chapter 3

Question 1

39. What are civil liberties?

Answer 1

individual freedoms guaranteed by the constitution

Question 2

38. What are civil rights?

Answer 2

freedom for individual groups (think equal rights)

Question 3

40. When was the Bill of Rights added to the Constitution and what was its purpose?

Answer 3

1791 restricts the federal government from infringing listed rights. it was a compromise between federalists and anti-federalists

Question 4

41. Who did it restrict? Did it apply restrictions to states?

Answer 4

Federal government, not states

Question 5

42. What amendment did the court start using to apply the Bill of Rights as restrictions to the states?

Answer 5

14th

Question 6

43. What is selective incorporation? How is it applied? What does the 14th Amendment have to do with it? *This will be very important throughout our class.

Answer 6

The ability of the court to apply rights to the states on a case-by-case basis

Question 7

44. Have all amendments been applied to the states?

Answer 7

no

Question 8

45. What were Jim Crow laws and/or “black codes”? What did they try to do?

Answer 8

Laws restricting the freedoms of black Americans

Question 9

46. What is the difference between de facto and de jure discrimination?

Answer 9

de facto: habit, custom (harder to fix)

de jure: laws

Question 10

47. What happened to Japanese Americans during World War II?

Answer 10

they were sent to internment camps

Question 11

48. What happened in Plessy v. Ferguson?

Answer 11

establishment of “separate but equal”

Question 12

49. What happened in Brown v. Board of Education? How are these (Plessy v. Ferguson) cases related?

Answer 12

undid separate but equal established in Plessy v. Ferguson

Question 13

50. In the Little Rock 9, what branch was responsible for enforcing Brown decision? How was it enforced?

Answer 13

Executive, paratroopers escorted the students to school

Question 14

51. What happened to the Equal Rights Amendment? Who would it have applied to?

Answer 14

The ERA was never fully ratified, it would have applied to women

Question 15

52. How does the court test freedom of speech? Know the ones discussed in the book and how they are applied.

Answer 15

clear and present danger test
imminent lawless action test
miller test (obscenity must be based on local standards)

Question 16

53. Are there limits on freedom of speech and expression?

Answer 16

yes

Question 17

54. What are due process rights and what is their purpose?

Answer 17

laws must be fair and suspects must be treated fairly

Question 18

55. What is libel?

Answer 18

written defamation of character

Question 19

56. What is habeas corpus?

Answer 19

The right to be brought before a judge and informed of the charges and evidence against you

Question 20

57. What was the purpose of the 19th Amendment?

Answer 20

women’s right to vote

Question 21

58. Why is there a debate about religion and the Constitution? Is the Constitution ambiguous in its handling of religion and the role of the state?

Answer 21

many differing opinions

Yes, there is ambiguity

Question 22

59. What is the Lemon test and how is it applied?

Answer 22

Law must:
have secular purpose
not advance religion
not have excessive entanglement with religion

Question 23

60. What does imminent lawless action mean and how is it used?

Answer 23

speech that is aimed at or likely to incite lawless action

Question 24

61. What is the difference between separationists and accommodationists?

Answer 24

separationists: separate church and state
accommodationists: want to accommodate all religions equally

Question 25

62. Why did many of the framers value religious freedom?

Answer 25

The pilgrims were fleeing religious establishment

Question 26

63. What is the difference between strict constructionists and judicial interpretivists (also known as loose constructionists)? Give an example of a case with each type of interpretation.

Answer 26

strict constructionists: constitution must be read as the founders intended it to be read judicial interpretivists: constitution should be read interpreted through a modern lens Right to privacy is believed to be implied by interpretivists in griswold (Roe v. Wade)

Question 27

64. Did the Civil Rights Act originally apply to people with disabilities and other minorities?

Answer 27

no

Question 28

1. What is the theory of the “glass ceiling”?

Answer 28

The invisible but impenetrable barrier that women face when trying to climb the corporate ladder