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APGOPO Ch. 8 Test
| Question | Answer |
|---|---|
| protections FROM the government overreaching (amendments cover these) | civil liberties |
| protections BY the government for certain groups (race, ethnicity, religion, sexual orientation, etc.) ensuring equal treatment under the law | civil rights |
| 1st Amendment | – (Big 5) religion (2 parts: establishment clause and free exercise clause), speech, press, assembly, right to petition |
| 2nd Amendment | Right to Bear Arms and form a militia |
| 3rd Amendment | Quartering of Soldiers |
| 4th Amendment | Protection against unlawful search or seizure (must have warrant or permission to search) – Miranda rights read by police |
| 5th Amendment | right to grand jury in criminal case, no double jeopardy (can’t be tried for same crime more than 1x), protection against self-incrimination (“I plead the 5th”), right to due process , right to $ when private property is taken for public use (imminent do |
| 6th Amendment | protects you and guarantees you a speedy and public trial with a jury, the right to confront witnesses against you, and the right to an attorney |
| 7th Amendment | the right to a trial with a jury in CIVIL suits |
| 8th Amendment | protects you from cruel and unusual punishment and excessive bail |
| 9th Amendment | protection of rights not listed in Constitution |
| 10th Amendment | powers not delegated to the federal government, nor prohibited by it to the states, are reserved to the states/people. |
| What is selective incorporation? | Piecemeal process through which the Supreme Court has affirmed almost all protections within the Bill of Rights also apply to state governments |
| How has selective incorporation expanded liberties over time? | It has given us the same freedoms we are afforded by our national government at the state level. It is not complete yet. |
| What court case kick-started Selective Incorporation | Gitlow v. New York - man charged for distributing newspaper criticizing govt during WWI |
| What is the due process clause and what amendment is it covered in? | "No state can deny a person life, liberty, or property without due process of law" ; 14th amendment |
| *SC case: ruled that school-sponsored prayer violates the establishment clause (First Amendment) | Engel v. Vitale |
| Current status of prayer in public school | students can't pray in instructional time but may during non-instructional time; religious clubs operate under same rules as secular clubs; school officials can't encourag/discourage prayer but may participate when not in an official capacity-Lemon Test |
| protection against the government requiring citizens to join or support a religion | Establishment Clause |
| protection of the rights of individuals to exercise and express their religious beliefs | Free Exercise Clause |
| *SC case: Amish parents pulled kids from school after 8th grade. Wisconsin said they had to keep them in school and parents sued saying their religious beliefs were being violated. SCOTUS ruled with parents and it addressed the Establishment Clause. | Wisconsin v. Yoder |
| a fundamental right affirmed in the First Amendment to speak, publish, and protest without fear of retribution, including music, poems, hand gestures, etc. | Freedom of Expression |
| *SC case: Printed and distributed anti-war leaflets encouraging young men to not join the draft; normally protected under freedom of speech, but fell under "clear and present danger" test | Schenk v. US |
| legal standard that speech posing an immediate and serious threat to national security is not protected by the first amendment | Clear and Present Danger test |
| the suppression of material prior to publication on the grounds that it might endanger national security; a form of censorship | prior restraint |
| *SC case:Nixon administration tried to get press not to print articles about classified Pentagon papers; SCOTUS ruled that freedom of press allowed the papers to be published | New York Times v. US |
| *SC case: Students wore black armbands to school to protest the Vietnam War and were suspended. SCOTUS ruled that students' rights do not stop at the school doors and as long as it's not disruptive, they have freedom of expression | Tinker v Des Moines |
| untrue written statement that damages a person's reputation | libel |
| untrue spoken statement that damages a person's reputation | slander |
| To win libel or slander cases, the injured party must prove that statements were made with the knowledge they were ______. | untrue |
| speech that has no other purpose than to spread hatred, especially toward one group of people (race, gender, sexual orientation) | hate speech |
| Hate speech is protected by free speech unless it is inciting ______. | violence |
| words, images, or videos that depict sexual activity in an offensive manner with no artistic merit; not protected speech but hard to label on a legal scale | obscenity and pornography |
| *SC case where SCOTUS overturned a ban on handgun ownership and said that the 2nd Amendment protects a personal right to keep and bear arms for lawful purposes, most notably self-defense within your home | McDonald v. Chicago |
| a list of fundamental rights and freedoms that individuals possess | Bill of Rights |
| laws criminalizing conduct that was legal at the time it occurred | ex post facto |
| a law passed by Congress punishing an individual without a trial (these are not allowed) | bill of attainder |
| a document setting out reasons for arrest or detention | writ of habeus corpus |
| a judicial standard requiring that fairness be applied to all individuals equally | procedural due process |
