that funny moment when you you....

Exclusionary Rule

: The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment, as ruled in Mapp v. Ohio.

"[I]t has already been incontrovertibly shown that on the present occasion a bill of rights was totally unnecessary, and that it might be accompanied with some inconveniency and danger if there was any defect in the attempt to enumerate the privileges of the people. This system proposes a union of thirteen sovereign and independent states in order to give dignity and energy to the transaction of their common concerns. It would be idle, therefore to countenance the idea that any other powers were delegated to the general government than those specified in the Constitution itself." Justice Thomas McKean at the Pennsylvania State Convention to ratify the Constitution, edited by John Back McMaster and Frederick D. Stone, 1788 Which of the following best summarizes the author's argument?

A Bill of Rights would potentially give the federal government more power than is explicitly stated in the Constitution Justice McKean's point is that adding a Bill of Rights would give the federal government more power because it would delegate the federal government powers that are not included the Constitution.

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law. self-incrimination.

Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as an establishment clause case?

A courthouse prominently displays the Ten Commandments The establishment clause prevents the government from endorsing religious teachings with no secular purpose.

Which of the following scenarios would be an example of a violation of one of the civil liberties protected by the Bill of Rights?

A federal court refuses to provide a lawyer for a defendant who cannot afford one The Sixth Amendment protects the right to legal counsel.

Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as a symbolic speech case?

A man who was arrested for waving a Nazi flag at a rally Forms of nonverbal speech, like flag waving, are considered "symbolic speech."

Affirmative action is best defined as which of the following?

A policy benefiting those who tend to suffer from discrimination or are members of a historically disadvantaged group The definition of affirmative action covers government programs and policies designed to benefit members of groups historically subject to discrimination.

Minority Rights

A principle of traditional democratic theory that guarantees rights to those who do not belong to majorities.

The establishment clause is best defined as which of the following?

A provision of the First Amendment which prohibits the federal government from making an official American religion The free establishment clause states that "Congress shall pass no law respecting an establishment of religion. . . ." This means that the free establishment clause protects people from a state-sponsored religion.

Based on previous rulings, which of the following scenarios would most likely violate the freedom of speech clause of the First Amendment? Choose 1 answer:

A public school district bans students from wearing t-shirts supporting presidential candidates before an election Wearing political t-shirts is a form of symbolic speech. The Supreme Court case Tinker v. Des Moines (1969) ruled that symbolic speech is protected by the First Amendment.

Based on previous rulings, the Supreme Court is likely to view which of the following as a free exercise clause case?

A public school prevents Muslim students from wearing headscarves This scenario is an example of a case that the Supreme Court would likely view as a free exercise clause case, since the school is preventing a students from exercising their religion.

Which of the following scenarios would be considered a violation of the equal protection clause of the Fourteenth Amendment?

A university establishes race-based quotas in their admission policy The Court has established in several cases that race-based quotas violate the equal protection clause because it disadvantages students of a particular race.

Which of the following actions by a news organization would most likely be protected from prior restraint based on the precedent established by New York Times Co. v. United States (1971)?

Broadcasting a televised report that analyzes classified information about government surveillance of other countries New York Times Co. v. United States bolstered the freedom of the press by establishing a "heavy presumption against prior restraint," or government censorship before publication. This scenario would not be considered a valid justification for using prior restraint, provided the information was true and did not directly harm anyone.

Schenck v. US (1919)

Developed "Clear and Present Danger Test" which gave more power to gov. to restrict speech. Ruled that Schenck's pamphlets were not protected under the first amendment as it caused a "Danger" that Congress had a right to prevent.

Civil liberties

Freedoms that protect citizens, opinions, and property against government abuse of power Civil liberties are best described as constitutionally-established guarantees and freedoms that protect citizens from government interference. Examples of civil liberties protected in the Bill of Rights are freedom of speech, the right to trial by jury, and protection from unreasonable search and seizure.

"In the Bill of Rights for this Commonwealth it is declared that the happiness of the people & the Preservation of civil government depend upon the piety religion & morality & that the people have a right to invest their Legislature with power to require that provision be made for the public worship of God & the support of protestant teachers & require the attendance of people upon such worship instructions. . . . We must insist that the Continental Constitution contain a Bill of Rights which by Express shall secure to us our privileges especially our religion." Daniel Adams, at a town meeting in Townshend, Massachusetts, 1787 Based on the text, which of the following statements would the author most likely agree with?

Individual liberties must be secured against governmental intrusions by specific language in foundational documents Daniel Adams is advocating for adding a bill of rights to the US Constitution. He argues that the Constitution needs to protect individual liberties from government interference.

Which statement accurately summarizes the impact of the New York Times Co. v. United States (1971) decision?

It limited the federal government's power to censor free speech or the publication of classified information The Court ruled in New York Times Co. v. United States (1971) that the Nixon Administration had failed to justify "prior restraint" and could not block the publication of the "Pentagon Papers."

Which of the following statements best explains how the Court's ruling in Engel v. Vitale (1962) changed the balance between governmental power and individual liberty?

