AP Gov-Chapter 7+8--> Civil Liberties and Civil Rights

Which of the following reflects the Supreme Court decision in Roe v. Wade (1973) ? a) It ruled that the state had an overarching right to prohibit women of all ages from having abortions anytime during their pregnancies. b) It ruled that the state had a justifiable interest to legalize abortion c) It ruled that a woman's right to an abortion was a privacy right incorporated to all of the states. d) It ruled that the case was moot, as Roe's pregnancy had ended by the time the case came up for review.

C

What case applied for a writ of certiorari?

Gideon v. Wainwright

Schenck v. US (1919)

Helped establish that limitation on speech that poses a "clear and present danger" (ex. Shouting fire in a crowded theater) may be warranted during wartime. The "clear and present danger" test isn't used much by the courts anymore

Libel (written defamation) & slander (verbal defamation)

Invasion of privacy rights. Where you make false statements that damage someone. Not protected by the first amendment

The fifth amendment

Provides that the Federal government cannot deprive any person of "life, liberty, or property"

What is the most recent incorporated right?

Second amendment

Obscene speech

Speech that (1) appeals to the prurient interest, (2) depicts sexual conduct in a patently offensive way, and (3) lacks serious literary, artistic, political, or scientific value.

selective incorporation theory

The Bill of Rights now applies to the states. 14th amendment- No state shall make any law which shall abridge the privileges and immunities of citizens

McDonald v. Chicago (2010)

The Second Amendment right to keep and bear arms for self-defense is applicable to the states

In McDonald v. Chicago (2010), the court rules that the right to defend oneself is __________________

"fundamental to the nation's scheme of ordered liberty"

The Warren Court (1953-1969)

-Appointed by Eisenhower in 1953 -Legacy= activist, liberal court, that upheld individual rights of minorities and rights of accused

Bill of rights incorporated

1st, 2nd, 4th, 5th(no self-incrimination, no double jeopardy), 6th, 8th

Bill of rights not incorporated

3rd, 5th (grand jury), 7th

Which of the following is true about the right of free speech, as currently interpreted by the Supreme Court? a) It protects the right to express opinions even without the actual use of words. b) It protects the use of language deemed obscene by the courts. c) It allows citizens to disobey laws that they believe to be unjust. d) It is protected from infringement by the federal government but not from infringement by state governments. e) It cannot be limited in any manner.

A

Second Amendment

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.

Grisworld v Connecticut and Roe v. Wade are similar Supreme Court cases in that both cases are based on the a) rights of gay me and lesbian women b) right of privacy c) right to an abortion d) right to freedom from cruel and unusual punishment e) right of women to equal protection before the law

B

The Supreme Court ruled in McDonald v. Chicago that a citizen's right to keep and bear arms at home for self-defense is protected form state and federal infringement. Which of the following is most relevant to that decision? a) full faith and credit b) selective incorporation c) equal protection d) eminent domain

B

With the variety of religious denominations and religions represented at a public high school, the administration has decided to ban students from wearing any religious symbols or garth that reflect a particular religious faith. Which of the following would be the best legal advice for school administration? a) This is a sound policy because of the decision in Engel v. Vitale b) This is an unsound policy based on the Constitution's free exercise clause unless the practice causes disruption c) This is an unsound policy because of the decision in Wisconsin v. Yonder d) This is an unsound policy based on the Constitution's reserved powers clause

B

Which of the following constitutional clauses was most relevant in the Supreme Court case Roe v. Wade? a) commerce clause b) free exercise clause c) due process clause d) equal protection clause

C

Which of the following is an accurate comparison of rights protected and not protected by the first amendment? a) Protected: Libel/slander Not protected: Fighting words b) Protected: Freedom of religion Not protected: Freedom of assembly c)Protected: the right to burn a flag Not protected: Obscenity d) Protected: Online newspapers Not protected: The right of a student to pray in school

C

Which of the following principles protects a citizen from imprisonment without trial? a) Representative government b) Separation of powers c) Due process d) Checks and balances e) Popular sovereignty

C

A public school district implemented a policy that allowed students to vote on whether they wanted a student-led prayer to be read at football games. This policy was later found to be unconstitutional by the US Supreme Court. Which of the following clauses did the policy most likely violate? a) The interstate commerce clause b) The free exercise clause c) The supremacy clause d) The establishment clause

D

Religious Freedom Restoration Acts (RFRAs)

Federal or state laws that hold that federal or state laws cannot substantially burden someone's free exercise of religion unless there is a "compelling interest".

