Constitutional Rights and Government Roles
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Questions and Answers

Which branch of government has the role of proposing legislation or signing executive orders to resolve conflicts about rights?

  • Congress
  • The Courts
  • The People
  • The President (correct)

What is a key role of the courts in relation to individual rights?

  • Contracting rights without any conditions
  • Protecting and sometimes limiting rights (correct)
  • Only expanding rights uniformly
  • Totally ignoring rights of individuals

What perspective characterizes someone who supports a wall of separation between church and state?

  • An accommodationist
  • A separationist (correct)
  • An establishmentarian
  • A moderate

Which of the following groups is NOT mentioned as using courts or lobbying for legislation?

<p>U.S. Chamber of Commerce (B)</p> Signup and view all the answers

Which case established the Lemon Test?

<p>Lemon v. Kurtzman (A)</p> Signup and view all the answers

What amendment prohibits states from denying equal protection of the laws?

<p>Fourteenth Amendment (D)</p> Signup and view all the answers

What ruling did the Supreme Court make in Kennedy v. Bremerton School?

<p>Coach's prayers should be seen as private speech (B)</p> Signup and view all the answers

Which of the following rights is protected by the Constitution but not included in the Bill of Rights?

<p>Habeas Corpus (C)</p> Signup and view all the answers

The Lemon Test includes which criteria?

<p>Law has secular intent (B)</p> Signup and view all the answers

What does the House Un-American Activities Committee primarily focus on?

<p>Investigating alleged disloyalty and subversive activities (B)</p> Signup and view all the answers

What is an accommodationist perspective on religion in government?

<p>Allows some government support for religion (C)</p> Signup and view all the answers

To what does the term 'ex post facto laws' refer?

<p>Laws that change the legal consequences of actions after they have been committed (C)</p> Signup and view all the answers

Which of the following was ruled unconstitutional by the Supreme Court regarding public schools?

<p>Reading the Ten Commandments (B)</p> Signup and view all the answers

What does the Establishment Clause primarily address?

<p>Preventing government endorsement of religion (C)</p> Signup and view all the answers

What factor influenced the application of the Bill of Rights before the Civil War?

<p>Limitations were directed solely at Congress (B)</p> Signup and view all the answers

Which of the following is a potential consequence of excessive government entanglement with religion?

<p>Violation of individual rights (A)</p> Signup and view all the answers

What defines civil liberties?

<p>Rights guaranteed to the people and protected by government (A), Individual freedoms that place limitations on the power of government (B)</p> Signup and view all the answers

What distinguishes civil rights from civil liberties?

<p>Civil rights are rights guaranteed to the people and protected by government (D)</p> Signup and view all the answers

The origins of individual rights and citizenship are attributed to which group of thinkers?

<p>Enlightenment thinkers (A)</p> Signup and view all the answers

What is a potential conflict arising from individual rights?

<p>Individuals' rights can conflict with each other's rights (D)</p> Signup and view all the answers

What was the prevailing view about individuals' rights before the Enlightenment?

<p>Individuals had no rights against the government and were considered subjects (C)</p> Signup and view all the answers

Why are rights considered to represent power?

<p>Rights can create conflicts between individuals and society's needs (A)</p> Signup and view all the answers

What role does government play regarding individual rights?

<p>Government must respect and protect individuals' rights (C)</p> Signup and view all the answers

What can be a complicating factor in the exercise of rights within a democracy?

<p>Conflicts can exist between different individuals' rights (A)</p> Signup and view all the answers

What needs to be obtained before police can search a home?

<p>A warrant based on evidence of a crime (B)</p> Signup and view all the answers

Which of the following is NOT an exception for police searches without a warrant?

<p>Search of a home for stolen property (D)</p> Signup and view all the answers

What does the Exclusionary Rule entail?

<p>Only evidence obtained legally can be used in court (A)</p> Signup and view all the answers

What was a key ruling in the case of Katz v. U.S. regarding phone tapping?

<p>A warrant must be obtained before phones can be tapped (C)</p> Signup and view all the answers

What does the 5th Amendment protect against?

<p>Being compelled to witness against oneself (B)</p> Signup and view all the answers

What must police inform suspects of according to Miranda v. Arizona?

<p>Their right to remain silent and to have an attorney present (D)</p> Signup and view all the answers

What does the 6th Amendment guarantee?

