Ch 4 & Ch 5 Inquizitive (PSC 201)

Freedom of religion is one of several civil liberties protected in the first ten amendments to the Constitution, known as the -. The - Amendment specifically addresses religious freedom and freedom of speech.

-bill of rights -first

Basic political freedoms that protect citizens from governmental abuses of power are called -, while things the government must do to ensure that citizens are protected from discrimination are called -

-civil liberties -civil rights

The RFRA represents the struggle between the judicial and - branches over civil liberties, - the requirement of demonstrating a "compelling state interest" before limiting religious freedoms.

-legislative -creating

Civil Rights

-protect from discrimination -rooted in "equal protection" clause of 14th amendment

Order these forms of affirmative action from the most passive to the most active.

-recruit miniorities -use of race/gender as "plus factor" -use of racial or gender quotas

Place these major moments in the history of the civil rights movement in chronological order.

-seneca falls -rosa parks -MLK Stonewall REbeelion

Place these legal standards in order from the toughest to the most permissive.

-strict scrutiny -intermediate scrutiny -rational basis

How has the Supreme Court influenced the application of the Voting Rights Act in its recent decisions?

It removed the designation of jurisdictions that needed preclearance to change voting laws.

Why was a Bill of Rights added to the Constitution?

because Antifederalists demanded it for ratification of the Constitution

Basic political freedoms that protect citizens from governmental abuses of power are called ---------------, while things the government must do to ensure that citizens are protected from discrimination are called ---------------.

-civil liberties -civil rights

Which amendment to the Constitution allows the Supreme Court to selectively incorporate the other amendments so that they also apply to state governments?

14th

Civil Liberties ch 5

-a Court ruling that schools may not compel students to submit to a strip search during a drug test -Supreme Court ruling that the government cannot prevent someone from sending out pamphlets protesting a war

Civil Rights ch 5

-a government agency reviewing complaints about racial and gender discrimination by employers -a congressional act that made it easier for women to sue their employers for unequal pay

Civil Liberties

-basic freedoms -restricts what gov can do to you

Put these major moments from civil rights history in order from earliest to most recent.

-14 amendment -plessy v ferfuson -brown v board -voting rights act

According to the map provided, place the following abortion waiting periods in order from most to least common.

-24hr + waiting period -no mandatory waiting period -waiting period law blocked -less than 24 hour waiting period

The - determines whether the government is allowed to restrict material that it believes to be -

-Miller Test -Obscene

Put the items related to the evolution of privacy rights in order from oldest to most recent.

-SCOTUS ruled in favor of marital privacy in contraceptive use -SCOTUS expanded right to privacy regarding abortions -SCOTUS rules gays have right to privacy (something v texas)

Which amendment has been used to protect both civil liberties and civil rights?

14

Which amendment provides the most substantial grounding for modern civil rights legislation?

14

Which amendment specifies the right to bear arms?

2

Read the following instances of commercial speech, and select those that can be regulated by the state.

A city refuses to allow advertisements in the municipal softball fields. A juice company falsely claims that its product can cure cancer.

Which of the following statements about civil rights in the LGBTQ community are accurate?

A majority of citizens today support same-sex marriage. A majority of citizens today support the policy that gays may serve openly in the military. A minority of citizens supported same-sex marriage in 2009.

Which of the following situations are examples of libel?

A newspaper falsely accuses a local business owner of cheating on his taxes, with the intention of damaging his career. A magazine that wants to boost its circulation runs an article making a knowingly false accusation about a senator running a gambling ring.

How did the Civil War and Reconstruction affect the rights of blacks in the United States?

After the Civil War, three amendments to the Constitution expanded civil rights for African Americans. Once Reconstruction ended, however, Jim Crow laws severely restricted the rights of African Americans, with southern states taking the lead in segregating many public facilities.

Time, manner, and place restrictions in the regulation of freedom of __________ are allowable as long as they do not show favoritism towards certain groups.

Assembly

Which document is the legal foundation for the civil liberties of American citizens?

Bill of Rights

Which of the following statements best describes the research that has shown the relative levels of average income and accumulated wealth of black and Hispanic families compared to white families?

Black and Hispanic families make less on average than white families and have less accumulated wealth

Which case ended legal segregation in public schools?

