Lesson 5

Question 1

Bill of Rights

• adopted
• what it is

Answer 1

• adopted in 1791

- stipulates rights of the people that government cannot take away

Question 2

What are the two types of the bill of rights?

Answer 2

Substantive

Procedural

Question 3

Substantive Right

Answer 3

Right of a citizen to do something free from a a particular degree of gov. restraint

Ex: right to bear arms, right to petition gov.

Question 4

Procedural Right

Answer 4

Right by which the government will interact with him or her

Ex: right to trial by jury, right to confront an accuser

Question 5

Civil liberties

Answer 5

Freedoms which cannot be abused or rescinded

Question 6

Civil rights

Answer 6

Privileges that follow from the concept of equal protection under the law

Question 7

What is the relationship between civil rights and liberties?

Answer 7

Every liberty is a right, but every right is not necessarily a liberty

Question 8

Incorporation Doctrine

Answer 8

Judicial act of applying the Bill of Rights to the states

Question 9

Barron v Baltimore(1833)

• what it is
• what it created

Answer 9

John Marshall ruled that the bill of rights restrain the national government, not the state governments

-created dual citizenship

Question 10

Dual citizenship

Answer 10

Think of yourself as a citizen of your country and your state

Question 11

14th amendment (1868)

Answer 11

Formally applied the bill of right to the states

Question 12

What was the first application of the incorporation doctrine in?

Answer 12

Gitlow v. New York(1925)

Question 13

Gitlow v. New York

• who is Gitlow
• explain the case

Answer 13

• Gitlow: socialist that published a newsletter and was arrested
• supreme court heard his case and he lost–> the fact that they didn’t immediately dismiss it means they applied the incorporation doctrine

Question 14

What was the most aggressive application of the Incorporation Doctrine by?

Answer 14

The Warren court in the 1950s and 1960s

Question 15

Establishment Clause

Answer 15

Government shall not establish an official religion

Question 16

Free Exercise Clause

Answer 16

Government shall not prohibit citizens from freely exercising from their religious beliefs

Question 17

The sum of Constitutional Law has created …

Answer 17

A “wall of separation” between government and religion(not referencing the constitution)

Question 18

Engel v. Vitale (1962)

Answer 18

No nondenominational prayer in schools

Question 19

Lemon v. Kurtzman (1971)

• what it is
• what it resulted in

Answer 19

• No government aid to parochial schools

- Lemon Test

Question 20

Parochial

Answer 20

Private school with religious mission

Question 21

Lemon Test

Answer 21

A law is permissible if it…

1) is secular:non-religious
2) neither enhances or inhibits religion
3) avoids excessive entanglement of government with religion

Question 22

Lee v. Weisman (1992)

Answer 22

No clergy participation in school functions

Question 23

Schenk v. United States(1919)

Answer 23

When clear and present danger exists, speech can be limited

Question 24

Chaplinsky v. New Hampshire (1942)

Answer 24

Defined the meaning of fighting words

Question 25

Fighting words

Answer 25

Words/speech acts that are incitements to violence

Question 26

New York Times v. Sullivan (1964)

Answer 26

Defined what kinds of written words constitute libel

Question 27

Libel v. Slander

Answer 27

Libel: WRITTEN material that is malicious, recklessly false, and damaging to a persons reputation (if well known) Slander: same as libel except SPOKEN

Question 28

New York Times v. United States(1971)

Answer 28

Decided that the newspaper could print the Pentagon Papers

Question 29

Pentagon Papers

Answer 29

Showed government lied about war in Vietnam

Question 30

Texas v. Johnson (1988)

Answer 30

Flag burning protected as a form of symbolic political speech

Question 31

Freedom of Assembly

Answer 31

The constitution protects the right to peaceably assemble and to petition the government

Question 32

Dejonge v. Oregon (1937)

Answer 32

Groups that promote political violence retain the right to peaceably assemble

Question 33

Dennis v. United States(1951)

Answer 33

Groups that advocate the forceful overthrow of the U.S. Government may not assemble for such purposes

Question 34

Yates v. United States (1957)

Answer 34

Groups that convene to promote the holding of a belief in political violence are protected, while those that meet to promote acting on the belief in political violence are not protected

Question 35

Brady Bill

Answer 35

Law passed by Congress in 1993 stipulating that states must place restrictions on handgun registration and institute mandatory waiting periods

Question 36

United States v. Heller(2008)

Answer 36

The 2nd amendment protects the right of an individual to keep and bear arms

Question 37

McDonald v. Chicago (2010)

Answer 37

The 2nd amendment applies to the states

Question 38

Right to Procedural Due Process

Answer 38

Amendments 5, 6, and 7 lay out the procedures that law enforcement and government officials must follow to protect the rights of persons accused of a crime

Question 39

Escobedo v. Illinois (1964)

Answer 39

Law enforcement officials must allow the accused to consult a lawyer following arrest

Question 40

Gideon v. Wainwright (1964)

Answer 40

The accused have the right to an attorney even if they cannot afford one

Question 41

Miranda v. Arizona (1966)

Answer 41

Law enforcement must advise an arrested person of their constitutional rights

Question 42

New York v. Quarles (1984)

Answer 42

When public safety is threatened, the miranda warning is not required

Question 43

Hamdi v. Rumsfeld(2004)

Answer 43

Enemy combatants held in the U.S. have due process rights

Question 44

Gregg v. Georgia(1976)

Answer 44

Reinstated the death penalty as a constitutional form of punishment under controlled and measured circumstances --states had to have plan approved by court

Question 45

Undefined rights

Answer 45

9, 10

Question 46

9th

Answer 46

“The enumeration in the Constitution, of certain rights, shall not be construed to deny...others retained by the people.”

Question 47

10th

Answer 47

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

Question 48

United States v. Lopez (1995)

Answer 48

states, not feds have power to enforce gun laws

Question 49

Printz v. United States (1997)

Answer 49

overturned part of Brady Bill on grounds of federal government overreach

Question 50

Gonzales v. Oregon (2006)

Answer 50

federal government could not block states from passing laws enabling assisted suicide

Question 51

National Federation of Independent Business v. Sibelius (2012)

Answer 51

Affordable Care Act upheld based on Congress’s power to tax

Question 52

Furman v. Georgia (1972)

Answer 52

Led to a moratorium on the death penalty in all states