<p>The right to legal counsel for the defense (C)</p> Signup and view all the answers

Which case extended the right to counsel to federal criminal cases for indigent defendants?

<p>Johnson v. Zerbst (C)</p> Signup and view all the answers

What was the original purpose of the 2nd Amendment?

<p>To enable states to have militias for security. (D)</p> Signup and view all the answers

Which act created a national gun registry?

<p>Firearm Owner Protection Act (1986) (A)</p> Signup and view all the answers

Which act extended background checks for individuals under 21?

<p>Bipartisan Safer Communities Act (2022) (A)</p> Signup and view all the answers

What did the Brady Act establish?

<p>Waiting periods for background checks. (B)</p> Signup and view all the answers

What is a common misconception about the 2nd Amendment's interpretation?

<p>It provides an individual right to bear arms. (A)</p> Signup and view all the answers

What was one effect of the Gun Control Act (1968)?

<p>It prohibited sales to felons and minors. (B)</p> Signup and view all the answers

What legal protection does the Protection of Lawful Commerce in Arms Act (2005) provide?

<p>Legal immunity for firearms manufacturers. (C)</p> Signup and view all the answers

Which of the following statements is accurate regarding federal gun legislation?

<p>Federal gun legislation has been minimal overall. (A)</p> Signup and view all the answers

What was the main outcome of Dobbs v Jackson (2022)?

<p>Overturned Roe v. Wade and affected state-level abortion laws. (B)</p> Signup and view all the answers

Which case overturned Bowers v. Hardwick on privacy grounds?

<p>Lawrence v. Texas (B)</p> Signup and view all the answers

According to Dobbs v Jackson, how must a right be protected by the Constitution?

<p>It must be explicitly stated in the Constitution's text or deeply rooted in history. (A)</p> Signup and view all the answers

Which statement about LGB rights is accurate based on the provided content?

<p>LGB rights are protected under the 14th Amendment’s equal protection clause. (C)</p> Signup and view all the answers

Which is NOT listed as a basic duty that comes with rights according to the Constitution?

<p>Attend mandatory education (D)</p> Signup and view all the answers

Flashcards

Civil Liberties

Individual freedoms that limit the power of the government.

Civil Rights

Rights guaranteed to people and protected by the government.

Enlightenment Thinkers

Philosophers who believed individuals had rights.

Rights in a Democracy

Individual rights are fundamental and must be protected by the government.

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Conflicting Rights

Individual rights can oppose one another or conflict with societal needs.

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Individual Rights vs. Society

Individual liberties can sometimes clash with the needs and demands of communities.

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Rights Conflict

Conflicts arise when balancing individual rights with the needs of a community or society.

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Origin of Rights

The idea of individual rights stemmed from Enlightenment philosophers.

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Wall of Separation

The principle that there should be strict separation between church and state, preventing government from endorsing or interfering with religion.

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Separationist

Someone who supports a clear separation between church and state, advocating for minimal government involvement in religious matters.

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Accommodationist

Someone who supports a more accommodating approach to religion in government, allowing for some level of cooperation or interaction between the two.

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Lemon Test

A three-part legal test used to determine whether a government action violates the Establishment Clause, focusing on secular purpose, neutrality towards religion, and excessive entanglement.

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Establishment Clause

A clause in the First Amendment that prohibits the government from establishing an official religion or favoring one religion over another.

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Kennedy v. Bremerton School (2022)

A Supreme Court case that involved a coach praying silently on the 50-yard line after football games. The Court ruled that the coach's prayers were private speech, not government speech, and overturned the Lemon Test.

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Private Speech

Speech that is not considered to be government speech, even if it occurs in a government setting.

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Government Speech

Speech that is considered to be uttered by the government, whether spoken by government officials or individuals representing the government.

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2nd Amendment Purpose

Originally, the 2nd Amendment aimed to ensure states could form militias to limit federal power.

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2nd Amendment Interpretation

Since the Civil War, some interpret the 2nd Amendment as an individual right to own guns for any reason.

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National Firearms Act (1934)

This act regulated the sale of machine guns, short-barreled guns, and silencers.

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Gun Control Act (1968)

This act prohibited gun sales to specific groups like felons, mentally ill people, and minors.

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Firearm Owner Protection Act (1986)

This act created a national registry for gun ownership.

