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WGU Civil Liberties
chapter 3
| Question | Answer |
|---|---|
| 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 |
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