Benchmark 3 Review 2

Question 1

Citizenship

Answer 1

CitiAs defined by the 14th Amendment: all who
are born or naturalized in the United States
are citizens of the United States and of the
state they reside in

Question 2

Naturalization

Answer 2

Legal process through which immigrants become
U.S. citizens.
Must be at least 18 years old, have a background
check showing “good moral character”, be
fingerprinted, and pass tests on civics, U.S.
history, and English
Must take Oath of Allegiance to the United
States.

Question 3

Law of Blood

Answer 3

dea that a person’s nationality at birth is the
same as that of his natural parents.
For example, if a child’s parents are American
citizens travelling through France when they
give birth to that child, the child is American.

Question 4

Law of Soil

Answer 4

Idea that the country of citizenship of a child
is determined by its country of birth.
For example, in most cases if a child was born
on U.S. land, but his parents are not U.S.
citizens, the child is still a U.S. citizen.

Question 5

Civic Responsibility

Answer 5

Something that you should do as a citizen.
This can include participating in the
democratic process (voting), recycling,
volunteering, or helping other citizens

Question 6

Civic Duty

Answer 6

A civic duty is something that each citizen
owes their nation, whether it’s serving on a
jury, abiding the law, registering for selective
service, or paying taxes

Question 7

Selective Service

Answer 7

selective service is when men are Drafted for the military.

Question 8

Second Amendment

Answer 8

Protects the right to bear arms

Question 9

Third Amendment

Answer 9

No soldiers will be quartered (housed) without
the consent of the owners during times of
peace.
Also protects home-owners during times of
war (unless required by law)

Question 10

Fourth Amendment

Answer 10

Protects against unreasonable search and

seizures without a warrant or probable cause

Question 11

Fifth Amendment

Answer 11

1. Before being tried for a serious crime a
   grand jury must indict (formally accuse) the
   person of the crime.
2. Protects against being tried for the same
   criminal offense twice.
3. Protects against self-incrimination.
4. Cannot be deprived of rights without due
   process of the law.
5. Allows for eminent domain.

Question 12

sixth Amendment

Answer 12

Right to a prompt and public trial decided by a
jury.
A person must be informed of the charges
against them.
Can hear and question all witnesses, and have
their own witnesses.
Right to legal counsel (attorney). (Supreme Court
interpreted this to mean the government will provide one if
you cannot afford it).

Question 13

Seventh Amendment

Answer 13

In cases involving money or property over $20,

the right to a trial by jury is preserved.

Question 14

Eighth Amendment

Answer 14

Protects against excessive bail and fines.
Protects against cruel and unusual
punishments.

Question 15

Ninth Amendment

Answer 15

There are rights reserved to the people that
are not listed in the Constitution.
Refers to the natural rights of people.
Also called unenumerated rights – those not
spelled out in the Constitution.

Question 16

Tenth Amendment

Answer 16

Says that any power not granted to the federal government belongs to the states.

Question 17

Suffrage

Answer 17

the right of voting

Question 18

Double Jeopardy

Answer 18

The act of putting a person through a second
trial for an offense for which he or she has
already been prosecuted or convicted.
Prohibited by the Fifth Amendment.

Question 19

Due Process

Answer 19

The government has to follow rules and
established procedures in everything it does.
This protection helps to ensure justice.
Contained in the Fifth Amendment.

Question 20

Eminent Domain

Answer 20

Government power to take private property
for public use without the owner’s consent.
The Fifth Amendment requires the payment
of just compensation to the owner.

Question 21

“pleading the fifth

Answer 21

A person’s refusal to answer a question on the
ground that the answer might incriminate the
person.
The right to this refusal is protected by the
Fifth Amendment.

Question 22

Appellate Process

Answer 22

The process to have a higher court review the
result of a trial court or lower court.
The Supreme Court is mainly an Appeals Court

Question 23

Ex Post Facto

Answer 23

Latin for “after the fact.”
Laws adopted after an act is committed making
it illegal although it was legal when done, or
increases the penalty for a crime after it is
committed.
Such laws are specifically prohibited by the
U.S. Constitution

Question 24

Habeas Corpus

Answer 24

Court order that requires the government to
bring a prisoner to court and explain why he or
she is being held.

Question 25

independent Judiciary

Answer 25

Independent Judiciary A justice system that is not influenced by either the legislative or executive branch. Free to make decisions based upon law, not upon men or pressure from other groups. Created to guarantee equal justice to all.

