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WGU Civil Liberties

chapter 3

Hamdan v. Rumsfeld 2006
Hamdan v. Rumsfeld Supreme court challenged the Bush administration authority; Uniform code of Military Justice (UCMJ) and standards established through the Geneva Conventions without Congress approval
Al Odah v. United States 2007
Al Odah v. United States Struck down the Military Commissions Act of 2006 as unconstitutional because it denied habeas corpus rights
habeas corpus protection against illegal imprisonment requireing taht those detained have access to a court of law and reasons for their detention
Civil liberties are the political freedoms that protect individuals from abuses of power by the government.
Civil liberties are the restraints on government found in the Bill of Rights and the "due process" clause of the 14th Amendment
Bill of Rights express what the government cannot do
Following the ratification of the Constitution, who proposed amendments designed to protect citizens? the states
Prior to the passage of the Bill of Rights, how many amendments were approved by Congress? 12 amendments
What year was the constitution ratified? 1791
First Amendment defends five liberties, including religion, speech, press, assembly, and petition:
For the first half of the nation's history, the Bill of Rights protected citizens from which of the following? national government
Which of the following make up the First Amendment freedom of religion? Both the establishment clause and the free exercise clause
The National Cathedral does not violate the First Amendment because it does not violate which of the following? establishment clause
How many criteria make up the Lemon test? 3
Which of the following criteria was violated in Lemon v. Kurtzman? that the government action must not result in excessive government entanglement in religion.
establishment clause prevents the national government from establishing a national religion
Lemon v. Kurtzman 1971
Lemon v. Kurtzman This case posed the question of whether state financial support of the teaching of secular subjects in religious schools violates the First Amendment establishment clause
Lemon Test provides three criteria or prongs for weighing the constitutionality of any government action that involves religion
Lemon Test Step 1 have a secular legislative purpose
Lemon Test Step 2 Not have th3e primary effect of advancing or inhibiting religion
Lemon Test Step 3 not result in excessive government entanglement in religion
free exercise clause protects individuals from national government restrictions on religious practices
Church of the Lukumi Babalu Aye, Inc., et al. v. City of Hialeah 1993
Church of the Lukumi Babalu Aye, Inc., et al. v. City of Hialeah court allowed the practice of animal sacrifice;free exercise clause
Reynolds v. U.S 1878
Reynolds v. U.S court ruled that freedom of religion did not extend to polygamy
Sherbert v. Verner 1963
Sherbert v. Verner Court ruled that Sabbatarians (those who recognize Saturday as a day of worship) cannot be discriminated against in the workplace for their religious beliefs
Sherbert Test Stage 1 does the person have a claim involving a sincere religious belief; does govt action pose a substantial burden to person's ability to act on that belief
Sherbert Test Stage 2 the govt action furthers a compelling state intereste; the govt has taken action that is the least restrictive or burdensome to religion in promoting state interest
Well protected forms of speech political, symbolic, freedom of assembly
Less protected forms of speech fighting words, defamation, obscentrity
Alien and Sedition Acts which made it a crime to "write, print, utter or publish… any false, scandalous and malicious writing or writings against the government of the United States; passed by President John Adams; 3 out of 4 acts have since been repealed
"clear and present danger." established before the 1920s; speech that was likely to incite a lawless action was protected under the first amendment
Schenck v. U.S. 1919
Schenck v. U.S. a Socialist Party official, was charged with conspiracy for distributing leaflets that urged military inductees to resist the draftCourt ruled that these activities represented a "clear and present danger"
direct incitement standard 1969, the Supreme Court struck down the Ohio law under which Brandenburg had been convicted,
Tinker v. Des Moines 1969
Tinker v. Des Moines Mary Beth Tinker, an Iowa student, protested the Vietnam War with several of her friends by wearing black armbands to school;deamed schools have violated the first amendment
Which of the following is the most important post-1920s limitation on the freedom of political speech? Direct incitement
The Citizens United decision expanded the Supreme Court's protection of political speech into which of the following arenas? campaign donations
Morse v. Frederick “bong hits for Jesus.”
Defamation refers to speech, spoken or written, that is untruthful and can be proven to have malicious intent that may be harmful to the subject
A written statement of such nature can be punished as libel
an oral statement can be punished as slander
Jacobellis v. Ohio 1964
Jacobellis v. Ohio Supreme Court wrestled with the definition of obscenity
Miller Test First used in 1973
Miller Test 1 it appeals to pruient interests (those involving sexual desire)
Miller Test 2 it is pantaley offensive
Miller Test 3 the work as a whole lacks political, artistic, scientific, and literary value
fighting words which "inflict injury or tend to incite an immediate breach of the peace
According to the relevant Supreme Court standard, less-protected forms of speech are those that do which of the following? both fail to contribute to the public debate and lack ideas that hold social value.
Which type of speech "inflicts injury or tends to incite an immediate breach of the peace"? Fighting words
An attempt by the government to block publication of certain material before it is actually printed is known as "prior restraint."
gag order The one clear instance in which the government may prevent the publication of material is when it would make it impossible for a defendant in an ongoing court case to have a fair trial.
Rights that protect the accused of committing a crime Amendments IV through VIII
How many amendments cover protections for the criminally accused? 5, Amendments IV through VIII
Amendment IV protects citizens from unlawful search and seizure of property
"exclusionary rule." If evidence is gathered through an illegally obtained warrant, the court can throw it out under
Which of the following refers to the situation in which an otherwise invalid warrant is considered valid if the officer believed he was acting within the boundaries of the law? "good-faith exception"
Which of the following might be considered an "exigent circumstance"? A threat to an individual's safety
Amendment V offers protections against self-incrimination, double jeopardy, and loss of property. It also provides due process of law and guarantees the right to a jury trial for those accused of a certain degree of criminal activity
Miranda v. Arizona (1961), the Court ruled that persons held in custody must be advised of their rights before being questioned
The Fifth Amendment includes which of the following under its protections? the right to due process of law, the right to a jury trial for certain crimes, protection against self-incrimination, and protection against loss of property
Amendment VI The criminally accused are guaranteed the right to a speedy trial, a public trial, a jury trial for significant offenses, an impartial jury composed of peers, and counsel (or legal defense)
Before the mid-20th century, a jury "of one's peers" meant a jury of white men
Norris v. Alabama impartial jury provision to prohibit jury pools from excluding African Americans
Taylor v. Louisiana in 1975 jusrys could not exclude women
Gideon v. Wainwright 1963) that in felony cases, poor defendants lacking the financial resources to hire legal representation are entitled to counsel.
Which of the following reflects a change in the interpretation of the Sixth Amendment from the past 50 years? poor defendants in felony cases are now provided counsel by the state
Which of the following are considered rights guaranteed to the criminally accused by the Sixth Amendment? an impartial jury, a jury composed of one's peers, counsel, and a speedy trial
Amendment VIII protects the criminally accused from excessive bail, excessive fines, or cruel and unusual punishment
Furman v. Georgia "cruel" and "unusual"1972;A punishment by its severity degrading to human dignity; A severe punishment that is inflicted in wholly arbitrary fashion; A severe punishment that totally rejected throughout society; patently unnecessary
The Eighth Amendment and the Court's interpretation of it protect the criminally accused from which of the following? xcessive bail, drawing and quartering, execution of juvenile persons, and excessive fines
Barron v. Baltimore idea of dual citizenship was reinforced by the Supreme Court's ruling in the 1833; wharf was damanged wanted money to fix the problem, ruled against
The passage of the 14th Amendment in 1868 reversed the notion that Americans were citizens of two separate sets of protections
The process by which the Supreme Court applies the civil liberty provisions of the Bill of Rights to the states is known as incorporation
1940s that the Supreme Court extended religious freedom to protect individuals not only from national government infringements but also from state government infringements
Everson v. Board of Education (1947), a case concerning state financing of private schools, the Court used the due process clause of the 14th Amendment to incorporate the establishment clause of the First Amendment
The idea of dual citizenship in the context of civil liberties refers to which of the following? Americans were subject to both state and national protections
The 14th Amendment did which of the following? reversed dual citizenship
When did the Supreme Court incorporate the freedoms of speech, press, and assembly? 1920s and 1930s
Bill of Rights was added to the U.S. Constitution in 1791
Which of the following rights has NOT been incorporated? right to a jury trial in a civil case has not been incorporated
Which of the following rights have NOT been fully incorporated or are of questionable incorporation? right to bear arms and no excessive bail and fines
The current debate over individual liberties centers on which of the following? obstacles to both personal self-realization and political participation
Griswold v. Connecticut, 1965
Griswold v. Connecticut, a Connecticut law that banned the use of contraceptives;the Court referred to the implication of the First, Third, Fourth, Fifth, Ninth, and 14th Amendments as evidence
Roe v. Wade Supreme Court extended the right to privacy to include a woman's right to have an abortion.
Webster v. Reproductive Health Services 1989
Webster v. Reproductive Health Services clarified the restrictions states may impose on abortion, invalidating those state laws that pose too much of an "undue burden" on the woman requesting the procedure
Planned Parenthood v. Casey clarified the restrictions states may impose on abortion, invalidating those state laws that pose too much of an "undue burden" on the woman requesting the procedure
Planned Parenthood v. Casey 1992
When did the Court establish the trimester system to structure a woman's rights during pregnancy? Roe v. Wade
Attorney Weddington, who represented “Jane Roe,” argues that the following two amendments of the Constitution support the right to privacy: 9th and 14th
In which Texas court case did the court rule that a woman who self-induces an abortion is guilty of no crime? Fondgren v. State
challenged a Georgia law against sodomy, but the Court ruled that the right to privacy did not extend to homosexuals. Bowers v. Hardwick
Bowers v. Hardwick 1986
Lawrence v. Texas invalidated anti-sodomy laws, but it did not legalize same-sex marriage
The Supreme Court's ruling in Bowers v. Hardwick did which of the following? states could restrict sexual activity unrelated to procreation
Cruzan v. Director, Missouri Department of Health 1990
Cruzan v. Director, Missouri Department of Health ourt ruled that states were authorized to limit assisted suicide in the absence of "clear and convincing evidence" (through a living will, for example) that the patient desired treatment to be withheld under such circumstances
Washington v. Glucksberg 1997
Washington v. Glucksberg "The asserted 'right' to assistance in committing suicide is not a fundamental liberty interest protected by the Due Process Clause."
Gonzales v. Oregon 2006
Gonzales v. Oregon he Supreme Court further supported the autonomy of the states in this area. The majority opinion of the Court suggested that the U.S. attorney general could not regulate medical care involving controlled substances if the treatment was permitted by stat
Oregon's Death with Dignity Act does which of the following? allows physicians to prescribe lethal medication for terminally ill patients
The Supreme Court's rulings on the right to die tend toward which of the following? supporting the autonomy of states in the area of physician-assisted suicide
Public health has been primarily considered a responsibility of the states
Which term means the deliberate release of a harmful biologic agent to intimidate civilians and their government? Bioterrorism
What legislation permits a governor to declare a "state of public health emergency" and gives state public health officials the authority to take over all health care facilities in a state? Model State Emergency Health Powers Act
Created by: amora2
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