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Brady Act (1993)

This act created the national background check system for gun purchases and required waiting periods.

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Assault Weapons Ban (1994-2004)

This act prohibited the manufacture and sale of certain types of semi-automatic firearms.

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Protection of Lawful Commerce in Arms Act (2005)

This act shielded gun manufacturers from lawsuits related to gun violence.

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What is the Exclusionary Rule?

Evidence obtained illegally cannot be used in court to convict someone in federal cases.

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Mapp v. Ohio

This Supreme Court case extended the 4th Amendment protection against unreasonable searches and seizures to state cases through the 14th Amendment.

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Good Faith Exception

Evidence is admissible even if obtained illegally if the officers acted in good faith, meaning they believed they were following legal procedures.

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5th Amendment: Self-Incrimination

The 5th Amendment guarantees the right to remain silent and not be forced to provide evidence against oneself.

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Miranda v. Arizona

This Supreme Court case established that law enforcement officers must read suspects their Miranda rights, including the right to remain silent and the right to an attorney.

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6th Amendment: Right to Counsel

The 6th Amendment guarantees the right to legal representation in criminal cases.

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Johnson v. Zerbst

This Supreme Court case extended the right to counsel to indigent defendants in federal criminal cases.

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Gideon v. Wainwright

This Supreme Court case incorporated the 6th Amendment right to counsel to state criminal cases through the 14th Amendment.

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Dobbs v. Jackson (2022)

A Supreme Court case that overturned Roe v. Wade, ruling that the Constitution does not protect a right to abortion and allowing states to regulate or ban abortion.

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Right to Privacy in the Constitution

The concept that the Constitution implicitly protects certain personal freedoms, such as the right to make decisions about one's body and intimate relationships, even if not explicitly stated.

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Lawrence v. Texas (2003)

A Supreme Court case that overturned Bowers v. Hardwick, ruling that states cannot criminalize consensual sexual activity between adults of the same sex.

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LGBTQ+ Rights and the Right to Privacy

The legal status of LGBTQ+ rights is complex, with some protections based on privacy, but others remain uncertain and subject to debate.

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Citizenship Duties

Responsibilities expected of citizens in a democracy, such as voting, paying taxes, serving in the military, and upholding loyalty to the country.

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Who benefits?

Conflicts over rights often focus on who benefits more. This can involve individuals, groups, or even the government itself. Understanding the potential advantages and disadvantages for different stakeholders helps grasp the core of the conflict.

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Rights in a democracy: Whose role?

In a democracy, various actors play a role in shaping and protecting rights. Courts interpret laws and protect individual rights, Congress creates legislation, the President can propose and sign laws, and the people can advocate for their rights through activism and lobbying.

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What are some rights listed in the Constitution?

The Constitution outlines basic rights, such as habeas corpus (right to have charges explained), protection against bills of attainder (laws punishing people without trials), and ex post facto laws (laws punishing people for actions that were legal at the time).

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The Bill of Rights and Incorporation

The Bill of Rights, originally intended to limit the federal government, has been progressively applied to state governments through a process called incorporation.

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Barron v. Baltimore (1833)

This Supreme Court case established that the Bill of Rights did not apply to actions by state governments. It highlighted the limited reach of the Bill of Rights at that time.

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14th Amendment: What does it do?

The 14th Amendment includes crucial clauses that protect individual rights against state actions. It prohibits states from abridging privileges, depriving individuals of life, liberty, or property without due process, and denying equal protection under the law.

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Civil Rights Act and Voting Rights Act

These landmark pieces of legislation expanded civil rights by prohibiting discrimination based on race, color, religion, sex, or national origin. They guaranteed equal rights and access to voting for all citizens.

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House Un-American Activities and Patriot Act: What's the difference?

While the Civil Rights Act aimed to protect individuals, the House Un-American Activities Committee and the Patriot Act exemplify measures that raised concerns about limiting individual liberties in the name of national security.

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Study Notes

Chapter 5: Fundamental American Liberties

  • Civil Liberties are governmental freedoms designed to protect government power. They also limit government power.
  • Civil liberties are rights guaranteed to individuals by the government.
  • Civil Rights are government freedoms designed to protect government power.
  • Civil rights are rights guaranteed to people, protected by the government.

