exam 2
The Constitution acquired civil liberties protections through three specific steps. Identify these steps and explain the effect of each
1) Bill of rights: protected some of our basic freedoms such as the right to bear arms, the right to freedom of speech, and the right to a trial by jury. Basically, the Bill of Rights puts a limit on the government's power toward its citizens. 2) 14th amendment: defining national citizenship and forbidding the states to restrict the basic rights of citizens or other persons. 3) judicial interpretation: refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents and legislation.
Describe three examples of when government has not allowed or included a type of expression as protected speech, and why in each case
1) In Chaplinsky v. New Hampshire (1942), the Court held that so-called "fighting words ... which by their very utterance inflict injury or tend to incite an immediate breach of the peace," are not protected. This decision was based on the fact that fighting words are of "slight social value as a step to truth." 2) In New York Times Co. v. Sullivan (1964), the Court held that defamatory falsehoods about public officials can be punished -- only if the offended official can prove the falsehoods were published with "actual malice," i.e.: "knowledge that the statement was false or with reckless disregard of whether it was false or not." Other kinds of "libelous statements" are also punishable. 3) 1973 Miller v. California decision, the Court established three conditions that must be present if a work is to be deemed "legally obscene." It must 1) appeal to the average person's prurient (shameful, morbid) interest in sex; 2) depict sexual conduct in a "patently offensive way" as defined by community standards; and 3) taken as a whole, lack serious literary, artistic, political or scientific value.
Six amendments designed to expand voting rights were added to the U.S. Constitution after the Bill of Rights was adopted - the 15th, 17th, 19th, 23rd, 24th and 26th. How did each of these serve to increase voting rights?
15th:The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude 17th: 19th:Women's Right to Vote 23rd:Right to Vote for Representatives in the Electoral College 24th:Prohibiting Any Poll Tax in Elections for Federal Offices 26th:
What is the total membership of the House of Representatives? What is the term of office for a member of the House? What is the total membership of the U.S. Senate? What is the term of office for a U.S. Senator?
435 serve in the U.S. House of Representatives. They serve 2 years with no term limits. There are 100 members in the U.S. Senate and serve 6 years.
The Bill of Rights includes a substantial set of procedural safeguards for those accused of crime. Which amendments focus on these procedural rights? List at least four different types of rules (or stages in the criminal justice system) that are covered in the Bill of Rights. Be prepared to briefly describe at least two specific protections.
4th Amendment:"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. " 5TH Amendment: protects against abuse of government authority in a legal procedure. 6th Amendment:allows to any person accused the right to counsel for his defense.
The Constitution provides for basic civil rights protections. What are other key sources of civil rights law in the US?
Age Discrimination Act of 1975 Prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance Civil Rights Act of 1964 Prohibits employment discrimination based on race, color, religion, sex, and national origin
Where, specifically, are the enumerated powers of the Congress located in the U.S. Constitution? List six examples of these specific powers given to Congress.
Article 1 section 8 ● Congress has the power to impose and collect taxes which are to provide for the debts of the United States, as well as for the common defense and welfare of the country. All such taxes are to be implemented equally through the nation. ● The power to borrow money on behalf of the United States. ● The regulation of commerce, both on the international and interstate levels. This is also to include Indian Tribes as well. ● Congress has the power to establish currency and coin money. ● The power to establish post offices. ● To provide for and maintain a navy.
Why does the House have stricter rules and greater leadership control than does the Senate? How do these differences affect the day-to-day operation of the chambers?
Because they are larger. The senate has a smaller size which allows them to get by without many procedural limits. As a result of having significantly more members in the House, more delegation, coordination problems, conformity costs, and transaction costs are in place. Committee systems have been applied to help reduce these challenges. The difference in term length of members between the House and Senate also affect their position in congress, since districts are more homogenouos than states they are more likely to maintain support for a member of the House. Also, The senate can be more lax because they only have 100 members and it is easier to get legislation through with that amount. The house is stricter because they have 435 members and they need stronger leadership to control and keep that amount of people efficiently working.
Define and distinguish between civil liberties and civil rights
Civil Liberties:Civil liberties concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted or inferred through the years by legislatures or the courts. (free speech, voting, privacy, remain silent) Civil Rights:Civil rights concern the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment, education, housing, and access to public facilities. The law differentiates between civil rights, which means the basic right of freedom from discrimination based on certain personal characteristics such as gender, race, or disability, and civil liberties which are basic freedoms. Civil liberties concern the actual basic freedoms; civil rights concern the treatment of an individual regarding certain rights. Unlike civil liberties, where the government grants broad-based rights to individuals, civil rights are not only granted by the government but also contain a protective aspect of those rights based on certain characteristics.
