Unit 4: Civil Rights & Liberties

Question 1

Civil Liberty

Answer 1

list of freedoms we have as individuals

Question 2

Civil Right

Answer 2

protection against discrimination

Question 3

Incorporation of the Bill of Rights

Answer 3

applying what has been said and insured in the Bill of Rights to citizens of the states in order to protect their rights

Question 4

Bill of Rights

Answer 4

the first ten amendments which largely guarantee specific rights and liberties

Question 5

Engle v. Vitale precedent

Answer 5

Establishment Clause of the First Amendment

Question 6

Engle v. Vitale summary

Answer 6

Parents of school sued the school for requiring prayer at the beginning of the school day
-The NY law & school board policy was not constitutional and violated the 14th Amendment Due Process Clause & 1st Amendment Establishment Clause

Question 7

Wisconsin v. Yoder precedent

Answer 7

Free Exercise Clause

Question 8

Wisconsin v. Yoder summary

Answer 8

Amish man didn’t want to send his kids to school because it was against his religion but Wisconsin law required kids under 16 to attend school
-Wisconsin law was not constitutional as it violated the 14th Amendment Due Process Clause & 1st Amendment Free Exercise Clause

Question 9

Schenck v. US Precedent

Answer 9

Espionage Act

Question 10

Schenck v. US Summary

Answer 10

Scheneck, leader of Socialist Party printed 15,000 leaflets & Party sent to those drafted encouraging them to refuse the draft, calling it a violation of the 13th Amendment
-established clear and present danger test
-Upheld the Espionage Act and found that Schenck’s freedom of speech was not violated

Question 11

Tinker v. Des Moines Precedent

Answer 11

Freedom of Speech

Question 12

Tinker v. Des Moines Summary

Answer 12

Students wore black arm bands to school in protest against the Vietnam War and were passive/non disruptive
-Violated the rights of freedom of speech under the First and Fourteenth Amendments; arm bands are symbolic speech

Question 13

NY Times v. US precedent

Answer 13

Free Press Clause

Question 14

NY Times v. US summary

Answer 14

Daniel Elsberg and the NY Times Challenged by US government for publishing classified materials (pentagon papers) regarding Vietnam War
-Violation of the Free Press Clause

Question 15

McDonald v. Chicago precdent

Answer 15

right to bear arms

Question 16

McDonald v. Chicago summary

Answer 16

Suits were filed against Chicago/Oak Park challenging their gun bans
-Violates the Second Amendment right to bear arms through the 14th Amendment Due Process Clause.

Question 17

Gideon v. Wainwright precedent

Answer 17

Right to counsel/incorporation of 6th Amendment

Question 18

Gideon v. Wainwright summary

Answer 18

Gideon was charged in FL. state court with the felony offense of breaking and entering larceny
Requested for a lawyer (as her was poor & could not afford one) at his trial & was denied; judge stated that the state was only required to provide lawyer to those charged with capital offenses
-Violated 6th amendment’s right to Counsel Clause (through the 14th Amendment Due Process Clause) to provide counsel for indigent criminal defendants

Question 19

Brown v. Board of Education precedent

Answer 19

Equal Protection Clause of the Fourteenth Amendment

Question 20

Brown v. Board of Education

Answer 20

African American students had been denied admittance to certain public schools based on laws allowing public education to be segregated by race
-Court held that “separate but equal” facilities are inherently unequal and violate the protections of the Equal Protection Clause of the Fourteenth Amendment

Question 21

1st Amendment

Answer 21

Protects Freedom of Speech, Assembly, Religion, Press, Petition (RAPPS)

Question 22

2nd Amendment

Answer 22

Protects/guarantees Right to Bear Arms (guns)

Question 23

3rd Amendment

Answer 23

Quartering of Soldiers
–A soldier can’t stay in your house without your permission.

Question 24

4th Amendment

Answer 24

Illegal Search & Seizure, The police can not search you, or your house, or go through your things unless they can prove to a judge for a warrant that they have a good reason to think you have committed a crime.

Question 25

5th Amendment

Answer 25

You do not have to testify against yourself (self-incrimination). You can't be killed, or put in jail, or fined, unless you were convicted of a crime by a jury. Double Jeopardy --> if a jury decides you are innocent, the government can't try you again for THAT crime.

Question 26

6th Amendment

Answer 26

You have the right to a speedy, public trial with a lawyer. You have the right to know what you are accused of, to see and hear the people who are witnesses against you and to have the government help you get witnesses on your side.

Question 27

7th Amendment

Answer 27

Right to a jury in a civil case

Question 28

8th Amendment

Answer 28

cruel & unusual punishment; The government can't make you pay more than is reasonable in bail or in fines, and the government can't torture you (even if you are convicted of a crime).

Question 29

9th Amendment

Answer 29

People have rights other than the ones listed in the Constitution. (People's Rights)

Question 30

10th Amendment

Answer 30

Anything that the Constitution doesn't say that Congress can do should be left up to the states, or to the people. (State's Rights)

Question 31

14th Amendment

Answer 31

defines citizenship, naturalization and equal protection

Question 32

Due Process Clause

Answer 32

Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.

Question 33

Selective Incorporation

Answer 33

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

Question 34

Establishment Clause

Answer 34

Clause in the First Amendment that says the government may not establish an official religion or support one faith over another.

Question 35

Free Exercise Clause

Answer 35

Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.

Question 36

Clear and Present Danger Test

Answer 36

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Question 37

Due Process Clause

Answer 37

Gov. can't deny individuals of life, liberty, or property -5th yoferapplies to federal gov. 14th extends to states