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POLS 1101 > Chapter 11: Civil Liberties/Rights > Flashcards

Chapter 11: Civil Liberties/Rights Flashcards

1
Q
  • Incorporated in the Bill of Rights
  • Personal rights that the government can not take away
A

Civil Liberties

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2
Q
  • Under the 14th Amendment that protects us
  • What the government must do
A

Civil Rights

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3
Q

Freedom of speech, press, religion, assembly and petition

A

Amendment 1

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4
Q

Right to keep and bear arms

A

Amendment 2

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5
Q

Government may not quarter troops or soldiers in citizens home

A

Amendment 3

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6
Q

Protection of unreasonable searches and seizures

A

Amendment 4

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7
Q

May not force individuals to testify against themselves
- Plead the fifth
- No self-incrimination

A

Amendment 5

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8
Q

Right to fair and speedy trial

A

Amendment 6

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9
Q

Right to trial by jury

A

Amendment 7

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10
Q

Protected from cruel and unusual punishment

A

Amendment 8

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11
Q

Have rights not directly in the Constitution
- Reserved to the people

A

Amendment 9

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12
Q

Powers not given to the Federal are
reserved to the states

A

Amendment 10

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13
Q

Case-by-case approach of deciding which portions of the Bill of Rights apply to states

A

Selective Incorporation

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14
Q

Requires states to respect individual liberties and rights under the 14th amendment

A

Due Process Clause

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15
Q

The Bill of Rights is considered an integral part of the Constitution and has been incorporated into it through various Supreme Court decisions
- Due Process Clause + Equal Protection Clause: requires states to respect individual liberties and rights through the 14th amendment

A

What is the relationship between the Bill of Rights and the Constitution? How does the Bill of Rights apply to the states?

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16
Q

Has been used solely with respect to the rights and liberties contained in the first 8 amendments rather than to the entire Bill of Rights because:
(1) The 9th Amendment, as discussed earlier, makes no reference to any specific rights
(2) The 10th Amendment is equally vague by awarding the states all powers not explicitly given to the federal government by the Constitution.

A

Incorporation Doctrine

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17
Q

Nonverbal forms of expression, such as flag burning or wearing armbands, that are protected by the First Amendment

A

Symbolic Speech

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18
Q

Refers to speech that expresses hatred or intolerance toward a particular group of people based on their race, religion, gender, or other characteristics
- Limited if there is violence

A

Hate Speech

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19
Q

Freedom of Speech
- Sedition: cannot speak negative about the government
- Obscenity/Slander: spoken false statements
- Clear and Present Danger/Fighting words

Freedom of Press
- Libel: written false statements
- Pornography
- Cyberbullying

Freedom of Religion
- Education
- Medical

A

Describe limitations on the 1st Amendment

20
Q

Evidence obtained by law enforcement authorities illegally cannot be used in a criminal case. (If it’s not on the warrant or in plain sight they can’t use it.)
- 5th Amendment
- Miranda v. Arizona, 1966

A

Exclusionary Rule of Evidence

21
Q

Legal principle that the government cannot censor or restrict speech or press before it is published. Threat to free speech and democracy.

A

Prior Restraint Doctrine

22
Q

In recent years, the U.S. has seen significant progress in the fight for LGBTQ+ rights, including the legalization of same-sex marriage. However, discrimination against LGBTQ+ individuals remains a persistent problem in many areas of society, and there is ongoing debate over the extent to which the government should intervene to protect LGBTQ+ rights

A

What is the status of homosexuality and same-sex marriage in the U.S.?

23
Q

Abolished slavery

A

13th Amendment

24
Q

Granted citizenship to all persons born or naturalized in the U.S., including former slaves and granted them protection under this Amendment

A

14th Amendment

25
Q

Prohibited government from denying a citizen the right to vote based on race

A

15th Amendment

26
Q

Women’s suffrage; granted right to vote

A

19th Amendment

27
Q

Upheld that “separate but equal” was constitutional for racial segregation. Ruled that Louisiana’s law of requiring separate railroad cars for whites and black did not violate the 14th Amendment.