How did Mapp v . Ohio (1961) "nationalize" or "incorporate" the 4th amendment?

Map was a woman who had her house illegally searched. The police found porn and arrested her for it. The 4th amendment says you can't search a home without a probable cause. Mapp= Exclusionary rule. All states had to follow it.

The Bill of Rights originally applied only to __________ government

National

District of Columbia v. Heller (2008)

Ruled the 2nd Amendment protects an individual's right to possess a firearm for lawful, private use (Roberts Court)

Barron v. Baltimore (1833)

The Supreme Court ruled that the due process clause of the Fifth Amendment did not apply to the actions of states. This decision limited the Bill of Rights to the actions of Congress alone. The bill of rights does not apply to the states

The incorporation of the bill of rights

The Supreme Court uses the bill of rights in the due process clause of the fourteenth amendment and uses it in state and local governments

The National Rifle Association (NRA)

This interest group has been successful in defeating many attempt at gun control-- they claim gun restrictions are an unconstitutional violation of the 2nd amendment

Morse v. Frederick (2007)

Upholds the authority of public school administrators to suspend students for promoting illegal drugs at a school event (Bong Hits for Jesus) It does not violate his free-speech

Civil Liberties

constitutional protections against the actions of the government. Many are found in the Bill of Rights

Some parts of the bill of rights are still not incorporated into the ___________

fourteenth amendment

prior restraint

government censorship of information before it is published or broadcast. Usually not constitutional, with two possible exceptions: If military/ security reasons & if a high school newspaper

Fourteenth Amendment (1868)

granted citizenship to any person born or naturalized in the United States; this amendment protects citizens from abuses by state governments, and ensures due process and equal protection of the law. "Nor shall any state deprive any person of life, liberty, or property, without due process of law"

Miranda Rights/Warning

rights guaranteed by the Constitution that police must tell arrestees about, especially the right to remain silent and the right to an attorney

Gideon v. Wainwright (1965)

6th Amendment rights of the accused-they have the right to an attorney if they can't pay for one. Gideon was arrested for breaking and entering but couldn't afford an attorney, he asked for one and Florida said no because he wasn't being charged with a federal crime, supreme court voted in favor of Gideon because of the due process clause in the 14th amendment. He asked them to "soak up" the 6th amend. and get a new trial, with an attorney Decision: All citizens accused of serious crimes must have access to proper legal advice

According to the clear and present danger test, speech may be restricted a) when it incites a violent action b) when it lacks a political purpose c) whenever the US is at war d) if it is deemed offensive to religious organizations e) if the writer or speaker is not a citizen of the US

A

In which of the following situations would the Supreme Court be most likely to utilize the doctrine of selective incorporation? a) When an individual claims that a right protected by the Bill of rights is infringed upon by a state b) when there is a conflict among the branches of the national government c) when a federal policy shifting oversight authority from a national agency to a state agency is challenged d) when a former employee files a wrongful termination claim against a company headquartered in another state

A

Supporters of Hamilton's view that a bill of rights could be dangerous to liberty could point to which of the following cases? a) Schenck v. United States. (1919) b) Engel v. Vitale (1962) c) New York Times Co. v. United States (1971) d) Tinker v. Des Moines (1965)

A

The "Miranda warning" represents an attempt to protect criminal suspects against a) unfair police interrogation b) biased jury selection c) imprisonment without trial d) illegal wiretapping e) unjustified police surveillance

