Inquizitive- Chapter 4: Civil Liberties

The _____Amendment's ______ is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the_______ has to do with Congress prohibiting or interfering with the practice of religion.

First, establishment clause, free exercise clause

Which statements about the death penalty are correct?

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

Which of the following amendments have been selectively incorporated to the states using the Fourteenth Amendment?

-First Amendment -Second Amendment -Eighth Amendment

What was the outcome of Roe v. Wade?

-It held that a woman's right to an abortion was implicit in the right to privacy. -It prohibited states from making abortion a criminal act prior to the point when a fetus becomes viable.

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

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

Which amendments are used for "right to privacy"?

-fourth -third -fifth -ninth

Why was a bill of rights added to the Constitution?

Antifederalists demanded it for ratification of the Constitution

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

Arrest would be Unconstitutional: - The year is 1886, and you were arrested by the federal government. -The year is 1986, and you were arrested by the state government. -The year is 1986, and you were arrested by the federal government. Arrest would be Constitutional: -The year is 1886, and you were arrested by the state government.

Match each Supreme Court case to its description(s).

District of Columbia v. Heller: For the first time, the Court ruled that the Second Amendment provides a constitutional right to keep a loaded handgun at home for self-defense. McDonald v. Chicago: For the first time, the Court extended Second Amendment rights beyond the national level to the state and local levels. Both: The Court left room for some restrictions to gun ownership.

Identify whether the particular term relates to the First Amendment's treatment of religion or the First Amendment's treatment of expression.

Expression: -clear and present danger test -prior restraint Religion: -establishment clause -free exercise clause

Which case formally established the right to privacy?

Griswold v. Connecticut

Match each First Amendment concept to its definition

Prior Restraint: government efforts to block the publication of material Speech Plus: speech accompanied by actions such as protesting Public forum Doctrine: protection of public spaces traditionally used for assembly

How has the government protected the right to privacy?

Various Supreme court cases have recognized the right to privacy.

In the United States, individuals accused or suspected of a crime are entitled to________, which protects them from arbitrary action by________.

due process of law, national or state governments

How does the Fourth Amendment protect citizens from the government? Complete the following statement. The Fourth Amendment protects citizens from unreasonable______by making illegally obtained evidence_______in court

searches and seizures, inadmissible

In general, the Supreme Court has____bans on obscenity, except for cases involving______.

struck down, broadcast television

In recent years, the Supreme Court has______In recent years, the Supreme Court has______various state restrictions to abortion access.

upheld, approving

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

- The Supreme Court ruled in favor of martial privacy in contraceptive use. -The Supreme Court expanded the right to privacy with regard to abortions -The Supreme Court ruled that LGBTQ persons have a right to privacy

How has the Supreme Court influenced privacy rights?

-The Court expanded privacy rights when it ruled that women have a right to seek an abortion. -The Court expanded privacy rights when it ruled that states cannot make homosexual conduct a crime. -The Court expanded privacy rights when it ruled that people have "privacy in one's association." (NAAP v. Alabama)

What protections are guaranteed by the Fifth Amendment?

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

Which amendment specifies the right to bear arms?

2

Which of these companies would likely win their lawsuits over commercial speech rights?

Company would win case: -A company is suing after being blocked from distributing mailers about various contraceptive options, sexually transmitted diseases, and family planning due to a government regulation prohibiting the mailing of unsolicited advertisements for contraceptives. -Delectable Edibles, which sells legal cannabis-infused products, is suing over the removal of its billboard after others with billboards nearby, including the Baptist Church and Chuck-E-Cheese, complained. Company would lose the case: -Peak Pleasure, an adult novelty store, has sued the city over a local ordinance banning all commercial advertising on public property after being ordered to remove its billboard from a public soccer field for kids.

Label each scenario of government action or public policy with the aspect of the First Amendment it most likely violated: the free exercise clause, the establishment clause, or both. Note that every item may not have a match, while some items may have more than one match.

Free exercise: -Two officers with beards worn for their Sunni Muslim beliefs were dismissed because of a policy banning facial hair for employees with only an exception for health reasons. -A law is passed that bans Muslims from running for public office. Establishment: -A law prohibits the teaching of evolution in public schools. Both: -A state law requires individuals convicted of driving under the influence (DUI) to attend a faith-based alcohol abuse recovery and treatment program.

Match each amendment with its purpose.

Protects against unreasonable searches and seizures: Fourth Amendment Protects citizens from being tortured or excessively threatened: Eight Amendment Protects citizens from being tried twice for the same crime (double jeopard): Fifth Amendment Protects citizens by giving the right to receive counsel for defense of a crime: Sixth Amendment

Imagine two government actions. The first is a Supreme Court ruling that the government cannot prevent someone from sending out pamphlets protesting a war. The second is a government agency that reviews complaints about racial and gender discrimination by employers. The first example deals primarily with _______, whereas the second deals with ______.

civil liberties, civil rights

Over time, the Supreme Court has been more restrictive in its protection of the right to privacy.

false

The Bill of Rights was essential for protecting rights because the original Constitution lacked any protected rights.

false

The Bill of Rights includes both liberties and rights.

true

The Constitution provides a basis for a right to privacy.

true

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

true