American Gov Test 2 chapter 6 – Flashcards
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Civil Liberties
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Legal rights designed to protect individuals from abuse of power by government.
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Which of the following actors could have violated the freedom of speech protected by U.S. Constitution prior to the U.S. Civil War?
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The U.S. Congress, The President of the United States
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Which of the following actors could violate the freedom of speech protected by the U.S. Constitution today?
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The Governor of Georgia The City of Savannah, Georgia. The owner of a saloon in Georgia.
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Abolitionists
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Those who advocated for abolishing (i.e., abolishing) slavery.
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Privileges and Immunities Clause
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Clause of the Fourteenth Amendment that says "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."
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Due Process Clause (of the Fourteenth Amendment)
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Clause of the Fourteenth Amendment that says "No State shall ... deprive any person of life, liberty, or property, without due process of law." (The Fifth Amendment also has a due process clause, but the Fourteenth Amendment's is specifically directed at state government action whereas the Fifth Amendment's only pertains to actions by the federal government.)
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Incorporation
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Name for when the U.S. Supreme Court holds that a civil liberty from the Bill of Rights applies to state governments (rather than only the federal government) through the Fourteenth Amendment Due Process Clause's command that no "State deprive any person of ... liberty ... without due process of law." (See also Selective Incorporation and Total Incorporation.)
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Selective Incorporation
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Gradual process by which the Supreme Court has chosen (one case and one right at a time) which civil liberties from the Bill of Rights to incorporate through the Fourteenth Amendment Due Process Clause. (See also Due Process Clause and Incorporation. Contrast with Total Incorporation.)
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Total Incorporation
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The idea that all of the civil liberties protected by the Bill of Rights should automatically be incorporated into the Due Process Clause all at once. The Supreme Court rejected this approach and chose instead the gradual process of selective incorporation.
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Unenumerated Constitutional Rights
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Rights that are said to be implied by the Constitution but that are not actually mentioned in it.
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Which of the following claims is/are made in this section about the role of federal courts (including the U.S. Supreme Court) in the enforcement of civil liberties?
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The U.S. Supreme Court has interpreted the Privileges and Immunities Clause of the Fourteenth Amendment much more narrowly than its author, John Bingham, intended.
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Which of the following is/are true about "incorporation" and/or "unenumerated constitutional rights"?
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The Fourteenth Amendment Due Process Clause is central to both incorporation and unenumerated constitutional rights.
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Which of the following claims is/are made in this section of the textbook?
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Religious freedom is the freedom to develop and live according to one's own religious beliefs insofar as doing so does not interfere with the same freedom of others.
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Establishment Clause
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Clause of the First Amendment that states "Congress shall make no law respecting an establishment of religion."
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The Establishment Clause ...
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says "Congress shall make no law respecting an establishment of religion."
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Which of the following government actions has/have been declared unconstitutional by the Supreme Court for violating the Establishment Clause?
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Government funding for private, religious school teachers' salaries.
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Conservatives tend to ...
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accept a role for religion in government policy so long as government does not force anyone to participate in religious activities against their will and does not endorse or promote one religion over another.
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Liberals tend to ...
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think the Establishment Clause requires a strict separation of church and state.
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Which of the following is NOT a part of the Lemon Test (for determining whether or not a government policy unconstitutionally "establishes" religion) ...
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The law must not have anything to do with any aspect of religion whatsoever.
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Free Exercise Clause
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Clause of the First Amendment that states "Congress shall make no law ... prohibiting the free exercise [of religion]."
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Sherbert Test
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Test used for determining whether a government action interferes with the legal right to the free exercise of religion. By this test, if a government action imposes an actual burden on the ability for a person to act upon a sincere religious belief, then the government action is unlawful unless it can withstand strict scrutiny.
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Strict Scrutiny
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Label given to the most stringent approach taken by courts when reviewing potentially unconstitutional government actions. When applying strict scrutiny, a court makes the presumption that the government action in question is unconstitutional. The action is then ruled constitutional only if the government can prove the action in question was (1) in furtherance of a compelling government interest and (2) the least restrictive option available to the government for pursuing that compelling government interest.
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The Free Exercise Clause ...
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says "Congress shall make no law ... prohibiting the free exercise [of religion]."
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The Belief-Action Distinction ...
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refers to the Supreme Court's early (and now abandoned) doctrine that held the Free Exercise Clause only protects the freedom of religious belief and does NOT protect the freedom to behave or act according to religious beliefs.
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When it comes to religious freedom, "strict scrutiny review" ...