A

The 1973 Roe v. Wade decision that upheld a woman's right to secure an abortion was based on the right to a) privacy implied in the Bill of Rights b) equality guaranteed by the Fourteenth and Fifteenth amendments c) due process of law enumerated in the Fifth and Sixth amendments d) adequate medical care implied in the Preamble to the Constitution e) life, liberty, and the pursuit of happiness enumerated in the Declaration of Independence

A

The Supreme Court established the incorporation doctrine when the Court a) interpreted the Fourteenth Amendment as extending most of the requirements of the Bill of Rights to the states as well as the federal government b) interpreted the Ninth Amendment as requiring national health and worker-safety standards to protect the individual's implied right of personal safety c) stripped the armed forces of their discretionary powers regarding military service for gay men, lesbians, and married people d) strengthened local police forces by granting them the power to investigate and prosecute federal offenses e) granted the federal government the power to declare acts of Congress unconstitutional

A

Which of the following rulings is most likely to cite the Supreme Court's decision in Tinker v. Des Moines as a legal precedent in support of the decision? a) a ruling in favor of students to print their opinions in a school newspaper b) a ruling against a public school's practice of having prayer at school assemblies c) a ruling supporting the creation of gun-free zones in public schools d) a ruling enforcing mandatory vaccinations for all children before attending school

A

Actual malice

A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth.

writ of certiorari

A formal writ used to bring a case before the Supreme Court to be more certain

fourtheenth amendment

Applies to states. "Nor shall any state deprive any person of life, liberty, or property, without due process of law." "nor (shall any state) deny any person within its jurisdiction the equal protection of the law."

Griswold v. Connecticut (1965)

At issue was an 1879 Connecticut law prohibiting the aiding, abetting, counseling or use of birth control, even by married couples. Supreme Court decision in which the Court ruled that the Constitution implicitly guarantees citizens' right to privacy.

A woman is arrested for possessing illegal substances that were obtained after a warrantless search of her home by local police. Which of the following best explains whether the evidence could be used in a criminal trial? a) The due process rights of the 5th amendment require that the evidence be reviewed by the prosecution before being admitted as evidence in court b) The exclusionary rule, derived from the 4th amendment, prevents the evidence from being used against the suspects c) since the evidence obtained suggests illegal activity, the evidence may be used against the defendant in a criminal trial d) if the case is in the state court system, the evidence can be used against the defendant

B

In Engel v. Vitale (1962), which of the following provides the legal reasoning behind the Supreme Court's ruling? a) It ruled that the state had an overarching right to compel students to listen to a nondenominational prayer led by public school teachers, finding such action permissible under the Tenth Amendment. b) It ruled that the state had no justifiable interest to compel students to listen to a nondenominational prayer led by public school teachers, finding a clear establishment clause violation. c) It balanced the school's interest in providing for an open and peaceful frame of mind for the school day with the interest of the students in not being subjected to the prayer, ultimately ruling for the state. d) It rejected the student complaint, as public school students have no free exercise rights in school.

B

In McDonald v. Chicago (2010), the United States Supreme Court stated that, "[s]elf-defense is a basic right, recognized by many legal systems from ancient times to the present day" and that an individual's right to bear arms was "deeply rooted in this Nation's history and tradition."The quote points to which of the following amendments to the United States Constitution as a basis to limit state action? a) The 1st amendment b) the 2nd amendment c) the 3rd amendment d) the 4th amendment

B

In McDonald v. Chicago (2010), the United States Supreme Court stated, "that the [Constitution] protects the right to possess a handgun in the home for the purpose of self-defense" and that the Second Amendment applied to the states through which of the following constitutional clauses? a) The due process clause of the Fifth Amendment b) The due process clause of the Fourteenth Amendment c) The equal protection clause of the Fifth Amendment d) The equal protection clause of the Fourteenth Amendment