| a document issued by a judge authorizing a search | warrant |
| reasonable suspicion that a crime has been committed or that there is evidence relevant to a criminal investigation | probable cause |
| a rule that evidence obtained without a warrant is inadmissible in court. | exclusionary rule |
| a group of citizens who decide whether or not there's enough evidence for someone to be charged (indicted) on criminal charges and subsequently charged in court | grand jury |
| protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction | double jeopardy |
| SC court case that created Miranda rights - right to remain silent and have an attorney present during questioning; must be read to you by police officers when arrested | Miranda v. Arizona |
| amount of money posted as a security to allow the defendant to be freed while awaiting trial | bail |
| death penalty - not considered cruel or unusual, but certain methods and situations could be restricted | capital punishment |
| The Bill of Rights implicitly protects _______ in the 1st, 3rd, 4th, and 9th amendments | privacy |
| SC case that dealt with the right for married couples to use contraceptives because you have the right to privacy ("the govt has no place in a married couples' bedroom") | Griswold v. Connecticut |
| SC case that dealt with unmarried couples to use contraceptives because of the right to privacy | Eisenstadt v. Baird |
| *SC case: Norma McCorvey from Dallas, TX wanted abortion but they were illegal in TX; couldn't afford to travel to a place they were legal; sued TX to make it legal and SC ruled she had right to abortion in 1st 3 months under implied right to privacy | Roe v. Wade |
| *SC case: right to an attorney extended to anyone unable to afford one | Gideon v. Wainright |
| SC case: gay couple caught having intercourse and arrested; ruled that govt had no place in bedroom between consenting adults | Lawrence v. Texas |
| unfunded mandate that required states to retrofit state buildings and other public places meet accommodations for people with disabilities (ramps, handicap bathrooms, handicap parking, etc.) | Americans with Disabilities Act (ADA) |
| SC case: ruled slaves were not citizens, even if they were residents of free states; slaves were deprived of rights | Dred Scott v. Sanford |
| Amendment that prohibited slavery | 13th amendment |
| Amendment that granted citizenship to all persons born in US and restricted states from denying due process of law and equal protection of law | 14th amendment |
| has been used to protect civil rights of Americans from discrimination based on race, gender, disabilities, sexual orientation, etc. | Equal Protection Clause |
| Amendment that granted the right to vote to black men | 15th amendment |
| Southern states tried to undermine the Reconstruction process (after the Civil War) by creating ___ ____ ____ that included poll taxes, enforced segregation through transportation, entertainment, schools, businesses, etc., literacy tests, etc. | Jim Crow laws |
| SC case: La case where a black man was arrested for sitting in white train car; SC upheld separate but equal facilities | Plessy v. Ferguson |
| SC case: a black man tried to enroll his daughter in an all-white school bc it was closer to his house and was denied; SCOTUS ruled in favor of Brown OVERTURNING SEPARATE BUT EQUAL (overturned Plessy v. Ferguson) (doll study) | Brown v. Board of Education |
| segregation/separation of individuals based o n characteristics, such as race, intentionally and by law | de jure segregation |
| segregation/separation of individuals based on characteristics that arises not by law but because of other factors, such as residential housing patterns...seen in churches, neighborhoods, etc. | de facto segregation |
| a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender (opponents - "reverse discrimination" proponents - "necessary for equality) | affirmative action |
| What is the Civil Rights Movement? | a series of protests, social movements, and civil disobedience that led to more rights for African Americans |
| large group of citizens organizing for political change | social movement |
| the intentional decision to disobey a law to call attention to the injustice of the law | civil disobedience |
| the first piece of civil rights legislation passed since reconstruction | Civil Rights Act of 1957 |
| What was the Montgomery bus boycott? | When Rosa Parks was arrested for not giving up her seat, MLK led a boycott of the bus system in Montgomery for over a year |
| Who was MLK Jr? | Civil rights leader who pushed for equality for blacks. Marched in Birmingham and was arrested. Was constantly threatened and eventually assassinated. |
| What is the Letter from Birmingham Jail? | MLK's response to white clergymen who called for the blacks to slow down protests and practice moderation. Told white moderates they were just as guilty and needed to decide if their stance matched up with their American values. |
| legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate | Civil Rights Act of 1964 |
| legislation outlawing racial segregation in schools and public places and authorizing the justice department to send federal officers to register voters in uncooperative cities, counties, and states | Voting Rights Act of 1965 |
| amendment that gave women the right to vote | 19th Amendment |
| legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs | Title IX |
| this amendment never passed - proposed to provide equal rights under the law for people based on sex...got past Congress but did not pass 3/4 of states | Equal Rights Amendment |
Created by:
aaswell