edpuzzles
Which amendment does Craig think might be the most important of all amendments?
14th
The "high tide" of Judicial Activism was between the 1950's and the _______.
1970s
Which amendment protects free speech and freedom of religion liberties?
1st
Which amendment protects your right to free speech, to practice your religious beliefs, to assemble (protest), to petition (complain about a problem to the government and expect it to solve the problem), and freedom of the press?
1st Amendment
Which amendment declares that we have the right to bear arms (guns), but does not specify who that includes?
2nd Amendment
In Mapp v. Ohio, the Supreme Court ruled that courts cannot use evidence seized in an illegal search. Which Amendment to the US Constitution did this extend to the states?
4th Amendment
Which title makes it illegal to practice sex discrimination in employment?
7
Which amendment protects you from cruel and unusual punishments from the government (but not from your mom, sorry...)
8th Amendment
Which things were reduced by the Judicial Restraint court of Rhenquist?
Affirmative Action, Desegregation, Civil Rights
What should you ask the police if they say they want to ask you some questions?
Am I under arrest?
Why doesn't the Court use Strict Scrutiny involving laws that target women, the same way they use that standard to evaluate laws that target specific racial, national, and religious groups?
Because women are not a minority in society
Because of the 14th amendment, what part of the Constitution now applies to BOTH the national AND state governments?
Bill of Rights
Where can we find our civil liberties??
Bill of Rights
What is Judicial Restraint?
Changes should be incremental.
Citizens' __________is/ are found in the 4th, 5th, and 6th amendments.
Civil Liberties
Protection against the GOVERNMENT making a law that would make it crime to say "the President is bad at presidenting" would be a an example of:
Civil Liberty This is a civil liberty because it is limiting something the government is doing rather than something that the majority is doing.
What are the TWO things Craig is discussing and does NOT want us to mix up?
Civil Rights Civil Liberties
Which federal law is most responsible for the rules against sex discrimination?
Civil Rights Act of 1964
Courts are not supposed to overturn the decisons of a democratically-elected ____________ in order to make policy.
Congress
Why is a Supreme Court Justice influenced by the opinions of Congress?
Congress can pass a new law to go around the court's decision.
What is "Originalism"?
Decisions should be made in light of the Constitution the was it was written in 1787.
What is the first step of the Strict scrutiny test?
Determine if a protected liberty is denied.
Which Supreme Court case determined that prayer in school violated religious freedom?
Engel v. Vitale
True or False: The Brown v. Board of Education case was so famous because it applied all five levels of the Strict Scrutiny test.
False
How did Schenck violate the Espionage Act?
He encouraged American citizens to resist the draft during WWI, which posed a threat to national security
What type of scrutiny does the Court typically use in cases of sex discrimination?
Intermediate
Why is selective incorporation important?
It extends the civil liberties provided in the US Bill of Rights to state governments.
If the Supreme Court applies strict scrutiny when reviewing a law or executive order, what is the outcome likely to be?
It will be ruled unconstitutional
Which of the following Supreme Court decisions upheld the federal government's right to hold Japanese-Americans in internment camps during World War II?
Korematsu v. US
What is the big problem with enforcing "equal treatment under the law"?
Most discrimination happens in private institutions (not government employment)
The president during the Pentagon papers case.....
Nixon
In which Supreme Court decision was the "separate but equal" doctrine established?
Plessy v. Ferguson
This landmark federal law, one of the most important ever passed, outlawed discrimination based on what?
Religion Sex Ethnicity Race
The reason that Brown won the case had everything to do with....
Sociology
Which Justice was appointed by a Republican but liked by Democrats?
Souter
What is the highest level of scrutiny?
Strict
What does "entanglement" mean in the context of the Lemon test?
That the government would have to supervise the school so much to make sure they weren't teaching too much religion.
What is the name of the three-pronged test used by the courts to determine if there is too much entanglement between church and state?
The Lemon Test
What does "selective incorporation" mean?
The Supreme Court applies the civil liberties of the Bill of Rights against the states on a case by case basis.
What is Judicial Activism?
The court should be an instrument of policy.
If you think you've been discriminated against at work, what is the first thing you have to prove about the discrimination in order for the federal law to be of use to you?
The discrimination was based on your membership in a protected class
When a federal court or Supreme Court employs strict scrutiny, which of the following bears a heavy burden to prove whether the law or government action is allowable?
The federal government
Why does your right to a lawyer only apply to felony cases.
They can result in the loss of liberty.
Why would a lower federal judge make rulings that the President likes?
They want to be on the Supreme Court and the President picks the Justices.
