Unit 3 Review

Why wasn't a Bill of Rights included in the original constitution?

Federalists argued that the Constitution did not need a Bill of Rights because the people and states kept any powers not given to the federal government.

Identify the protections guaranteed in the Bill of Rights.

First 10 amendments to the Constitution. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion.

Describe what Martin Luther King Jr. argued for in Letter From a Birmingham Jail. List at least 5 big takeaways.

Five big arguments were race, injustice, civil disobedience, universal humanity, and individual action.

Define the Equal Protection Clause.

Forbids any state to deny equal protection of the laws to any individual within its jurisdiction.

What type of speech is protected?

Freedom of Speech. All speech is protected except, "obscenity, defamation, fraud, incitement, true threats and speech integral to already criminal conduct. "

Describe the ways the government has responded to social movements.

In the 1960s and 1970s, the federal government took action to address discrimination on the basis of race and sex.

Describe what limits have been put on speech to maintain public order (exceptions to freedom of speech).

Libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, food labeling, etc.

Define the Miranda warnings.

Miranda warnings are the constitutional requirement that once an individual is detained by the police, there are certain warnings a police officer is required to give to a detainee.

Describe what role the National Organization of Women (NOW) had in the Women's Rights Movement.

NOW promoted feminist ideals, lead societal change, eliminate discrimination, etc. in the Women's Rights Movement.

Rational Basis Review

Normal standard of review that courts apply when considering constitutional questions.

Voting Rights Act of 1965

Outlawed segregation in public areas and granted the federal government power to fight black disfranchisement.

Define prior restraint.

Prior restraint is government action that prohibits speech or other expression before the speech happens.

Title IX of the Education Act 1972

Prohibited sex discrimination in educational institutions receiving federal funds from the United States government.

Describe the exceptions to prior restraint.

Prohibitions against prior restraint, including obscenity and national security.

Define the Free Exercise Clause.

Prohibits government from interfering with the practice of religion.

Describe how states are limited by the Due Process Clause of the 14th Amendment.

Prohibits states from violating the rights of conscience, freedom of the press, and trial by jury in criminal cases.

What protections are in the 4th Amendment that helps maintain individual freedom?

Protects personal privacy, and every citizen's right to be free from unreasonable government intrusion into their persons, homes, businesses, and property .

Intermediate Review

Second level of deciding issues using judicial review.

Describe a time in American history that the government has restricted minority rights.

Shaw v. Reno, Brown v. Board, and more Supreme Court cases. During a lot of slavery, the government has restricted minority rights.

Describe how social movements are used to achieve change in government policy.

Social movement provides social change. The government starts to listen and open up.

Define the Establishment Clause.

States that Congress shall make no law respecting an establishment of religion.

Define the Due Process Clause of the 14th Amendment.

States that no person shall be "deprived of life, liberty, or property without due process of law."

Define the exclusionary rule.

States that the evidence from people who were forced to talk is not allowed in court.

Describe the purpose of the Bill of Rights.

The Bill of Rights serves to protect citizens from excess government power. It ensures there is separation of powers between different government branches, the judicial, executive, and the legislative.

Describe where the constitutional right to privacy comes from.

The Constitutional right to privacy comes from the Fourth Amendment.

Describe how the Supreme Court's rulings have been in favor of individual liberty, with regard to the 2nd Amendment.

The Court has been consistent in its commitment to individual liberty, upholding an individual's right to own a gun with little to no government interference.

Describe which part of the Constitution provides for selective incorporation.

The Equal Protection Clause of the Fourteenth Amendment provides for selective incorporation.

Describe the protections for the accused in the Fifth Amendment.

The Fifth Amendment guarantees the right to a grand jury, forbids "double jeopardy," and protects against self-incrimination.

How does SCOTUS' interpretation of the First Amendment and Second Amendment reflect a commitment to individual liberty?

The First and Second Amendments are designed to protect individual rights and freedoms. The application of the Bill of Rights is continuously interpreted by the courts.

Identify the constitutional amendment that includes the Equal Protection Clause.

The Fourteenth Amendment includes the Equal Protection Clause.

Does the Free Exercise Clause or the Establishment Clause protect majoritarian religions? Explain.

The Free Exercise Clause protects citizens' right to practice their religion as they please, so long as the practice does not run afoul of a "public morals" or a "compelling" governmental interest.

Describe the protections for the accused in the Sixth Amendment.

The Sixth Amendment guarantees the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

Describe how the Supreme Court has bolstered freedom of the press.

The Supreme Court has bolstered the freedom of the press by establishing a "heavy presumption against prior restraint."

Can the government search your cell phone data without a warrant?

The Supreme Court has ruled that police cannot search the data on a cell phone under this warrant exception.

Describe what SCOTUS has said about affirmative action.

The Supreme Court ruled unconstitutional in most cases with affirmative action. It is likely to give rise to controversy in American politics.

McDonald v. Chicago (2010) incorporated the 2nd Amendment. What does that mean?

The case ruled that the Second Amendment to the U.S. Constitution, which guarantees "the right of the people to keep and bear Arms," applies to state and local governments as well as to the federal government.

Define affirmative action.

The requirement that an organization take positive steps to increase the number or proportion of women, African Americans, or other minorities in its membership.

Define civil rights.

The rights of citizens to political and social freedom and equality.

Civil Rights Act of 1964

This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.

Strict Scrutiny

Used by the Supreme Court in racial discrimination cases and other cases invloving civil liberties and civil rights; places the burden of proof on the government.

Describe a limitation on the freedom of religion.

You cannot claim religious freedom to engage in child sacrifice or beating your wife.

Define selective incorporation.

A doctrine describing the ability of the federal government to prevent states from enacting laws that violate some of the basic constitutional rights of American citizens.

Describe which part of the Constitution most directly correlates with affirmative action.

Affirmative action as a practice was partially upheld by the Supreme Court in Grutter v. Bollinger.

Describe the exception to the Miranda warnings.

An exception is that the suspect is being asked questions that are standard booking procedures.

Who wanted a Bill of Rights added to the Constitution?

Anti-Federalists held that a Bill of Rights was necessary to protect individual liberty.

Define symbolic speech.

Conduct that is intended to convey a particular message which is likely to be understood by those viewing it.

Identify who the Bill of Rights originally protected people from.

Designed to protect the basic rights of U.S. citizens. Powers not delegated to the federal government were reserved for the states.

Identify the required SCOTUS cases that involve the incorporation of a specific right.

Engle v. Vitale, and Gideon v. Wainwright involves the incorporation of a specific right.

Describe exceptions to the 4th Amendment.

Exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view.