A

Plessy vs. Ferguson 1896

28
Q

Overturned Plessy and declared that racial segregation in public schools unconstitutional

A

Brown vs. Board of Education 1954

29
Q

Policy designed to address past discrimination and promote diversity by giving preferential treatment to groups that have historically been disadvantaged.
- Some argue that it is necessary to address ongoing discrimination and promote equal opportunity, while others believe it is unfair and can lead to reverse discrimination.

A

Affirmative Action

30
Q

Prohibits discrimination in voting, public accommodations, education, federal programs, and employment
- Equal Employment Opportunity Commission to investigate and enforce violations of the law

A

Civil Rights Act of 1964

31
Q

Freedom of speech and of press are among the personal rights and liberties protected by the
Due Process of the 14th Amendment
- NY violated Gitlow’s freedom of speech
- Overturns Barron v. Baltimore
- Incorporating the 14th amendment into the 1st amendment

A

Gitlow vs New York 1925

32
Q

Established the clear and present danger only
- Limited one’s 1st Amendment rights of free speech

A

Schneck vs. U.S.

33
Q

Chief Justice John Marshall held that the first 10 Amendment only applied to the federal gov, not the state gov.
- Later overturned

A

Barron vs. Baltimore 1833

34
Q

Black youths were accused by white youths
- It violated the Due Process of the 14th Amendment
- Defendants were not given reasonable time and opportunity to
secure counsel in their defense (6th)
- Incorporating the 14th amendment into the 6th amendment.

A

Powell vs. Alabama 1932

35
Q

The government could not censor or prohibit a publication before it is published
- Use of Prior Restraint Doctrine
- Violated Freedom of Press
- Incorporating the 14th amendment into the 1st amendment

A

Near vs. Minnesota 1939

36
Q

Evidence obtained by law enforcement authorities illegally cannot be used in a criminal case
- Use of Exclusionary Rule (4th)
- Incorporating the 14th amendment into the 4th amendment

A

Mapp vs. Ohio 1961

37
Q

Government’s refusal to return Weeks’ possessions violated the 4th Amendment
- Created the Exclusionary Rule of Evidence

A

Weeks v. U.S. 1914

38
Q

The Court refused Gideon a right to a lawyer because he could not afford
- Violated his right to a fair trial and due process of law as protected by
the 6th and 14th Amendments
- Incorporating the 14th amendment into the 6th amendment

A

Gideon v. Wainwright 1963

39
Q

Miranda rights: Once you get arrested, you are told what your rights are
- Warnings of the right to remain silent and the right to a lawyer present during interrogations
- Protection from self-incrimination
- Incorporating the 14th amendment into the 5th amendment

A

Miranda v. Arizona 1966

40
Q

Protect the right of marital privacy against state restrictions on a couple’s ability to be counseled in the use of contraceptives
- Right to Privacy: Incorporating the 14th amendment to 1st, 3rd, 4th, 9th

A

Griswold v. Connecticut 1965

41
Q

Gave a woman total decision over the pregnancy during the first
trimester
- Protected by the Right to Privacy, incorporated by the 14th Amendment

A

Roe vs. Wade 1973

42
Q

Court found that there was no constitutional protection for acts of sodomy, and that states could outlaw those practices
- Was not protected for their same-sex relation

A

Bowers v. Hardwick 1986

43
Q

Court held that the Texas law making it a crime for two persons of the same sex to engage in sexual conduct violates the Due Process Clause under the 14th Amendment
- Overturned Bowers v. Hardwick

A

Lawrence v. Texas 2003

44
Q

Ruled that the fundamental right to marry is guaranteed to same sex couples by both the Due Process Clause and the Equal Protection Clause

A

Obergefell v. Hodges 2015

45
Q

Declared that African Americans were not citizens of the United States and could not sue in Federal courts
- Later protected by the 13th and 14th

A

Dred Scott vs. Sandford

POLS 1101 (10 decks)

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