B

In the majority opinion of a United States Supreme Court case, Justice Alito wrote, "we now turn directly to the question whether the...right to keep and bear arms is incorporated in the concept of due process. In answering that question, . . . we must decide whether the right to keep and bear arms is fundamental to our scheme of ordered liberty." Which Supreme Court case is most aligned with Justice Alito's reasoning to treat gun ownership for self-defense as a fundamental liberty? a) United States v. Lopez (1995) b) McDonald v. Chicago (2010) c) Baker v. Carr (1962) d) McCulloch v. Maryland (1819)

B

To which level of government did the Bill of Rights originally apply? a) State governments only b) Federal government only c) State and federal governments only d) Local and federal governments only e) Local, state, and federal governments

B

Which of the constitutional provisions is at issues in Schenck v. US? a) the necessary and proper clause in article 1 b) 1st amendment free speech and free press rights c) congress' power to declare war in Article 1 d) 14th amendment due process clause

B

Which of the following amendments to the Constitution most likely provides the basis for a driver to challenge the constitutionality of police use of sobriety checkpoints in enforcing drunk driving laws? a) The First Amendment right to petition the government for a redress of grievances b) The Fourth Amendment protection against unreasonable search and seizure c) The Fifth Amendment protection against self-incrimination d) The Eighth Amendment protection against cruel and unusual punishment e) The Tenth Amendment right of states to powers not given to the national government

B

Which of the following best defines civil liberties? a) The freedom to refuse to obey laws an individual considers to be immoral violations of civil rights b) Provisions in the Bill of Rights that provide guarantees against arbitrary interference by government c) Precedents pertaining to criminal procedure that are set by the Supreme Court that are upheld in the lower courts d) Those features of the Fourteenth and Fifteenth Amendments to the Constitution that pertain to the actions of individuals and groups e) Laws passed by Congress to define the powers and privileges of individuals

B

Which of the following is a principle underlying the Bill of Rights? a) The people should control all aspects of governance. b) Some rights are fundamental and should not be subject to majoritarian control. c) The legislature should be the most powerful branch of government. d) All people should be guaranteed the same rights, whether they are citizens or not. e) It is groups rather than individuals that have fundamental rights and immunities.

B

The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to a) expand presidential power b) restrict the application of judicial review c) make most rights contained in the Bill of Rights applicable to the states d) prevent states from taxing agencies of the federal government e) limit the use of the legislative veto

C

The Washington post receives a top secret report that details how the executive branch mishandled a deal made with a foreign nation regarding nuclear weapons. The executive branch attempts to stop the publishing of the report, but the publishers cite the precedent in New York Time Co. v. US establishing which of the following legal rules? a) the application of strict scrutiny b) the exclusionary rule for evidence c) the heavy presumption against prior restraint d) time, place, and manner restrictions

C

The establishment clause in the First Amendment does which of the following? a) Guarantees freedom of speech to all citizens. b) Prevents prior restraint of the press. c) Prohibits the setting up of a state church. d) Defines the concept of dual citizenship. e) Allows citizens to enter freely into contracts with other citizens.

C

The federal Constitution guarantees all of the following rights to a person arrested and charged with a serious crime EXCEPT the right to a) remain silent b) be represented by a lawyer c) negotiate a plea bargain d) demand a writ of habeas corpus e) receive a speedy and public trial

C

The free-exercise clause protects a) the president from forcibly revealing private conversations with staff b) individuals who, for religious reasons, refuse to pay Social Security taxes c) voluntary prayer by student groups before school d) a person's right to burn the American flag e) a person's right to practice polygamy

C

Which of the following Supreme Court decisions allows public school students to wear T-shirts protesting a school board decision that eliminates funding for high school arts programs? a) Engel v. Vitale (1962) b) Wisconsin v. Yoder (1972) c) Tinker v. Des Moines Independent Community School District (1969) d) New York Times Co. v. United States (1971)

C

Which of the following illustrates a situation that would that would not be protected by the 1st amendment due to time, place, and manner restrictions? a) A student is expelled from school for wearing a black t-shirt expressing opposition to a law recently passed by the state legislature b) An organization regarded as a hate group is not able to obtain a permit to march through a major city because of its message c) Antibusiness protestors are arrested and prosecuted for shutting down major intersections in New York City's Times Square during rush hour d) An independent political advocacy organization is prevented by the federal communications commission from running political ads on television