Which of the following is NOT covered under symbolic speech? Yelling fire into a crowded room when there is no fire. Wearing an armband in protest. Burning the U.S. flag Wearing a T-shirt with a political message.
Yelling fire into a crowded room when there is no fire.
What looks at the evidence and decides whether or not there is enough evidence to bring you to trial?
a grand jury
One benefit to a free press is political accountability engaging citizens in representative democracy encouraging government transparancy All of the answers are correct
all answers are correct
Which definition best defines "jurisprudence"?
all of the cases about a specific legal topic
In Gitlow vs New York, the Supreme Court ruled that state governments can't violate freedom of speech. Which states did this affect?
all of the states
The fear and/or threat of legal action against the press
can establish a form of censorship through the chilling effect
The opposite of press freedom is
censorship
evidence found without a warrant is not admissible in court
cops likely pulled you over for speeding, which is a crime
Freedom of the press is typically associated with which political system?
democracy
Police can administer a breatholizer test to measure blood alcohol level only if _____?
do not profile who they stop to test
No state can deprive a person of life, liberty, or property without _______________________.
due process of law
Civil rights protections come from the _____ clause of the _____ amendment?
equal protection/14th
What are the two main clauses of freedom of religion?
establishment clause free exercise clause
In the case of Mapp v. Ohio, the Supreme Court ruled:
evidence found without a warrant is not admissible in court
Freedom of speech rules are the same for both government workers and people who work in private industry. (true/false)
false
The "free exercise" clause of the 1st Amendment means that any religious practice must be legal and allowed?
false
True or False: Our civil rights are fixed and cannot change over time.
false
True or False: The police always need a search warrant to conduct a search.
false
ORIGINALLY, the bill of rights only protected us from which level of government?
federal (national)
The specific constitutional issue behind the Supreme Court case, New York Times v. the United States was
freedom of the press
The 4th amendment protections apply only to searches by
government agents
Freedom of the press in America
has some legal restrictions
Legal attempt to block the publication of news....
injunction
If the government wants to take your property, what do they have to give you?
just compensation
Legally, publishing deliberate untruths.....
libel
What is political ideology?
liberal or conservative
What are protected classes of people also called?
minorities
An example of legal press censorship.......
national security
Are fighting words considered freedom of speech?
no
Can a person be denied Equal Protection of the law?
no
It is always easy for public officials/celebrities to prevail in libel lawsuits. (no/yes)
no
When someone "plead's the fifth," what do they asking for?
no self incrimination
What historical things can constrain the choices the Justices make?
precedent and stare decisis
Anti-government speeches are almost always protected by the courts because of _________.
preferred position
Preventing the publication of news...
prior restraint
To obtain a search warrant, what do the police have to be able to show a judge?
probable cause
Limits on HOW the government does this are called what type of liberties?
procedural
When courts determine whether a search is "reasonable," they balance:
public safety with personal privacy FYI: This trade off of limiting one's rights to ensure safety is called "The Social Contract".
What do the police have to have before they can search you or your property?
search warrant
You have the right to a __________ and ___________ trial.
speedy and public
Who did the founders expect to be the main defenders of civil liberties?
state governments
Limits on WHAT the government can do are called what kinds of liberties?
substantive
What are the two basic types of due process?
substantive and procedural
Which of the following is NOT a limit on the freedom of speech against the government? the expression of free speech encourages peaceful protests there is an imminent danger posed by the expression of free speech the expression of free speech incites violence
the expression of free speech encourages peaceful protests
Which part of the Lemon test did both the Pennsylvania and Rhode Island school policies fail?
the law created a lot of entanglement between church and state
Even hate speech is considered freedom of speech and is protected by the First Amendment (true/false)
true
The "free excercise" clause of the 1st Amendment means that the government cannot stop citizens from practicing any particular religion.
true
The primary purpose of the 1st Amendment's protection of free speech is to enable citizens to criticize the government without fear that the government will penalize them. (true/false)
true
When does the Supreme Court use the rational basis of scrutiny?
when the civil rights of non-protected groups may have been violated
Freedom of the Press is specifically found
within the 1st Amendment
What is the largest group that receive protection from discrimination?
women
According to the three-pronged "Lemon" test, is having a moment of silence legal in the public school?
yes
Can the state bring you to trial again if there is a mistrial?
yes
Can you force witnesses to come and help you win a trial?
yes
Which protection is told to you by the police because of Miranda v Arizona?
you can remain silent
The basic, fundamental, essential concept of democracy.....
your voice your vote use it:}
