Understanding Civil Liberties

Question 1

What are civil liberties?

Answer 1

Legal and constitutional protections against government actions.

Question 2

Where are civil liberties primarily found?

Answer 2

In the Bill of Rights, which consists of the first 10 amendments.

Question 3

Are our freedoms absolute?

Answer 3

No, they can be limited when they infringe on the rights of others.

Question 4

What was the original intent of the Bill of Rights?

Answer 4

To restrict only the federal government.

Question 5

What is incorporation?

Answer 5

The process through the 14th Amendment that applies most protections in the Bill of Rights to state and local governments.

Question 6

What was the key case regarding the original restriction of the Bill of Rights?

Answer 6

Barron v. Baltimore (1833) ruled that the Bill of Rights originally restricted only the federal government.

Question 7

What does the Citizenship Clause of the 14th Amendment state?

Answer 7

All persons born or naturalized in the U.S. are citizens of both the state and the nation.

Question 8

What does the Privileges or Immunities Clause prevent?

Answer 8

States from abridging the privileges and immunities of U.S. citizens.

Question 9

What does the Due Process Clause ensure?

Answer 9

No state may deprive any person of life, liberty, or property without due process of law.

Question 10

What is the Equal Protection Clause?

Answer 10

It requires states to provide equal protection under the law for all persons.

Question 11

What notable case began the process of selective incorporation?

Answer 11

Gitlow v. New York (1925) ruled that states must respect certain First Amendment rights.

Question 12

What does the Establishment Clause state?

Answer 12

Congress shall make no law respecting an establishment of religion.

Question 13

What was the outcome of Engel v. Vitale (1962)?

Answer 13

It prohibited official school prayer, citing the need for separation of church and state.

Question 14

What does the Free Exercise Clause protect?

Answer 14

The right to practice religion freely.

Question 15

What limitation exists on the Free Exercise Clause?

Answer 15

Religious practices that conflict with important laws may be regulated.

Question 16

What was the ruling in Wisconsin v. Yoder (1972)?

Answer 16

It exempted Amish children from compulsory high school beyond 8th grade.

Question 17

What is the definition of freedom of the press?

Answer 17

The right to publish news and opinions without government censorship.

Question 18

What is prior restraint?

Answer 18

A form of censorship where the government prevents material from being published.

Question 19

What did Near v. Minnesota (1931) establish?

Answer 19

It limited the government’s ability to impose prior restraints.

Question 20

What is the general principle regarding freedom of speech?

Answer 20

Speech is protected unless it causes a clear and present danger.

Question 21

What did Schenck v. United States (1919) establish?

Answer 21

It allowed restrictions on speech during wartime.

Question 22

What was the outcome of Tinker v. Des Moines (1969)?

Answer 22

It protected symbolic speech by students as long as it did not disrupt the educational process.

Question 23

What does the term obscenity refer to?

Answer 23

Materials that appeal to prurient interests and lack serious value.

Question 24

What case set the modern standard for obscenity?

Answer 24

Miller v. California (1973) established criteria based on community standards.

Question 25

What is libel?

Answer 25

Written defamation.

Question 26

What is slander?

Answer 26

Spoken defamation.

Question 27

What did New York Times v. Sullivan (1964) establish?

Answer 27

Statements about public figures are libelous only if made with actual malice.

Question 28

What does the Full Faith and Credit Clause require?

Answer 28

Each state to recognize the public acts, records, and judicial proceedings of all other states.

Question 29

What is extradition?

Answer 29

A process where one state turns over an individual to another state for prosecution.

Question 30

What does the Privileges and Immunities Clause guarantee?

Answer 30

Citizens of each state are entitled to the same privileges and immunities as citizens of other states.

Question 31

First Amendment – Establishment Clause

Answer 31

Prohibits the government from establishing an official religion (separation of church and state).

Question 32

First Amendment – Free Exercise Clause

Answer 32

Protects individuals’ right to practice their religion freely, as long as it does not violate laws

Question 33

Barron v. Baltimore (1833)

Answer 33

Ruled that the Bill of Rights only applied to the federal government, not states.

