Chapter 9 Civil Liberties
Equal Protection clause
14th amendment, 1868, provides "nor shall any state... deny to any person within its jurisdiction the equal protection of the laws."
Brown v. Board of Education
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. 9:0 For brown
Voting Rights Act of 1965
1965; invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks; as more blacks became politically active and elected black representatives, it brought jobs, contracts, and facilities and services for the black community, encouraging greater social equality and decreasing the wealth and education gap
Strict Scrutiny
A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal
Title IX
A United States law enacted on June 23, 1972 that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
The free exercise clause is best defined as which of the following?
A provision of the first amendment that prohibits the government from interfering with someone's ability to practice their religion
9th Amendment
Citizens entitled to rights not listed in the Constitution
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
DOMA
Defense of marriage act define marriage at the national level and declared that states did not have to accept same sex marriages recognized in other states
majority-minority districts
Drawing district boundaries to give a minority group a majority
4th Amendment
Freedom from unreasonable searches and seizures
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
Lemon Test (Lemon v. Kurtzman)
Have a secular purpose that neither endorses nor disapproves of religion Have effects that neither advances nor prohibits religion Avoid creating a relationship between religion and government that entangles either in the internal affairs of the other.
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
What was a reason for why the Framers decided to include a bill of rights?
It was specifically designed to protect individual liberties and rights from a strong central government
8th Amendment
No cruel or unusual punishment
3rd Amendment
No quartering of soldiers
What is obscenity/obscene material? What is the Miller test in relation to obscenity's definition?
Obscene material is adult and inappropriate material, can also be defined by the Miller test: The average person applying contemporary community standards finds it appeals the prurient interest It depicts, in an offensive way, sexual conduct specifically defined by state law. It lacks serious literary, artistic, political, or scientific value
What is the Time, Place, and Manner Test?
Regulation of where and when expression is made as opposed to what is said. First Amendment doctrine is more tolerant of time, place and manner restriction than of content regulations. The restriction must be content-neutral. It must not suppress the content of the expression. The restriction must serve a significant government interest. EX: O'Brien case ruled that the burning of a draft card was disrupting the government's interest of raising an army. The restriction must be narrowly tailored. The law must be designed to the most specific, targeted way possible, avoiding spillover into other areas. There must be adequate alternative ways of expression. The court can suppress expression on the basis of time place and manner if there are other times, places, and manners in which the idea can be expressed. (Tinker v. Des Moines independent community school district)
2nd Amendment
Right to bear arms
7th Amendment
Right to jury in civil trials.
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process
In 1961, students who attended public schools in Pennsylvania were required to read at least ten verses from the Bible. After students finished reading the readings, school officials required that all students recite the Lord's Prayer. In 1963, the Supreme Court heard the case and ruled that the readings and recitations violated a provision of the First Amendment. Which of the following constitutional clauses does this case have in common with Engel v. Vitale (1962)?
The establishment clause
In 2006, the Supreme Court heard a case about a state banning a substance used during religious ceremonies. The state banned the substance because it contained a drug prohibited by the Controlled Substances Act. But the religious organization, O Centro Espirita Beneficiente Uniao de Vegetal (UDV) said the government was interfering with religious practices by banning the use of the substance. The Supreme Court agreed and ruled that the government did not prove a compelling interest in regulating the UDV's use of drugs for religious ceremonies. Which of the following constitutional clauses does this case have in common with Wisconsin v. Yoder (1972)?
The free exercise clause
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Affirmative actions
The practice or policy favoring individuals belonging to groups known to have been discriminated against previously
selective incorporation
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
What is the reasonableness standard in determining the constitutionality of an action? Give an example of how it may be used.
The reasonableness standard test asks whether the decisions made had a legitimate reason for doing so and if it is reasonable when it comes to the treatment of different classes (race, gender). The Reasonableness Standard is below the levels of strict scrutiny and intermediate scrutiny; it is the easiest to determine. An example of reasonableness is to require men and not women for the draft.
6th Amendment
The right to a Speedy Trial by jury, representation by an attorney for an accused person
15th Amendment (1870)
U.S. cannot prevent a person from voting because of race, color, or creed
Which of the following scenarios is an example of how a state can reasonably restrict speech protected under the First Amendment?
a group of protesters is arrested after staging a sit-in on the governor's front lawn to protest a voter ID law. (time, place, and manner)
Based on previous rulings, which of the following scenarios would most likely violate the freedom of speech clause of the First Amendment?
a man is charged with a crime for displaying an american flag with a taped peace symbol on it spence v. washington
white primary
a primary in which only white men could vote
Based on previous rulings, which of the following scenarios would most likely violate the freedom of speech clause of the First Amendment?
a public school district bans students from wearing t shirts supporting presidential candidates before election
13th Amendment
abolished slavery
Substantive due process
addresses the essence of law- whether the point of the law violates a basic right to life, liberty, or property. Places substantive limits on what laws can actually be created Right to privacy (Griswold v. Connecticut and Roe v. Wade)
Procedural due process
addresses the manner in which the law is carried out. Search and seizure Exclusionary rule: evidence the gov't finds or takes in violation of the fourth amendment can be excluded from the trial. Law enforcement can still conduct searches without warrants, but they must have a probable cause Procedural and the rights of the accused: Self incrimination "You have the right to remain silent..." Right to counsel Public safety exception Death penalty
Mcdonald v. Chicago
court ruled that an individual's rights to own a gun is protected against infringement by state and local governments
disenfranchise
depriving someone of the right to vote
1963 Equal Pay Act
equal pay for equal work
ERA
equal rights amendment guarantee equal legal rights for all american citizens regardless of sex, seeks to end the legal distinctions between men and women in terms of divorce, property, employment, and other matters
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 state of the school day
civil rights act of 1875
made it illegal for privately owned places of public accommodation to make distinctions between black and white patrons
Twenty-fourth Amendment
outlawed poll taxes
"Don't ask, Don't tell"
prevented military from asking about the private sexual status of its personnel but also prevented gays and lesbians from acknowledging or revealing it
Equal Protection Clause
prohibited state governments from denying persons within their jurisdiction equal protection of the laws
establishment clause
prohibits the fed government from making an official american religion
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)?
reporting on a protest calling for the end military involvement in south korea
What is an accurate comparison of civil liberties and civil rights?
right to a fair court trial and freedom from racial discrimination
The character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." Justice Oliver Wendell Holmes Jr. Supporters of Justice Holmes's argument could point to which of the following cases?
schenck v. US
Rights not yet incorporated
third amendment (quartering troops), Fifth Amendment (right to grand jury indictment in misdemeanor cases), seventh amendment (right to jury trials in civil cases), eighth amendment (protection against excessive bail).