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requires that a government action that interferes with religious practice be ruled unlawful unless (1) the government interference with religious practice is the result of pursuing a "compelling government interest," and (2) there was no other effective way to pursue the compelling government interest that would have placed less of a burden on the free exercise of religion.
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Which of the following claims is/are made in this section of the textbook?
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Today, religious citizens in many states enjoy the protections of the Sherbert Test through legislative statutes at the federal and state level aimed at securing the free exercise of religion.
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The Sherbert Test ...
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requires the application of strict scrutiny review if it is shown that (1) a person has a claim involving a sincere religious belief, and (2) the government action in question is an actual burden on the person s ability to act on that belief.
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A group of Neo-Nazis requests a permit from the City of Atlanta to hold a "nonviolent march" through the streets promoting their beliefs about white supremacy and desire for "racial purity" in the United States. Ninety-eight percentage of the people in Atlanta despise the message of the Neo-Nazis and do not want them marching on their streets. If the City denies them a permit to march—stating, "the will of the people of Atlanta is for this vile, hateful speech to not be allowed on our streets"—has the City unconstitutionally abridged the Neo-Nazi's constitutional right of free expression?
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The City has violated the Neo-Nazi's constitutional right to free expression
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A man stands in a public park personally insulting people as they walk by in an effort to provoke a fight. If a police officer arrested the man for "disturbing the peace," would this violate the man's constitutional right to free expression?
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this action by the police officer did not violate the man's constitutional right to free expression.
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A public school student wears a t-shirt to school that says "The Democratic Party is pure evil." The principal suspends the student for two days on the grounds that expressing controversial political viewpoints creates discomfort in students and thereby disrupts the educational process. Does this action by the principal amount to government unconstitutionally abridging the student's freedom of expression?
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The principal violated the student's constitutional right to free expression
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Congress passes a law saying that corporations and labor unions may not spend money on television or radio ads on behalf of political candidates 30 days before an election. Does this law violate the freedom of expression of corporations and labor unions?
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The law violates corporations' and unions' constitutional rights to free expression
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Which of the following claims is/are made in this section of the textbook?
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The Supreme Court has incorporated the freedom of expression through the Due Process Clause of the Fourteenth Amendment.
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Which of the following forms of expression is/are protected by the First Amendment according to the Supreme Court?
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Symbolic speech (e.g., waving a flag).
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Why, according to the brief discussion in this section of the textbook, does "nearly everyone agree that it is a good thing that the Constitution protects the freedom of expression against government infringement"?
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The people cannot exert effective control over the government if the government is permitted to punish individuals for criticizing the government and/or raising awareness about what government does.
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Which of the following claims is/are made in this section of the textbook? 6.7
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A baseline rule established by the U.S. Supreme Court is that the First Amendment forbids government from restricting expression simply because government (or a majority of citizens) disapproves of the content of the message it conveys, especially if the message expresses a political viewpoint.
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According to Justice Brennan in the Texas flag-burning case, "If there is a bedrock principle underlying the First Amendment, it is that ...
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the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."
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Which of the following types of expression may, according to the Supreme Court, be restricted by government based on content without violating the First Amendment (at least under certain circumstances)?
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Obscene expression. Defamation. Fighting words.
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According to the Supreme Court, under what circumstances (if any) may government restrict student speech (in public schools) without violating the First Amendment?
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Student speech may be restricted ONLY IF there is good reason to believe the expression would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school."
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David Defamer is a journalist for a tabloid magazine. He writes an article claiming that Donald Trump's parents were members of the Nazi Party and that Trump's great grandfather was a founding member of the Ku Klux Klan. Neither of these statements are true, but they are widely quoted and believed, thus harming Trump's reputation in the eyes of many. Trump decides to sue David Defamer for libel. What must Trump prove in order to win his libel suit against David Defamer?
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Trump must prove that David Defamer's written statements harmed Trump's reputation.
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The Miller Test ...
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is used by courts when deciding whether a form of expression is obscene and, therefore, may be regulated without violating the First Amendment.
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Liberals tend to ...
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reject the idea that the Second Amendment provides a constitutional right for individuals to own guns for self-defense. think the Second Amendment is only concerned with arming a "well regulated Militia." favor greater gun control (and less protection for gun rights) than do conservatives.
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The U.S. Supreme Court ... $
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did not incorporate the Second Amendment into the Due Process Clause of the 14th Amendment until the 21st century.
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Which of the following claims is/are made in this section of the textbook?
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The Supreme Court has incorporated nearly all of the criminal justice civil liberties from the Bill of Rights into the Due Process Clause of the 14th Amendment. Civil liberties pertaining to criminal justice establish rules and procedures that the executive and judicial branches must follow when investigating, accusing, convicting, and punishing criminal suspects and convicts. Conservatives tend to see civil liberties as providing strong protections for the criminally accused while liberals tend to interpret these liberties as providing more modest protections for the criminally accused.