Brown v Board of Education

How did each of the following contribute to the expansion of civil rights for African Americans in the United States?

Brown v. Board of Education- ended the era of "separate but equal" schools Fair Housing Act- allowed the government to initiate legal actions in cases of housing discrimination Fourteenth Amendment- guaranteed equal protection under the law Title VIII of the Civil Rights Act of 1964 - outlawed job discrimination based on gender.

Over the past 50 years, - has established restrictions on money in political campaigns, but - has reversed many of them. This is largely because political donations are considered a form of - speech.

Congress Supreme Court Protected

Which of the following best summarizes the Supreme Court's position on prayer in schools?

Court side against prayer in public schools w some exceptions

Which of the following are parts of the Lemon test?

Does the practice have a secular legislative purpose? Does the practice advance or inhibit religion? Does the practice foster an excessive government entanglement with religion?

State and federal gov

First Amendment Sixth Amendment

Which of the following amendments has the Supreme Court argued have elements of the right to privacy?

Fourth Third First Fifth Ninth

Right to privacy

Griswold v. Connecticut

Which of these cases dealt with a right to privacy?

Griswold v. Connecticut Roe v. Wade

What challenges did African Americans face after the Brown v. Board of Education decision in 1954?

Housing remained racially segregated. Employment discrimination against African Americans persisted. Many African Americans still could not exercise their right to vote.

Which of the following falls under the exclusionary rule?

Illegally or unconstitutionally acquired evidence cannot be used in a trial. Suspect confessions given without proper reading of Miranda rights cannot be used at trial.

Protected Speech

Inflammatory protestors picket at a military funeral A protestor burns the Texas state flag. A person protests outside a politician's funeral.

How have the following contributed to the civil rights of gays and lesbians?

Lawrence v Texas-extended right of privacy as related to intimate conduct to gay men and lesbians Repeal of Don't ask Don't tell - allowed gay men/women to serve openly in the military Supreme court ruling on Defense of Marriage Act-legalized same-sex marriages in all states Obergefell v. Hodge - legalized same sex marriage

Which statements about recent presidential administrations and civil rights are accurate?

Most recent presidents have added to diversity in presidential appointments. When presidents address civil rights, they tend to use the bully pulpit to promote racial interests.

Choose all of the following that contributed to the expansion of civil rights for African Americans after World War II.

NAACP lawyers won several important court cases. Congress made it illegal for states to force The Supreme Court became more supportive of civil rights. African Americans to use separate public facilities

This interest group has argued most strongly that the Second Amendment guarantees an individual the right to bear arms.

National Rife Association

Thirteenth Amendment

Outlawed slavery

Which of the following statements about selective incorporation are correct?

Selective incorporation has occurred in surges rather than smoothly or incrementally. Selective incorporation involves applying Bill of Rights protections to state governments.

Which of the following equal protection laws have had lasting influence on the expansion of civil rights?

Voting Rights Act of 1965 Civil Rights Act of 1964 Fair Housing Act of 1968

Which practices has the Court considered unacceptable, as they violate Fourth Amendment protections?

Placing GPS trackers on cars without a warrant Searching and seizing a cell phone during an arrest

How have affirmative action policies evolved over time?

President Johnson compels the federal civil service to hire minorities National gov makes affirmative action a priority under President Nixon Supreme Court begins moving toward "color blind" jurisprudence

Place the following affirmative action policy changes in chronological order.

President Lyndon Johnson promotes minority employment among the federal civil service. The federal government makes affirmative action a prominent goal. The Supreme Court subjects affirmative action policies to strict scrutiny.

Which of the following statements about civil liberties are correct?

Protections of civil liberties can vary depending on the political environment. The courts revisit old decisions on what behavior is permissible.

Which of the following are true about the use of race in drawing congressional district lines?

Race cannot be the predominant factor in drawing district lines. It can be difficult to determine whether districts are drawn for racial reasons or partisan reasons.

Although court rulings on affirmative action have left substantial grey areas, which of the following best summarizes the current legality of affirmative action in college and university admissions decisions?

Race may be one of several factors in a holistic approach to determining admissions.

How does the "wall of separation" apply to the establishment clause?

The "wall of separation" refers to the dissociation between church and state.

