7.5.2Test (CST): Civil Liberties and Civil Rights – Flashcards
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What are the rights that people have simply because they are people?
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Natural rights
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What are the rights that people gain as part of belonging to an organized government?
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Civil rights
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According to the contract theory of government, how does forming a government change people's rights?
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They give up some of their natural rights, but get better protection of the rest of their rights, plus
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What is the name of the constitutional protection that requires government to show a legal basis for imprisoning someone?
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The writ of habeas corpus
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What is the name of a bill that specifically names a person or group to be punished, and does not provide for any trial or other procedure? (Hint: these are banned by the Constitution.)
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A bill of attainder
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What is the name of a law that makes something a crime after the fact? (Hint: these are banned by the Constitution.)
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Ex post facto law
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Why were many citizens concerned by the lack of a bill of rights in the original Constitution?
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They feared governmental abuses of power that might restrict their freedoms.
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What is an important advantage of writing down a list or bill of rights?
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If there is a list of rights, then it is very easy for people who feel that their rights have been infringed to identify their rights
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What is the difference between the due process guarantees in the Fifth Amendment and the Fourteenth Amendment?
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they offer identical protection, but the Fifth applies to the federal government while the Fourteenth applies to the states
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What is procedural due process?
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The law will be applied fairly.
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What is the name for the process of using the Fourteenth Amendment to apply the Bill of Rights to state governments?
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Incorporation
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Which of these freedoms does the First Amendment protect?
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Freedom of the press, assembly, and religion.
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Which of the following examples shows a violation of someone's First Amendment rights?
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Congress, legislators first swear that they believe in the truth of the Protestant religion A college fraternity composed of close friends who share living quarters is forced to admit women. A newspaper is forced to submit its stories to a government review board, which checks them for national security materials before allowing the newspaper to print them.
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What does the religion clause of the First Amendment actually say?
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"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . ."
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What are "fighting words?"
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Words that would provoke a reasonable person to an immediate act of violence
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What is the current definition of seditious speech?
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Speech that has an obvious and immediate danger of creating unrest or violence
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What Supreme Court case banned prior restraints
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Near v. Minnesota
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What did the Supreme Court rule in the case Near v. Minnesota?
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That a state could not punish a newspaper by forcing it to stop publication
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What is a penumbra?
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The implied protection of a right under the coverage of a more broad constitutional protection
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Which of these restrictions has been placed on a woman's right to an abortion and was upheld by the Supreme Court?
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ll of the above are true.
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The name of the famous Supreme Court case that concerned abortion rights was _____.
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Roe v. Wade
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When is a citizen's right to privacy most likely limited?
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During wartime
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What is the most recent case in the privacy line?
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Lawrence v. Texas
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Segregation is defined as:
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the practice of separating people of different races, classes, or ethnic groups.
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_____ is the most rigorous test to which a legal classification can be put, and any law subjected to this level of scrutiny is unlikely to be found constitutional.
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Strict scrutiny
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Brown v. Board of Education was a case that came before the Supreme Court in 1954. What was this case about?
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Integration of African American students into traditionally all-white schools
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The Supreme Court's ruling in Brown v. Board of Education was an important step in:
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the civil rights movement
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Women's rights have historically been restricted by the Supreme Court's use of:
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the reasonableness standard.
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Laws concerning women are not subject to the strict scrutiny test because:
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women do not qualify as a "discrete and insular minority."
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Which of the following statements concerning the equal rights amendment is correct?
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The amendment was not ratified.