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The "exclusionary rule" ...
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holds that if government seizes evidence through an unconstitutional search, then the evidence may not be admitted into court.
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Which of the following has the U.S. Supreme Court NOT (yet) declared to be a "search" that is protected by the Fourth Amendment?
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Spying on criminal suspects using a drone.
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According to the Supreme Court, which of the following kinds of searches may (without violating the Fourth Amendment) be conducted without a warrant?
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A search of an automobile when police have probable cause for believing the owner of the vehicle is guilty of a crime. Evidence obtained that is left "in plain view" from where a police officer has a legal right to be. A search incident to a lawful arrest.
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According to this section of the textbook, the right against self-incrimination ...$
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guarantees that criminal suspects may refuse to answer questions from police after being arrested. guarantees that any defendant standing trial for a crime may choose to not take the stand to testify and may refuse to answer questions if he or she does take the stand.
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Miranda v. Arizona (1966) ...$
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established that criminal suspects at the time of arrest must be told that they have a right to remain silent and to be warned that anything they say could be used against them in court.
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According to the Supreme Court ... (SELECT ALL THAT APPLY)
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the Sixth Amendment right to an impartial jury requires the pool of prospective jurors be drawn at random so that the pool comes close to reflecting the demographic composition of the community from which it is drawn. the Sixth Amendment right to a speedy trial means that charges against a defendant must be dropped if there is too long of a delay before trial.
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Which of the following claims is/are made in this section of the textbook?
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None of these choices are correct
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The U.S. Supreme Court case Gideon v. Wainwright (1963) ...
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is the reason why state governments now directly employ over 15,000 Public Defenders who each year provide legal counsel to millions of criminal defendants who cannot afford to hire their own attorneys. established that the Sixth Amendment requires government to provide an attorney to any criminal defendant who requests an attorney but cannot afford one.
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According to the U.S. Supreme Court (and/or widespread agreement), under which of the following circumstances is a punishment "cruel and unusual" and, thus, in violation of the Eighth Amendment?
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if capital punishment is inflicted on a convicted murderer who was under 18-years-old at the time the murder was committed. if a racial minority is sentenced to death in a state with a proven record of racial bias in its sentencing decisions. if capital punishment is inflicted on someone guilty of a crime that did not result in the death of the crime's victim. if the punishment involves burning someone at the stake. if capital punishment is inflicted on someone who is mentally ill.
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When it comes to the Eighth Amendment, conservatives are more likely than liberals to think ...
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only the specific punishments that the Founding Fathers considered "cruel and unusual" should be considered cruel and unusual today.
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Unenumerated constitutional rights are ... (SELECT ALL THAT APPLY)
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listed in the Bill of Rights. a topic of disagreement in the ideological conflict known as the "Culture War." widely understood to be implicitly protected by the Due Process Clause of the Fourteenth Amendment. said to be implied by the Constitution.
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Which of the following claims is/are made about constitutional abortion rights in this section of the textbook? (SELECT ALL THAT APPLY)
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Today, due to the Planned Parenthood v. Casey (1992) decision, in the earliest stages of pregnancy, government MAY enact policies discouraging abortion so long as the government does not place an "undue burden" on a woman's decision to have an abortion. Roe v. Wade (1973) established that the right to personal privacy in the Constitution is implied by the Due Process Clause of the Fourteenth Amendment. The constitutional right to decide to have an abortion is based on the idea that the Constitution protects a right of "personal privacy" in which government may not legitimately intrude.
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In 1965, the U.S. Supreme Court became the first court anywhere to declare that a constitution protects a right of personal privacy through a constitutional command that "no person shall be deprived of ... liberty ... without due process of law."
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False
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Which of the following claims is/are made in this section of the textbook about the constitutional right of consenting adults to engage in intimate sexual relations without interference by government? (SELECT ALL THAT APPLY)
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In 1986, a unanimous U.S. Supreme Court declared that all anti-sodomy laws violate the right to personal privacy protected by the U.S. Constitution. According to the U.S. Supreme Court's decision in Lawrence v. Texas (2003), laws prohibiting sodomy within the privacy of one's home violate the right to personal privacy protected by the Due Process Clause of the Fourteenth Amendment. The Supreme Court of Georgia declared the State of Georgia's anti-sodomy law unconstitutional (under the Georgia Constitution) five years before the U.S. Supreme Court declared all such state laws unconstitutional under the U.S. Constitution.
