Midterm

Question 1

Civil Liberties

Answer 1

Constitutionally guaranteed personal freedoms protected from arbitrary government interference
*protections of citizens thoughts, beliefs, opinions and their right to express them

Question 2

Civil Rights

Answer 2

Protections from discrimination based on such characteristics as race, national origin, religion and/or sex

Question 3

First Amendment

Answer 3

Protects the 5 Freedoms (Speech, Religion, Press, Assembly and Petition)

Question 4

Establishment Clause

Answer 4

Federal, state and local governments CANNOT establish, recognize or disregard any religion

Question 5

Free Exercise

Answer 5

Prevents the government from stopping religious practices

Question 6

Symbolic Speech

Answer 6

Non-verbal actions that express a viewpoint, sometimes on controversial issues

Question 7

Second Amendment

Answer 7

A right to bear arms instituted into the constitution to create a national military

Question 8

Fourth Amendment

Answer 8

Protects against unreasonable and unwarranted searches and seizures

Question 9

Fifth Amendment

Answer 9

-Rights of the ACCUSED (prior to trail)
-Due Process
-Double Jeopardy
-Miranda Rights

Question 10

Miranda Warning

Answer 10

Warns criminal suspects of their rights

Question 11

Sixth Amendment

Answer 11

-Guarantees rights to criminal DEFENDANTS (during trial)
-Speedy Trial
-Right to a jury
-Right to confront witnesses

Question 12

Eighth Amendment

Answer 12

Protects against cruel and unusual punishments as well as excessive bail

Question 13

Ninth Amendment

Answer 13

To ensure that the listing/enumeration of rights doesn’t diminish or deny the existence of other fundamental rights held by people
(Madison’s safety amendment)

Question 14

Fourteenth Amendment

Answer 14

To guarantee far-reaching protections of citizens across the country

Question 15

Privileges & Immunities

Answer 15

Protects against laws against their rights and states cannot discriminate out-of-state residents

Question 16

Selective Incorporation

Answer 16

SCOTUS process of declaring certain Bill Of Rights provisions be applied to the states rather than all at once

Question 17

Due Process

Answer 17

Ensures that fair process of law is done by the government

Question 18

Equal protection Clause

Answer 18

All rights are equally protected and ensured to every American citizen no matter race or gender

Question 19

Defense of Marriage Act (1996)

Answer 19

Defined marriage at a national level declaring that states did-not have to accept same-sex marriages recognized in other states

Question 20

Obergefell v. Hodges (2015)

Answer 20

Made it illegal for states to deny same-sex couples the right to marriage

Question 21

Civil Rights Act of 1964

Answer 21

Prevented refusal to employ for discriminatory reasons but did not list sexual identity

Question 22

Title IX

Answer 22

Uses “strict scrutiny” to guarantee women equal education opportunities

Question 23

Voting Rights Act of 1965

Answer 23

Expanded the right to vote of black voters by allowing the federal government to oversee state-run elections

Question 24

Twenty-fourth Amendment

Answer 24

Outlawed the poll tax in any federal or general election

Question 25

Affirmative Action

Answer 25

Institutional efforts to diversify by race, gender and otherwise

Question 26

Regents of the University of California v. Bakke (1978)

Answer 26

A white male applicant was denied acceptance to the university despite his test scores being higher than the person of a minority who was accepted

Question 27

Letter from Birmingham

Answer 27

-anyone who lives in the us is not an outsider -allowing injustice anywhere is injustice everywhere

Question 28

Engel v. Vitale (1962)

Answer 28

Facts: Students in NY schools would say prayers. It was considered voluntary however it was frowned upon to not say it. 2 Jewish Families, including Stephen Engel sued the school board saying it violated their 1st Amendment Rights. However the school argued it was voluntary and did not favor any one religion. Constitutional Principles: First Amend. Establishment Clause Decision: 6-1 in favor of Engel

Question 29

Schenck v. U.S. (1919)

Answer 29

Facts: Charles T. Schenck was the secretary for a socialist party in Philadelphia. He and Elizabeth Baer were convicted of violating the Espinoge Act because he had sent out fliers that said the draft was unconstitutional. It basically argued it was against the 13th Amendment and that they should "assert their rights". Constitutional Principles: First Amend. Freedom of Speech and Press Espinoge Act- anyone who attempts to cause insubordination, disloyalty, refusal of duty or district enlistment services shall be fined or imprisoned. Decision: Unanimous in favor of the U.S.

Question 30

Tinker v. Des Moines Independent Community School District (1969)

Answer 30

Facts: Five students including Mary Beth Tinker wore black armbands to school in protest of the vietnam war. However, the school had preemptively banned the wearing of black armbands so the students were suspended. Constitutional Principles: Amend. 1 Free Speech (Symbolic speech) Amend. 14 Due Process Decision: 7-2 Tinker

Question 31

Wisconsin v. Yoder (1972)

Answer 31

Facts: Constitutional Principles: Decision:

Question 32

New York Times Co. v. U.S. (1971)

Answer 32

Facts: Daniel Ellsberg felt extremely strongly that the US shouldn't be in the vietnam war so he had illegally copied classified reports (known as the Pentagon papers) and they were leaked to the NYT and Washington post. Neil Sheehan posts Constitutional Principles: Decision:6-3 news

Question 33

Gideon v. Wainwright (1963)

Answer 33

Facts: Constitutional Principles: Decision:

Question 34

Roe v. Wade (1973)

Answer 34

Facts: Constitutional Principles: Decision:

Question 35

McDonald v. Chicago (2010)

Answer 35

Facts: Constitutional Principles: Decision:

Question 36

Brown v. Board of Education (1954)

Answer 36

Facts: Constitutional Principles: Decision: