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Chapter 4 Review . Civil Liberties. 1. What are the Bill of Rights? . 1. What are the Bill of Rights? . First 10 amendments to the Constitution, spells out individual rights and liberties, such as speech, expression, religion, press… . 2. Explain Schenck v. United States .
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Chapter 4 Review Civil Liberties
1. What are the Bill of Rights? First 10 amendments to the Constitution, spells out individual rights and liberties, such as speech, expression, religion, press…
2. Explain Schenck v. United States Supreme Court upheld the 1917 Espionage Act that prohibited forms of dissent, such as handing out anti-war leaflets that could hamper the nation’s war effort. Established the “clear & present danger” test
3. What is, and where do we get the freedom of expression? The right of an individual to hold and communicate views of their own choosing. Guaranteed in the First Amendment, as part of our freedom of speech.
4. What is symbolic speech? Action with the purpose of expressing a political opinion. Flag burning is okay, but burning your draft card is not (Clear and present danger of hurting the war effort.) Government may not prohibit the expression of an idea.
5. Explain selective incorporation The absorption of certain provisions of the Bill of Rights into the Fourteenth Amendment so that these rights are protected from infringement by the states
a. ReviewWhere in the Constitution does it grant the individual states’ power?
a. ReviewWhere in the Constitution does it grant the individual states’ power? The Tenth Amendment – where it says those powers not enumerated to the federal government are reserved to the states
6. What is the imminent lawless action test? The government cannot suppress advocacy that promotes lawless action unless the action is likely to produce imminent lawless action
7. What is libel? The publication of material that falsely damages a person’s reputation
8. What is slander? Spoken words that falsely damages another person’s reputation
9. What is the Establishment clause? The First Amendment provision stating that government may not favor one religion over another or favor religion over no religion, and prohibiting Congress from passing laws respecting the ESTABLISHMENT of religion
10. Engel v Vitale? 1962, The Court used the establishment clause to prohibit the reading of prayers in public schools. (In New Hyde Park, N.Y. parents complained that prayer to an “Almighty God” contradicted their religious beliefs – violated the establishment clause…a 6 to 1 vote)
b. ReviewWhat are enumerated powers, and where are they found?
b. ReviewWhat are enumerated powers, and where are they found? They are the 17 powers granted to the federal government, and they are found in Article 1, section 8 of the Constitution
11. What did we get from the Supreme Court case Miranda v. Arizona?
11. What did we get from the Supreme Court case Miranda v. Arizona? That the police have to inform people they arrest of their constitutional rights
12. Where did they get the reasoning behind the Supreme Court case Roe v. Wade?
12. Where did they get the reasoning behind the Supreme Court case Roe v. Wade? From the Ninth Amendment and the implication of the right to privacy that lives within other Amendments
13. What does the Fifth Amendment provide? Protection against double jeopardy, self-incrimination, indictment for a crime only through grand jury proceedings, loss of life, liberty and property without due process
14. Procedural due process refers to what? The procedures that authorities must follow before a person who’s been arrested can legitimately punished
15. What are fighting words? Words intended to incite people or inflame them to violence
c. ReviewWhat are concurrent powers, name a few while you’re at it.
c. ReviewWhat are concurrent powers, name a few while you’re at it. Powers that both state and federal governments exercise – raise taxes, build roads, create a police force, borrow money, set up lower courts, establish banks.
16. What is it that is at the center of the idea of selective incorporation?
16. What is it that is at the center of the idea of selective incorporation? The due process clause of the Fourteenth Amendment
17. So, what does selective incorporation actually provide? It uses the Fourteenth Amendment to insure that the authority of states to limit civil liberties is restricted
18. The exclusionary rule excludes what? It excludes evidence found in violation of one’s rights. They have a search warrant to look for drugs, but instead find illegal weapons, those weapons cannot be used in court.
19. In which way can public schools restrain the civil rights of their students?
19. In which way can public schools restrain the civil rights of their students? When it gets in the way of the supposed educational process that allegedly occurs in public schools
20. Is the death penalty excluded as a result of the Eighth Amendment?
20. Is the death penalty excluded as a result of the Eighth Amendment? The Supreme Court has ruled that the exercise of the death penalty is constitutional, but some of the ways we do it is not, like the gas chamber for instance, or putting minors to death.
d. ReviewWhat is devolution? The effort, as of late, to scale back the size and activities of the national government and to shift responsibilities back to the states.
21. How come the people who write the Constitution didn’t think to include a Bill of Rights right off the bat?