What factors led the Supreme Court to weaken affirmative action laws?

The Court decided that affirmative action policies must survive strict scrutiny. The Court ruled that states are allowed to make it illegal to consider race in admissions and hiring decisions

How does the Fourth Amendment protect citizens from the government?

The Fourth Amendment protects citizens from unreasonable searches and seizures by making illegally obtained evidence inadmissible in court.

Why are the Miranda rights important?

The Miranda rights remind citizens that they can use a lawyer in their defense. The Miranda rights remind citizens that there are lawyers paid for by the government to act on their defense. The Miranda rights notify citizens that they have protection from self-incrimination.

Which of the following statements about the death penalty are correct?

The Supreme Court has banned the death penalty. The Supreme Court has restricted the cases in which the death penalty can be applied. Death penalty usage and sentences have decreased over time.

Which of the following statements about President Donald Trump's travel ban are accurate?

The Trump administration had to revise the travel ban multiple times .#It took three drafts, and adjusting the affected countries each time, before the ban would be upheld by the courts. The courts recognized the president's power over immigration policy. The courts overturned early travel bans due to the president's previous political comments.

What component(s) must be met for speech to be regulated under the direct incitement test?

The speech is likely to produce a lawless action.

Imagine that you have been arrested for a speech criticizing the government. During which years, and at which levels of government, would this be an unconstitutional violation of your civil liberties?

The year is 1986, and you were arrested by the state government. The year is 1886, and you were arrested by the federal government. The year is 1986, and you were arrested by the federal government.

Federal Gov

Third Amendment Seventh Amendment

How did the Civil War amendments contribute to the expansion of civil rights?

Thirteenth - abolished slavery Fourteenth - Guaranteed equal protection of laws Fifteenth - Guaranteed voting rights for black men

Which confessions would be legally admissible today?

a confession made when the suspect and her attorney have agreed to a plea deal a confession made after the suspect has been informed of his right to silence

Which of the following forms of speech would be subject to the intermediate scrutiny standard?

a law forbidding all picketing in residential areas a law banning advertisements on public utility poles

Roe v. Wade was one of the most controversial court cases of the 1900s. It dealt with access to __________.

abortion

Basic political freedoms that protect citizens from governmental abuses of power are known as which of the following?

civil liberties

If someone printed a leaflet urging Americans to resist the military draft, this would violate which free speech test(s)?

clear and present danger test

What was the primary outcome of the Seneca Falls Convention?

convention called for women to have the right to vote

Although gay rights are often seen as a civil rights issue, how can they be considered a civil liberties issue as well?

court rulings have established broad privacy rights for sexual behavior

Segregation that exists because of circumstances that occur outside the law is called ____________ segregation.

de facto

Which clause in the Fourteenth Amendment applied the Bill of Rights to the states?

dual process clause

Discriminatory policies stopped after the Brown v. Board of Education decision overturned Plessy v. Ferguson.

false

Fighting words are protected under freedom of speech.

false

Most gun tragedies result in a shift toward more restrictive gun laws.

false

Restrictions in voting access, such as requirements to have a photo ID, provide proof of citizenship, or limit voting days and times, have the same impact on white and minority voters. Click or tap "True" or "False" to answer the question.

false

The Constitution explicitly states a right to privacy.

false

The largest single day of protest in U.S. history was during the civil rights era of the 1960s.

false

When the Supreme Court incorporates an amendment from the Bill of Rights and applies it to the states, all the protections from that amendment are then guaranteed by the states.

false

If we were to compare gun control laws across the country today relative to gun control laws across the country in 1987, what would we see?

fewer state-to-state difference today than in 1987

In an attempt to pay back their student loans just a bit faster, Mary and Bob commit identity theft and impersonate others so as to use their credit cards. The government prosecutes them but loses due to lack of evidence. After more evidence surfaces, the government attempts to prosecute Mary and Bob again. In doing so, it may be violating which amendment?

fifth

Which of the following is most likely to be a violation of the free exercise clause?

forcing gov employees to work on friday night or saturday if those are their days of worship

Which terms are associated with the freedom of religion?

free exercise clause establishment clause Lemon test

Which level of scrutiny makes it easiest for the government to discriminate against a subset of citizens?

rational basis test

Order these types of speech from most protected to least protected.