Question 34

Gitlow v. New York (1925)

Answer 34

First case to apply the Bill of Rights to states through the Fourteenth Amendment’s Due Process Clause (selective incorporation

Question 35

Fourteenth Amendment – Due Process Clause

Answer 35

Prevents states from denying life, liberty, or property without due process of law.

Question 36

Prior Restraint

Answer 36

Government action that prevents speech or publication before it occurs (usually unconstitutional).

Question 37

Obscenity

Answer 37

Speech or material lacking serious literary, artistic, political, or scientific value; not protected by the First Amendment.

Question 38

Libel

Answer 38

Written false statements that damage a person’s reputation.

Question 39

Slander

Answer 39

Spoken false statements that damage a person’s reputation.

Question 40

Symbolic Speech

Answer 40

Nonverbal expression, such as flag burning or wearing armbands, that is protected by the First Amendment.

Question 41

Fighting Words

Answer 41

Speech that directly incites violence and is not protected under the First Amendment.

Question 42

Due Process Amendments: 4th, 5th, 6th, 14th

Answer 42

4th Amendment – Protects against unreasonable searches and seizures. 5th Amendment – Protects against self-incrimination and double jeopardy; guarantees due process. 6th Amendment – Guarantees fair trial rights, including a speedy trial, legal counsel, and an impartial jury. 14th Amendment – Extends due process protections to the states

Question 43

Probable Cause

Answer 43

Reasonable grounds for police to make an arrest or conduct a search

Question 44

Unreasonable Search & Seizure

Answer 44

Searching property or seizing evidence without a warrant or probable cause, violating the Fourth Amendment.

Question 45

Exclusionary Rule

Answer 45

Prevents evidence obtained illegally from being used in court (Mapp v. Ohio).

Question 46

Self-Incrimination

Answer 46

The right to remain silent and not testify against oneself (protected by the 5th Amendment).

Question 47

Plea Bargaining

Answer 47

An agreement where a defendant pleads guilty to a lesser charge to avoid a harsher sentence

Question 48

8th Amendment – Cruel & Unusual Punishment

Answer 48

Prohibits torture, excessively harsh penalties, and inhumane treatment in the justice system

Question 49

Right to Privacy

Answer 49

Implied by several amendments, protecting personal matters like birth control, abortion, and private communications (Griswold v. Connecticut, Roe v. Wade).

Question 50

Selective Incorporation Doctrine

Answer 50

The process by which the Bill of Rights applies to states through the 14th Amendment’s Due Process Clause.

Question 51

Clear and Present Danger

Answer 51

Speech can be limited if it presents an immediate danger (Schenck v. United States, 1919)

Question 52

Texas v. Johnson (1989)

Answer 52

Supreme Court case that ruled flag burning is protected symbolic speech under the First Amendment.

Question 53

Tinker v. Des Moines (1969)

Answer 53

Upheld students’ right to wear black armbands in protest of the Vietnam War as symbolic speech

Question 54

U.S. v. Lopez (1995)

Answer 54

Ruled that Congress overstepped its power by using the Commerce Clause to ban guns in schools.

Question 55

Mapp v. Ohio (1961)

Answer 55

Applied the Exclusionary Rule to the states, stating that illegally obtained evidence cannot be used in court.

Question 56

Problems with the Articles of Confederation

Answer 56

Weak central government (no power to tax, regulate trade, or enforce laws). No executive or judicial branch. Unanimous vote required for amendments, making change difficult.

Question 57

Factors Affecting Congressional Incumbency

Answer 57

Name recognition and media coverage. Franking privilege (free mail to constituents). Gerrymandering to create safe districts. Casework & pork-barrel spending to gain voter support.

Question 58

Conservative / Liberal Ideologies (Spectrum

Answer 58

Conservatives: Favor limited government, free markets, and traditional social values. Liberals: Favor government intervention in the economy and expanded civil rights protections. Moderates: Hold a mix of conservative and liberal views