Chapter 4 & 5: Civil Liberties and Civil Rights

Question 1

A law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays

Answer 1

Blue law

Question 2

Limitations on the power of government, designed to ensure personal freedoms

Answer 2

Civil liberties

Question 3

Guarantees of equal treatment by government authorities

Answer 3

Civil rights

Question 4

A right of the people rooted in legal tradition and past court rulings, rather than the Constitution

Answer 4

Common-law right

Question 5

A person who claims the right to refuse to preform military service on the grounds of freedom of thought, conscience, or religion

Answer 5

Conscientious objector

Question 6

A prosecution pursued twice at the same level of government for the same criminal action

Answer 6

Double jeopardy

Question 7

Provisions of the Fifth and Fourteenth Amendments that limit government power to deny people “life, liberty, or property” on an unfair basis

Answer 7

Due process clause

Question 8

The right of individuals to obtain, use, and trade things of value for their own benefit

Answer 8

Economic liberty

Question 9

The power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment

Answer 9

Eminent domain

Question 10

The provision of the Firth Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

Answer 10

Establishment clause

Question 11

A requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result from an illegal search or seizure cannot be used to try someone for a crime

Answer 11

Exclusionary rule

Question 12

The provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

Answer 12

Free exercise clause

Question 13

A statement by law enforcement officers informing a person arrested or subject to interrogation of his or her right

Answer 13

Miranda warning

Question 14

Acts or statements that are extremely offensive by contemporary standards

Answer 14

Obscenity

Question 15

A law passed by Congress in the wake of 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)

Answer 15

Patriot Act

Question 16

An agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial

Answer 16

Plea bargain

Question 17

A government action that stops someone from doing something before they are able to do it (e.g., forbidding someone to publish a book he or she plans to release)

Answer 17

Prior restraint

Question 18

Legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial

Answer 18

Probable cause

Question 19

The right to be free of government intrusion

Answer 19

Right to privacy

Question 20

A legal document, signed by a judge, allowing police to search and/or seize persons or property

Answer 20

Search warrant

Question 21

The gradual process of making someone guarantees of the Bill of Rights (so far) apply to state governments and the national government

Answer 21

Selective incorporation

Question 22

An action or statement that admits guilt or responsibility for a crime

Answer 22

Self-incrimination

Question 23

A standard for deciding whether a law violates the free exercise clause; a law will be stuck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the “ least restrictive means” possible

Answer 23

Sherbert test

Question 24

A form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)

Answer 24

Symbolic speech

Question 25

A means of deciding whether a law that makes it harder for women to seek abortions is constitutional

Answer 25

Undue burden test

Question 26

The use of programs and policies designed to assist groups that have historically been subject to discrimination

Answer 26

Affirmative action

Question 27

The Native American civil rights group responsible for the occupation of Wounded Knee, South Dakota, in 1973

Answer 27

American Indian Movement (AIM)

Question 28

Laws passed immediately after the Civil War that discriminated against freed slaves and other blacks and deprived them of their rights

Answer 28

Black codes

Question 29

The 1945 Supreme Court ruling that struck down Plessy v. Ferguson and declared segregation and "separate but equal" to be unconstitutional in public education

Answer 29

Brown v. Board of Education

Question 30

A term adopted by some Mexican American civil rights activists to describe themselves and those like them

Answer 30

Chicano

Question 31

An action taken in violation of the letter of the law to demonstrate that the law is unjust

Answer 31

Civil disobedience

Question 32

A doctrine calling for the same pay for workers whose jobs require the same level of education, responsibility, training, or working conditions

Answer 32

Comparable worth

Question 33

A legal status of married women in which their separate legal identities were erased

Answer 33

Coverture

Question 34

Segregation that results from the private choices of individuals

Answer 34

De facto segregation

Question 35

Segregation that results from government discrimination

Answer 35

De jure segregation

Question 36

Civil rights campaigns that directly confronted segregationist practices through public demonstrations

Answer 36

Direct action

Question 37

The revocation of someone's right to vote

Answer 37

Disenfranchisement

Question 38

A provision of the Fourteenth Amendment that requires the states to treat all residents equally under the law

Answer 38

Equal protection clause

Question 39

The proposed amendment to the Constitution that would have prohibited all discrimination based on sex

Answer 39

Equal Rights Amendment (ERA)

Question 40

An invisible barrier caused by discrimination that prevents women from rising to the highest levels of an organization - including corporations, governments, academic institutions, and religious organizations

Answer 40

Glass ceiling

Question 41

The provision in some southern states that allowed illiterate whites to vote because their ancestors had been able to vote before the Fifteenth Amendment was ratified

Answer 41

Grandfather clause

Question 42

Harassment, bullying, or other criminal acts directed against someone because of bias against that person's sex, gender, sexual orientation, religion, race, ethnicity, or disability

Answer 42

Hate crime

Question 43

The standard used by the courts to decided cases of discrimination based on gender and sex; burden of proof is on the government to demonstrate an important governmental interest is at stake in treating men differently from women

Answer 43

Intermediate scrutiny

Question 44

State and local laws that promoted racial segregation and undermined black voting rights in the south after Reconstruction