Question 26

Precedent

Answer 26

A previous case or legal decision that may be | or must be followed in future similar cases

Question 27

Summary Judgment

Answer 27

Moving to a decision without a trial

Question 28

Civil Disobedience

Answer 28

Refusal to obey governmental demands or commands especially as a nonviolent and usually collective (group) way of forcing the government to do or change something

Question 29

Economic Freedom

Answer 29

The freedoms to choose how to produce, sell, and use your own resources, while respecting others’ rights to do the same.

Question 30

Internment

Answer 30

The imprisonment or confinement of people, | commonly in large groups, without trial.

Question 31

Property rights

Answer 31

Authority to determine how a resource is used, whether that resource is owned by government or by individuals

Question 32

Civil Rights Act of 1964

Answer 32

Prohibits discrimination (on the basis of race, religion, gender, or national origin) in public accommodations, facilities, and schools. Prohibits discrimination in federally funded projects.

Question 33

Civil Rights Act of 1968

Answer 33

This act provided for equal housing opportunities regardless of race, religion, gender, or national origin. Also known as the Fair Housing Act.

Question 34

13th Amendment

Answer 34

Outlaws slavery in all states and all lands | governed by the United States.

Question 35

14th Amendment

Answer 35

Granted full citizenship to African Americans. States, again, citizens cannot be deprived of rights without due process of the law. Guarantees equal protection under the law.

Question 36

15th Amendment

Answer 36

States that no one can be denied suffrage | (right to vote) based on race or color.

Question 37

19th Amendment

Answer 37

Prohibits any United States citizen from being denied the right to vote on the basis of gender

Question 38

24th Amendment

Answer 38

Bans the use of poll taxes as a requirement for voting in national elections. Supreme Court interpretation later expands this to cover state elections as well.

Question 39

26th Amendment

Answer 39

Lowered the voting age in all elections to 18.

Question 40

Equal rights Amendment

Answer 40

``` A proposed amendment to the United States Constitution designed to guarantee equal rights for women. Originally proposed in 1923. The amendment has been reintroduced in every session of Congress since 1982. ```

Question 41

States’ Rights

Answer 41

Called Political powers reserved for the state | governments and not the federal government_______

Question 42

Voting Rights Act of 1965

Answer 42

Designed to enforce the voting rights guaranteed by Fifteenth Amendment to the United States Constitution. Prohibits discrimination in voting. It is considered one of the most effective pieces of civil rights legislation ever enacted in the U.S.

Question 43

Marbury v. Madison

Answer 43

``` establishes the Supreme Court’s power of judicial review (deciding whether laws passed by Congress are constitutional). ```

Question 44

Plessy v. Ferguson

Answer 44

Separate, but equal” was constitutional. | Upholds state laws requiring segregation.

Question 45

Brown v. Board of Education

Answer 45

Segregation in the public schools is unconstitutional. Reverses the Court’s earlier position on segregation set by Plessy v. Ferguson.

Question 46

Gideon v. Wainwright

Answer 46

Established free legal help for those who cannot otherwise afford representation in court.

Question 47

Miranda v. Arizona

Answer 47

Ruled that a person’s Fifth Amendment rights begin at the time of arrest. The name “Miranda Rights” come from this case

Question 48

Tinker v. Des Moines

Answer 48

Establishes the extent of public school students’ constitutional rights while at school. Specifically about black armbands worn to school to protest the war in Vietnam

Question 49

Hazelwood v. Kuhlmeier

Answer 49

Establishes that the 1st Amendment does not require schools to promote particular types of student speech (specifically about a school newspaper). The paper was sponsored by the school and the school was within its rights to prevent publication of articles it found inappropriate.

Question 50

United States v. Nixon

Answer 50

Court ruling forced President Nixon to turn over secret tapes of White House conversations. Due process of law more important than “executive privilege” which is the right to withhold information from other government branches.

Question 51

Bush v. Gore

Answer 51

After issues with voters’ ballots in Florida, the FL Supreme Court issued a recount. The US Supreme Court ruled that this was unconstitutional, since in essence the FL Supreme Court was creating a new election law (something they cannot do). The recount was stopped and George Bush declared the winner in Florida, and the nation.

Question 52

Heller v. D.C.

Answer 52

The court case Heller V DC upheld the 2nd amendment stating that an individual has a right to bear arms.

Question 53

Juvenile Rights

Answer 53

Minors in juvenile court delinquency proceedings do not have the same constitutional rights as those given to adults in regular criminal court cases. In re Gault strengthened some of their rights; such as, the right to know the charges, and right to an attorney

Question 54

Segregation

Answer 54

The enforced separation of different racial | groups.

Question 55

Florida Declaration of Rights

Answer 55

is a list of rights to all citizens that live in florida