It limited the power of state governments by striking down a school policy that required the reading of a prayer at the start of the school day The Court ruled in Engel v. Vitale that school sponsorship of religious activities violates the establishment clause. This shows a limitation on state power to allow schools to start the day with a nondenominational prayer.

"Letter from a Birmingham Jail," 1963

King's speaks eloquently about the obligation of the individual to pursue civil disobedience against the state when he feels laws are unjust. Waiting and hoping for change are fruitless and immoral responses to injustice.

"The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008) People who disagree with Stevens's view on the rights protected under the Second Amendment could cite which of the following Supreme Court cases to support their argument?

McDonald v. Chicago (2010) Nice work! In McDonald v. Chicago (2010), the Court ruled that an individual's right to own a gun is protected against infringement by state and local governments.

"In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government." -Justice Hugo Black Supporters of Black's view that "only a free and unrestrained press can effectively expose deception in government" could point to which of the following cases?

New York Times Co. v. United States (1971) In this case, the Court ruled that the newspaper had the right to publish excerpts from a top-secret document concerning the Vietnam War.

Fourth Amendment

No "unreasonable" searches and seizures without a warrant or probable cause that a search will produce evidence of a crime;

Sixth Amendment

Persons accused of a crime are guaranteed a speedy and public trial, by an impartial jury. -accused must be informed of the charges. -witnesses against must publicly confront them.

Civil RIghts

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.

Eigth Amendment

Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment

First Amendment

Protects freedom of speech, religion, and the press, as well as the right to assemble and petition.

Engel v. Vitale (1962)

Struck down state-sponsored prayer in public schools. Ruled that the Regents' prayer was an unconstitutional violation of the Establishment Clause.

Tinker v. Des Moines (1969)

Students suspended for wearing armbands to protest Vietnam War. Court said school was violating student's free speech, and that public school students don't shed their constitutional rights when they go to school.

Voting Rights Act of 1965

Suspended literacy tests, empowered federal officials to register voters, empowered federal officials to ensure that citizens could vote, empowered federal officials to count ballots, prohibited states from changing voting procedures without federal permission.

McDonald v. Chicago

The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v.

WI. v. Yoder (1972)

The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the 8th grade because it would violate long-held religious beliefs.

Which of the following scenarios is an example of how the federal government can restrict protected speech under the First Amendment?

The Federal Communications Commission (FCC) makes a rule requiring television networks to use an automated beep when a vulgar word is said on broadcast television The Supreme Court has held that the government can regulate defamatory, offensive, and obscene statements and gestures, including indecent language.

In recent years the Supreme Court has applied the decision across all states that individuals have the right to possess a firearm in the home for self-defense. Which of the following is a reason for this?

The Fourteenth Amendment applies the Second Amendment to the states In District of Columbia v. Heller (2008), the Court held that the District of Columbia could not ban the registration of handguns or require weapons to be nonfunctional in the home. Later in McDonald v. Chicago (2010), the Court upheld the decision in District of Columbia v. Heller (2008) and also decided that the Second Amendment applied to the states. This is called selective incorporation.

Bill of Rights

The first 10 amendments the the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights.

Affirmative Action

The requirement, imposed by law or administrative regulation, that an organization (business firm, government agency, labor union, school, or college) take positive steps to increase the number or proportion of women, African Americans, or other minorities in its membership.

Right to Privacy

The right to a private personal life free from the intrusion of government

Second Amendment

The right to bear arms.

Which of the following civil liberties is protected under the Second Amendment?

The right to own a firearm (gun).

Civil Rights Act of 1964

This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.

Fourteenth Amendment

This amendment declared that all persons born or naturalized in the United States were entitled equal rights regardless of their race, and that their rights were protected at both the state and national levels.

Selective Incorporation

a constitutional doctrine that ensures that states cannot create laws that infringe or take away the constitutional rights of citizens. The part of the constitution that provides for selective incorporation is the 14th Amendment.

N.O.W.

a leading feminist organization; National Organization of Women (1966) wanted Equal Employment Opportunity Commission (EEOC) to enforce its legal mandate to end sex discrimination

Brown v. Board of Education (1954)

landmark Supreme Court case that overturned the doctrine of separate but equal. In a unanimous ruling the Supreme Court ruled that segrEgation of public schools was unconstitutional, thus beginning the integration of public schools.

Roe v. Wade (1973)

the Court ruled that a woman's decision to have an abortion in the first trimester of pregnancy fell under the right of privacy and thus was protected by the Constitution. The Court did permit limits on abortion in the second and third trimesters of pregnancy.

NY Times v. US (1971)

the Supreme Court held that the government must meet a heavy burden of justification before it can restrain the press from exercising its First Amendment right to publish.

U.S. v. Lopez (1995)

the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones.

Gideon v. Wainwright (1963)

the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves.

Title IX

this law prohibits gender discrimination in educational activities at any institution receiving federal funds. Most commonly known for its effect on athletics, but it prohibits all types of gender discrimination in education.