The First Amendment to the U.S. Constitution begins with what five words
Congress shall make no law
Distinguish between the two different religious freedom provisions found in the First Amendment
Establishment cause:prohibits the government from "establishing" a religion Free exercise clause:protects citizens' right to practice their religion as they please
What are five basic freedoms guaranteed by the First Amendment?
Freedom of religion, freedom of speech, freedom of the press, assembly, and freedom to petition the gov
How did the Bill of Rights come to apply to the states?
Incorporation doctrine. a constitutional doctrine through which the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment.
How representative is the U.S. Congress? Provide a basic definition of the representation goal. Describe at least two different ways that representation might be assessed, and make an argument as to whether or not you think the contemporary Congress is effectively achieving its representation responsibilities.
It is one of the most representative institutions in American government. Both senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a gubernatorial appointment. Congress has 535 voting members: 435 representatives and 100 senators. Representation is assessed in the fact that each state has an equal representation of two senators. There's also equal representation based off of population. Each state gets a certain amount of house or reps based off of population.
while freedom of speech is given clear protection, the Supreme Court has agreed in some cases that limits are justifiable. What is a general consideration as to when limits might be acceptable?
Libel: a false statement that damages a person's reputation Slander:an abusive attack on a person's character or good name Threats: Obscenity: False Adds
Define and distinguish between personal and procedural rights, with examples of each
Personal:a law that identifies the rights and duties of a person or a level of gov't. Example : 1st degree murder is substantive because the Criminal Code of Canada consists of the laws that define the nature or substance of various crimes Procedural:a law that outlines the methods or procedures that must be followed in enforcing substantive laws. Example: procedural laws that are contained in the Criminal Code explain how arrests, bail hearings, and trials must be conducted - these are procedural laws because they are meant to protect an accused person's legal rights by ensuring the same procedures are followed in each case
What are the three Civil War Amendments, and what is the general focus of each?
The 13th Amendment banned slavery and all involuntary servitude, except in the case of punishment for a crime The 14th Amendment defined a citizen as any person born in or naturalized in the United States, overturning the Dred Scott V. Sandford (1857) Supreme Court ruling stating that Black people were not eligible for citizenship. The 15th Amendment prohibited governments from denying U.S. citizens the right to vote based on race, color, or past servitude.
The Civil Rights Act of 1964 gave authority to the national government to do what?
The Civil Rights Act of 1964 increased the power of the federal government relative to the power of state governments because it enforced the 14th Amendment; ended Jim Crow segregation in hotels, motels, restaurants, and other places of public accommodation, and prohibited discrimination in employment on the basis of race, color, national origin, religion, or gender.
How does the U.S. electoral system established by the framers of the Constitution differ from the parliamentary systems found in most European countries?
The major difference between these two systems is that in a Presidential system, the executive leader, the President, is directly voted upon by the people (Or via a body elected specifically for the purpose of electing the president, and no other purpose), and the executive leader of the Parliamentary system, the Prime Minister, is elected from the legislative branch directly.
The Constitution requires that both the House and Senate pass identical legislation before it is sent to the President for signature. However, the House and Senate typically pass different versions of a bill. How are these different versions reconciled?
They are reconciled with a conference committee. After a bill passes through the assigned committee, the entire House or the entire Senate debates it. Many times, the House and Senate pass slightly different versions of a bill. If this happens both the House and the Senate appoint conferees to work out a compromise. This committee is called a "conference" committee.
For most of American history, the Second Amendment was considered a peripheral right. This was until the 2008 Supreme Court decision in District of Columbia v. Heller. In a few words, what changed in the Supreme Court's interpretation of this amendment?
What changed is that it went from a peripheral right but the decision protects an individual's right to possess a firearm, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home, and that Washington, D.C.'s handgun ban and requirement that lawfully-owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee. It also stated that the right to bear arms is not unlimited and that guns and gun ownership would continue to be regulated.
Where in the Bill of Rights is the right to privacy found?
Your Fourth Amendment Right to Privacy. The fourth amendment to the constitution guarantees the right to be free from unreasonable searches and seizures, and is often argued as protecting our right to privacy
Distinguish between de jure and de facto segregation, using both definitions and examples of each.
de jure:segregation enacted into law and imposed by government de facto: segregation that results from practice rather than law
What are the two chief responsibilities of the U.S. Congress?
lawmaking, representing the people, performing oversight, helping constituents, and educating the public.
Once a bill has been introduced and referred to a committee, what is the most common thing that happens next?
the committee may hold hearings to explore the merits of the bill
