allowed to speak at a city council hearing because of his controversial views {Explanation - The 1st Amendment is concerned with freedom of speech, press and assembly. It says that, 'Congress shall make no law..... abridging the freedom of speech, or of the press; or of the people peaceably to assemble, and to petition the government for a redress of grievances.'}

Who is protected by the right to keep and bear arms?

Individual citizens {Explanation - The right to keep and bear arms is defined as the right of the individual to use and buy a gun.}

Which of the following statements regarding the confrontation clause is FALSE?

It allows the defendant the right to always question his/her own witnesses {Explanation - It is about confronting the 'accuser'.}

Which of the following is true about the right to privacy?

It is constantly changing. {Explanation - The privacy rights of Americans continue to be interpreted by courts across the United States every day and is constantly changing.}

Which of the following describes a law that does NOT violate the Free Exercise Clause?

NOT: A law prohibiting polygamy {Explanation - Laws prohibiting polygamy are religiously neutral and apply across the board regardless of a citizen's religion.}

All of the following answer choices accurately describe the concept of freedom of the press EXCEPT:

NOT: Freedom of the press has not changed in context or content since it was first created {Explanation - The press typically has no greater freedom of speech than the general citizenry does, so these rights are nearly the same. The only difference is that the Freedom of the Press concept encompasses a few special issues that have arisen since the freedom was created.}

Privacy rights are specifically mentioned in the _____.

Nowhere in the Constitution {Explanation - Believe it or not, privacy rights are mentioned nowhere in the Constitution. The right of privacy is defined as an individual's legal right, not explicitly provided in the United States Constitution, to be left alone and live life free from unwarranted publicity.}

The right to keep and bear arms is included in which amendment to the U.S. Constitution?

Second {Explanation - The Second Amendment states, A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.}

What two clauses encompass the concept of separation of church and state?

The Establishment Clause and the Free Exercise Clause {Explanation - The separation of church and state is addressed in the Establishment Clause and the Free Exercise Clause of the First Amendment to the U.S. Constitution.}

If you were to write an essay on First Amendment protections, which of the following would be the BEST statement to include in your introduction?

The First Amendment protections for freedom of speech, press, and assembly are important in modern day society and have mostly remained unchanged. {Explanation - The first amendment protections for freedom of speech, press, and assembly have stood the test of time without major change in the United States, demonstrating their continued importance today.}

Which of the following interpreted the Second Amendment to apply to the states as well as the federal government in 2010?

The U.S. Supreme Court {Explanation - In the 2010 McDonald v. Chicago case, the U.S. Supreme Court held that The Fourteenth Amendment does, in fact, apply the Second Amendment to the states to the same extent that the Second Amendment applies to the federal government.}

Why did the framers of the U.S. Constitution include a provision making it difficult to remove a judge from his or her job?

The framers wanted the courts to have freedom from influence by politics. {Explanation - With regards to the judiciary, it was important to the framers of the Constitution that the courts have freedom from influence by other branches and politics. Therefore, it is difficult to remove a judge from his or her job and their salaries are set by statute.}

A criminal defendant cannot afford the services of an attorney nor act as her own legal counsel. What recourse does she have under her procedural rights?

The right to be represented by an attorney despite an inability to pay {Explanation - Exercising his right to an adequate attorney. Court pays.}

Why can a child pornographer be charged with a crime for distributing pornographic materials even though free speech is a guaranteed civil liberty under the U.S. Constitution?

There are certain types of speech that are not protected by civil liberty. {Explanation - The Supreme Court has decided that several types of speech are not protected as a civil liberty, such as child pornography, obscenity or fighting words.}

Why was freedom of religion so important to the original European settlers to the U.S.?

They had been persecuted religiously in their own countries. {Explanation - Nearly all early European settlers had been persecuted in their home countries for their religions.}

What was one of the reasons that the original British colonists left Europe for America?

They wanted the right to speak publicly and freely about their political opinions without fear of severe punishment {Explanation - British speech regulations were severe, and criticizing the government was a crime. Therefore, in their new home, the settlers wanted to be able to speak out publicly regarding their political opinions freely and without fear of retaliation.}

How does our freedom of assembly under the First Amendment relate to U.S. elections?

This protection entails the right to peacefully assemble to express opinions or political beliefs {Explanation - Most of our election laws fall under the freedom of assembly protection of the First Amendment, which protects the right to assemble to express opinions or political beliefs.}

Under the Sixth Amendment to the Constitution, the right to a speedy trial _____.

guarantees that the defendant has to be publicly tried without unnecessary delay {Explanation - No timeframe set. Trial must be set within a reason timeframe.}

The privacy right of marriage would not necessarily protect _____.

incarcerated criminals {Explanation - The privacy right of marriage may not protect incarcerated criminals because there are many penological interests that are at stake with a violent criminal getting married to another inmate or an average citizen while incarcerated. This would create safety issues related to a variety of things.}

With regard to civil liberty rights in modern society, the Supreme Court _____.

is continually analyzing and interpreting those rights. {Explanation - The Supreme Court is continually analyzing and interpreting our civil liberty rights in modern day society.}

The right to remain silent implies _____.

that the defendant is protected from testifying against himself {Explanation - Related to the Fifth Amendment to the Constitution. A defendant cannot be compelled to be witness against himself.}

A U.S. student who wanted to consult a document outlining our civil liberties would consult:

the Bill of Rights. {Explanation - Civil Liberties in the United States are outlined in the Bill of Rights, the first 10 amendments to the United States Constitution, and include the right to privacy, freedom of speech and the right to bear arms.}

The Supreme Court is charged with protecting our civil liberties via _____.

the Constitution. {Explanation - The Supreme Court is charged with protecting our civil liberties which are granted through the United States Constitution.}

The privacy right of abortion protects _____.

the woman and the fetus at different times {Explanation - The privacy right with regards to abortion has been divided up into a few different areas which protect the woman and the fetus at different times during the pregnancy.}