freedom of the press symbolic speech commercial speech fighting words

Fourteenth Amendment

gave due process and equal protection rights to citizens

Fifteenth Amendment

gave male former slaves the right to vote

Which of the following rights appeared in the original text of the Constitution, before the addition of the Bill of Rights?

guarantee of habeas corpus prohibition against ex post facto laws

Today, cases involving gender discrimination apply which level of legal scrutiny?

intermediate

Choose all of the following methods that were used in the Jim Crow South to try and disenfranchise black voters.

introducing grandfather clauses instituting mandatory poll taxes making voters pass a literacy test`

Which of the three branches of government is responsible for determining whether a government action violates civil liberties?

judicial

When it comes to the criminal justice system, whites are -likely than blacks to be convicted of the same crimes and serve - sentences once convicted.

less shorter

What does the term "environmental racism" mean?

minorities are more likely to live in places affected by pollution and toxic waste

Minorities, whether armed or unarmed, are - likely to be killed by police than are whites. Convictions for shootings by police are -.

more rare

Analyze the graphic on turnout in presidential elections by race, and then place the following demographic groups in order from highest turnout to lowest turnout, based on the 2016 election.

non-latino white black asian latino

As outlined in Martin Luther King Jr.'s "Letter from the Birmingham Jail," what was one of the key parts of civil rights protests in the South in the early 1960s?

nonviolence

De Jure

policies restricting who can sit where on a public bus laws mandating separate dining facilities for minorities

Analyze the following two images that illustrate U.S. Census data, and then pick the answer that best summarizes the geographic relationship between poverty and minority population.

poverty rate higher in areas that have higher concentrations of minorities

Imagine you are the editor at a major daily newspaper. The government finds out that you are about to run a story detailing sensitive government information, and so they sue you to prevent you from publishing it. The government is attempting to engage in which kind of censorship? Type an answer

prior restraint

The Court has traditionally - state aid for religious activities. In recent years, the Court has been -accommodationist toward allowing religious activity in public institutions.

prohibited more

The argument that women are too frail to serve on the front lines in the armed forces is a modern example of what idea?

protectionism

What is one of the key trade-offs in civil liberty cases?

public good vs individual freedom

Which First Amendment freedom has the Court said the government should avoid any "excessive entanglement" with?

religion

De Facto

schools where students are predominantly of one race because of who lives in the neighborhood segregation resulting from housing patterns

Choose all of the following situations in which evidence from a warrantless search would likely be permissible in court.

searching school lockers for stolen property if the police have probable cause using sobriety checkpoints that stop all drivers

The #MeToo movement is primarily concerned with issues around which issue?

sexual harassment

You have been accused of a crime but cannot afford an attorney on your own. Nevertheless, you are provided an attorney by the city. What amendment was foundational in giving you this right?

sixth

Why is the doctrine of strict scrutiny important to free speech?

strict scrutiny forces the government to prove a reason for restricting speech

Which of the following cases of discrimination would be subject to strict scrutiny?

the U.S. government ordering people of Japanese descent into internment camps a university using race as part of its holistic admissions procedures

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 did not deal with many gun control cases until the 21st century

How did Dred Scott v. Sanford influence civil rights in the United States?

the desciscion denied civil rights to all blacks

Intermediate scrutiny

the level of scrutiny used for cases that deal with gender-based discrimination claims

strict scrutiny

the level of scrutiny used for cases that deal with racially-based discrimination claims

rational basis

the lowest level of scrutiny applied by the courts

Which of the following protections are guaranteed by the Fifth Amendment?

the protection from self-incrimination the protection from double jeopardy the right to a grand jury`

What congressional action was foundational for barring sexual harassment in the workplace?

title VII of the Civli Rights Act of 1964

Selective incorporation was an uneven process that progressed in fits and starts.

true

Social movements represent attempts by people to leverage public opinion to change a political system from the outside.

true

The United States has passed laws that make it illegal to say anything that might challenge the government.

true

The government can forbid snake handling in fundamentalist Christian church services.

true

Which of the following tactics have depressed turnout among black and Hispanic voters over the previous fifteen years?

using voter challenges that target minority voters reducing the number of polling places in minority neighborhoods withholding voting information from black communities