Constitutional Law Quiz 2023

Topic 8: Civil Rights and Civil Liberties

• Civil rights are specific rights ensuring equal treatment under the law, asserted by government power, to protect citizens.
• Constitutional barriers to securing civil rights include states' rights, tyranny of the majority/minority, separation of powers, self-interested factions, and interest group politics.
• Reconstruction amendments (13th, 14th, and 15th) followed the Civil War, attempting to strengthen Republican power. This period saw racial violence and brutality, ending with the Compromise of 1876.
• The Jim Crow era saw the systematic disenfranchisement and segregation of African Americans through laws such as white primaries, poll taxes, literacy tests, and grandfather clauses.
• The Supreme Court, in Plessy v. Ferguson (1896), established the "separate but equal" doctrine, further hindering progress.
• African Americans migrated north for economic opportunities and were increasingly influenced politically.
• The Roosevelts' New Deal initiatives and Eleanor Roosevelt's role brought economic relief and greater political power for African Americans, marking early Democratic support of their rights.
• The Committee on Fair Employment Practices (1941) and Truman's desegregation of the armed forces (1948) were crucial steps.
• African Americans played an important role in swinging the 1948 election towards Truman.
• The NAACP initiated legal challenges that significantly contributed to advancements in civil rights, such as Smith v. Allwright (1944), Shelley v. Kramer (1948), Sweatt v. Painter (1950), and Brown v. Board of Education (1954).
• The Montgomery Bus Boycott (1955), Greensboro sit-ins (1960), Kennedy's assassination (1963), and the Civil Rights Act of 1964 and Voting Rights Act of 1965 were integral.
• Civil rights movements went northward, addressing issues like fair housing, de jure vs. de facto segregation, and economic relief. Inner-city riots, including Watts, Detroit, Oakland, Philadelphia, and Newark, also occurred during the era.
• Geographic concentration of Hispanics is a matter of note.
• Other rights movements include women's rights (Equal Rights Amendment, equal pay, legal recognition of sexual harassment, and gender parity), LGBTQ+ rights (same-sex marriage, trans rights), and rights for the elderly, disabled, Asian Americans, and Indigenous peoples.
• Civil liberties, fundamental freedoms, are protected from government interference by civil liberties.
• Incorporation of state laws under the Bill of Rights relies on the 14th Amendment.
• The 14th Amendment's due process and equal protection clauses, along with areas of incorporation (Freedom of speech, press, and religion, rights of the accused, and the right to privacy), are key components of discussions about civil liberties.
• The Supreme Court's shifting ideology over time affects how civil liberties cases are decided. The Court's decisions regarding the accused, particularly those involving searches, seizures, self-incrimination, double jeopardy, counsel, cruel and unusual punishments, and the right to privacy, are crucial.
• The 2022 Supreme Court term was notable for conservative decisions.
• Ohio's voters upheld abortion rights, and Virginia voters rejected a plan for a political trifecta in November 2023.
• The future political landscape is a key area of interest.

Definition of Civil Liberties

• Fundamental freedoms protecting the rights of a free people, which the government cannot abridge.

Freedom of Speech

• Schenck v. United States (1919) established the "clear and present danger" doctrine, which is related to threatening speech.
• Stromberg v. California (1931) related to non-threatening expression.
• Texas v. Johnson (1989) addressed flag burning; Roth and Miller cases involved obscenity.

Freedom of the Press

• Prior restraint, like government censorship in cases like Near v. Minnesota (1931), is addressed in the context of freedom of the press.
• Libel and slander damages claims as covered in New York Times v. Sullivan (1964) are discussed in the context of freedom of the press.
• Pentagon Papers is related to freedom of the press.

Freedom of Religion

• The Establishment Clause and Lemon test (Lemon v. Kurtzman, 1971) are covered along with the neutrality test in the context of religious freedoms.
• School prayer cases, like Engel v. Vitale (1962) and Abington School District v. Schempp (1963), are discussed regarding religious freedoms.
• The Free Exercise Clause is an important discussion point in the context of religious freedom.

Rights of the Accused

• 4th Amendment: Illegal searches and seizures (Mapp v. Ohio, 1961), and exclusionary rule and good faith effort.
• 5th Amendment: Self-incrimination and double jeopardy (Miranda v. Arizona, 1964) and Miranda rights.
• 6th Amendment: Right to counsel and impartial jury of peers (Gideon v. Wainwright, 1963).
• 8th Amendment: Cruel and unusual punishment (death penalty, racial bias, mental capacity, age).

Right to Privacy

• Griswold v. Connecticut (1965), Eisenstadt v. Baird (1972), Roe v. Wade (1973), and Dobbs v. Jackson Women's Health Organization (2022).
• Lawrence v. Texas (2003), and Right to die.

Emerging Liberties on Guns

• 2nd Amendment (D.C. v. Heller, 2008) and requirements for concealed carry permits (New York State Rifle and Pistol Association v. Bruen, 2022) are covered.

Differences Between Civil Rights and Civil Liberties

• Civil rights, ensured by government power, protect people from unequal treatment, while civil liberties, protected from government power, guarantee fundamental freedoms.

The Court's Shifting Ideology and Decisions

Test your knowledge on key Supreme Court cases and constitutional amendments in this engaging quiz. Topics include abortion rights, free speech, and individual liberties as defined by landmark rulings. Challenge yourself with questions about the interpretations of civil rights and the nuances of various amendments.