Rights in a Democracy

  • The idea of individual rights and citizenship originated from Enlightenment thinkers, contradicting the common view that individuals have no rights against government.
  • Individuals with rights must have their rights protected by the government.
  • Rights are subject to conflict and controversy.
  • Individuals' rights can conflict with each other.
  • Individual rights can conflict with society's needs and the demands of collective living.
  • Individual rights are important, and there's a need to assert a political narrative to protect them.

Discussion Question: Rights in a Democracy

  • Individual rights can conflict with societal needs.
  • The Patriot Act and Covid-19 restrictions raised questions about balancing individual liberties with government action.
  • Did government intervention in these times go too far, or were these restrictions justified?

Rights in a Democracy - Conflict Resolution

  • Courts have both expanded and contracted individual rights.
  • Congress has both expanded (Civil Rights Act, Voting Rights Act) or limited certain rights (House Un-American Activities Committee, Patriot Act).
  • President can influence by signing executive orders or proposing legislation.
  • The people can influence through activism, protesting, or lobbying through groups like the ACLU, NAACP, and others.

The Bill of Rights and Incorporation

  • Prior to the Civil War, limitations in the Bill of Rights mostly applied to the federal government, but not to state governments (Barron v. Baltimore, 1833).
  • The 14th Amendment changed this.

The 14th Amendment

  • No State can abridge the privileges or immunities of its citizens.
  • No State can deprive any person of life, liberty, or property without due process.
  • No State can deny any person equal protection under the law.

Incorporation

  • The Supreme Court gradually applied the Bill of Rights protections to state governments through the 14th Amendment.
  • This process is known as incorporation.
  • Key cases like Chicago, Burlington & Quincy Railroad Co. v. Chicago (1897) and Gitlow v. New York (1925) illustrate this process.

Freedom of Religion

  • Compromises are difficult to reach about religious conflicts.
  • The concept of a "wall of separation" between church and state is discussed, including different viewpoints (establishmentarian, separationist, accommodationist).
  • The Supreme Court has ruled against certain government actions related to religious expression in schools.

Freedom of Religion - Establishment Clause

  • Judicial rulings (Lemon v. Kurtzman) and (Kennedy v. Bremerton School District) highlight different views on the relationship between church and state.

Freedom of Religion - Free Exercise Clause

  • Government power to protect citizens can override free exercise in certain circumstances (like during a pandemic).

Freedom of Expression

  • Freedom of expression empowers citizens and limits government power.
  • Speech that criticizes the government is known as Sedition, not Traision or Perdition.
  • SCOTUS established a "bad tendency" test to judge speech regulation (prior to World War I). This test was later replaced with "clear and present danger" tests.
  • Obscenity and pornography are more strictly regulated. Offensive speech is not always protected. (Miller v. California)

Freedom of Expression - Prior Restraint & Censorship

  • Prior restraint is the punishment of ideas before they are communicated.
  • Censorship, whether on the Internet or otherwise, is a complex issue. Free speech is a crucial concept in the face of censorship.

The Right to Bear Arms

  • The 2nd Amendment addresses the right to bear arms.
  • Gun control legislation has been minimal, but significant, since the late 19th century.
  • The Supreme Court rulings on the 2nd amendment have evolved over time. This has involved the limits, meaning, and extent of the right to bear arms.

The Rights of Criminal Defendants

  • Rights of criminal defendants are essential to limit government power.
  • Innocence until proven guilty is a crucial protection.
  • Due process of law is vital for fair treatment (exclusionary rule, protection from self-incrimination, right to counsel).

The Right to Privacy

  • Often seen as an implied right, the right to privacy is not explicitly stated.
  • The Supreme Court has ruled on the scope and extent of this right in cases concerning reproduction, LGBTQ rights, etc.
  • The constitutionality of abortion rights and LGBTQ+ protections was argued through a "privacy argument" before Roe v. Wade and Dobbs v. Jackson, up until the 2020s

Citizenship & Civil Liberties

  • Citizenship comes with duties, such as voting, paying taxes, and serving on juries.

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Chapter 5: Fundamental American Liberties PDF

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Test your understanding of the role of government branches in proposing legislation and resolving conflicts regarding individual rights. This quiz covers landmark cases, the Lemon Test, and important amendments that protect citizens. Challenge yourself on constitutional principles and their application in government.

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