C

Which of the following scenarios illustrates an action that would be protected by the free exercise clause in the First amendment? a) a student wears a t-shirt to public school portraying an illegal substance b) a person legally purchases a firearm for the purpose of self-defense c) a person wears a necklace bearing a christian cross to work d) a state mandates the reading of a prayer at the beginning of the school day

C

Which of the following scenarios, related to the first amendment, best illustrates the "right... to petition the government..."? a) a newspaper prints an editorial supporting executive action by the president b) a student sues a public school that institutes a mandatory prayer ceremony c) a citizen calls a member of Congress to persuade her to vote yes on a bill d) a religious group practices a religious ritual that is in conflict with a local law

C

In Gideon v. Wainwright, the US Supreme Court ruled that the a) Bible could be distributed at public schools under the free exercise clause of the 1st amendment b) Exclusionary rule prevented the introduction of evidence seized in violation of the fourth amendment from being introduced in court c) Eminent domain clause of the 5th amendment prevents government from taking religious property for public purpose d) 6th amendment right-to-counsel provision applies to those accused of major crimes under state laws e) eight amendment cruel-and-unusual-punishment provision cannot be applied in a discriminatory manner

D

The Supreme Court has ruled which of the following concerning the death penalty? a) A state may not impose the death penalty on a noncitizen. b) Lethal injection is the only constitutionally acceptable method of execution. c) Females may not be executed. d) The death penalty is not necessarily cruel and unusual punishment. e) The death penalty violates the Fifth Amendment of the Constitution.

D

The clear-and-present danger test devised by the Supreme Court was designed to define the conditions under which public authorities could a) ban obscene materials b) suspend habeas corpus protections c) mobilize the National Guard d) limit free speech e) commit troops to situations of potential foreign combat

D

Those who disagree with the views in the majority opinion in Schenck would likely celebrate the shaping of the constitution in which free-speech ruling? a) Tinker v. des moines b) Engel v. vitale c) US v. Lopez d) New York times co. v. US

D

What was the effect of the opinion in Schenck v. US? a) people can say or express anything as long as the nation is not at war b) during wartime, no person can criticize the US government c) free speech in the US was expanded d) as long as speech does not present a clear and present danger, it is allowed

D

Which of the following actions by public school students would most likely be protected symbolic speech based on the precedent established by Tinker v. Des Moines independent community school district (1969)? a) Leading prayers over the school's public address system b) Publishing an editorial in the school newspaper c) Protesting a school board decision by disrupting a school assembly d) wearing t-shirts objecting to a school board decision

D

Which of the following cases decided whether a state could compel children to attend school beyond eighth grade even if it violated the students' sincerely held religious beliefs? a) US v. Lopez b) Brown v. Board of Education c) Tinker v. Des Moines d) Wisconsin v. Yoder

D

Which of the following cases examined a state law that required all children to attend school through the twelfth grade in order to promote the general welfare of its citizens? a) Engel v. Vitale (1962) b) Marbury v. Madison (1803) c) Tinker v. Des Moines Independent School District (1969) d) Wisconsin v. Yoder (1972)

D

Most of the individual protections of the Bill of rights now apply to the states because of the Supreme Court's interpretation of the constitution's a) preamble b) necessary and proper clause c) supremacy clause d) tenth amendment e) Fourteenth amendment

E

Bill of rights only protects you from the __________ government, not _______ government

Federal State

Burwell v. Hobby Lobby (2014)

The Supreme Court held that the owners could deny contraceptive coverage--required under the federal Affordable Care Act (Obamacare)--to employees because of the owners' religious beliefs (owners were Christians and objected to contraceptives).

The first amendment

we get five of our most basic civil liberties/freedoms from this amendment: religion, speech, press, assembly and petition