Answer 44

Jim Crow laws

Question 45

Tests that required the protective voter in some states to be able to read a passage of text and answer questions about it; often used as a way to disenfranchise racial or ethnic minorities

Answer 45

Literacy tests

Question 46

The 1896 Supreme Court ruling that allowed "separate but equal" racial segregation under the equal protection clause of the Fourteenth Amendment

Answer 46

Plessy v. Ferguson

Question 47

Annual tax imposed by some states before a person was allowed to vote

Answer 47

Poll tax

Question 48

The standard used by the courts to decide most forms of discrimination; the burden of proof is on those challenging the law or action to demonstrate there is no good reason for treating them differently from other citizens

Answer 48

Rational basis test

Question 49

The period from 1865 to 1877 during which the governments of Confederate states were reorganized prior to being readmitted to the Union

Answer 49

Reconstruction

Question 50

A bar in Greenwich Village, New York, where the modern Gay Pride movement began after rioters protested the police treatment of the LGBT community there

Answer 50

Stonewall Inn

Question 51

The standard used by the courts to decide cases of discrimination based on race, ethnicity, national origin, or religion; burden of proof is on the government to demonstrate a compelling governmental interest is at stake and no alternative means are available to accomplish its goals

Answer 51

Strict scrutiny

Question 52

The section of the U.S. Education Amendments of 1972 that prohibits discrimination in education on the basis of sex

Answer 52

Title IX

Question 53

The name given to the forced migration of the Cherokees from Georgia to Oklahoma in 1838-1839

Answer 53

Trail of Tears

Question 54

Tests requiring prospective voters in some states to be able to explain the meaning of a passage of text or to answer questions related to citizenship; often used as a way to disenfranchise black voters

Answer 54

Understanding tests

Question 55

A primary election in which only whites are allowed to vote

Answer 55

White primary

Question 56

# CC What is the difference between civil rights and civil liberties?

Answer 56

Liberties are limitations placed on government, while rights curb the power of majorities.

Question 57

# CC Once a liberty is incorporated into one state...

Answer 57

It is automatically incorporated into all states.

Question 58

# CC Substantive liberties _______, while procedural liberties _________.

Answer 58

Limit what the government can do, limit how the government can act

Question 59

# CC In what year was the Bill of Rights added to the constitution?

Answer 59

1789

Question 60

# CC Which of the following types of speech are protected?

Answer 60

Political speech Symbolic speech Hate Speech

Question 61

# CC What does freedom of speech intended to do?

Answer 61

Protect you from the government trying to do anything to curb your speech.

Question 62

# CC You can advocate overthrowing the government.

Answer 62

True, EXCEPT where such advocacy is directed to inciting or producing imminent action and is likely to produce such action.

Question 63

# CC Burning the American flag is a protected form of free speech.

Answer 63

True

Question 64

# CC Which of the following is a true statement about protected classes?

Answer 64

The court will step in to protect groups that are unable to protect themselves in the legislative process because it would be too hard for them to pass laws in their favor.

Question 65

# CC Which of the following is used by the courts when protected classes are concerned?

Answer 65

Strict scrutiny

Question 66

# CC ________ is the lowest level of court scrutiny.

Answer 66

Rational basis

Question 67

# CC What constitutes civil rights changes over time.

Answer 67

True

Question 68

# CC Freedom of the press is absolute!

Answer 68

False

Question 69

# CC Which of the following is a challenge when talking about modern day press?

Answer 69

How the Internet, and information published to the Internet, fits in

Question 70

# CC Which of the following is sometimes an exception to freedom of the press?

Answer 70

National secutiy

Question 71

# CC ________ is a published false statement.

Answer 71

Libel

Question 72

# CC A synonym for censorship is

Answer 72

Prohibition

Question 73

# CC A _________ is a piece of paper issued by a judge which authorizes the police to search something, generally for a specific thing in a specific place.

Answer 73

Warrant

Question 74

# CC The Police can engage in a reasonable search without a warrant.

Answer 74

True

Question 75

# CC The exclusionary rules states that

Answer 75

Unlawfully obtained evidence is excluded from a trial.

Question 76

# CC Courts have rules that students don’t have the same protections as other citizens and that the interest of the state in keeping a safe, drug, and weapon-free educational environment, trumps their privacy interest.

Answer 76

True

Question 77

# CC Select all of the following that are examples of searches and seizures:

Answer 77

Breathalyzers Drug tests

Question 78

# CC Procedural due process deals with which of the following?

Answer 78

Determining if the government acted properly in the application of its power.

Question 79

# CC Double jeopardy is unlawful because

Answer 79

It would be unfair if states were allowed to try you for a crime over and over until they received the verdict they wanted.

Question 80

# CC Which of the following is associated with self-incrimination?

Answer 80

I plead the fifth!

Question 81

# CC Which of the following is associated with self-incrimination?

Answer 81

I plead the fifth!

Question 82

# CC Which of the following cases dealt with the reading of rights upon arrest?

Answer 82

Miranda v Arizona

Question 83

# T The Fourteenth Amendment requirement for a warrant_____.

Answer 83

Does not apply when there is a serious risk that evidence will be destroyed before warrant can be issued.

Question 84

# T The Equal Protection clause became part of the Constitution as a result of______.

Answer 84

The Fourteenth Amendment