49 Questions
According to the text, who does the U.S. Constitution protect the freedoms and rights of?
All individuals
What is the distinction made by political scientists and legal experts between civil liberties and civil rights?
Civil liberties protect freedoms upon which governments may not legally intrude, while civil rights protect freedoms upon which governments may legally intrude.
What does the First Amendment of the U.S. Constitution protect?
The right to follow any religion of choice, even if politicians and judges think it is inappropriate
Which amendment to the Constitution guarantees the right to vote?
Fifteenth Amendment
Who is considered the author of the Fourteenth Amendment?
Salmon P. Chase
Which case established that the Bill of Rights applied only to actions by the federal government, not state or local governments?
Barron v. Baltimore
Which laws were passed by Congress in 1798 to restrict speech critical of the federal government or its officials?
Alien and Sedition Acts
According to the text, the privileges or immunities clause in the Fourteenth Amendment ensures that states treat citizens of other states the same as their own citizens. True or False?
True
Which provision of the Fourteenth Amendment extends certain fundamental liberties to the states?
The due process clause
According to the text, the Supreme Court has ruled that states must use grand juries to indict individuals accused of crimes. True or False?
False
Selective incorporation is the process by which the Constitution explicitly inserts parts of the Bill of Rights into state laws and constitutions. True or False?
False
Which of the following is NOT a way in which the Constitution limits the power of Congress in Article I, Section 9?
Prohibiting the suspension of the right to trial by jury
What is a bill of attainder?
A law that convicts or punishes someone for a crime without a trial
Which Supreme Court case ruled that the government could not bypass the civilian court system in states where it was operating during the Civil War?
Ex parte Milligan
Which of the following is a reason why the Federalists argued against including a separate bill of rights in the Constitution?
All of the above
Which organization is one of the oldest interest groups in the United States and its mission is to defend and preserve the individual rights and liberties guaranteed by the Constitution and laws of the United States?
The American Civil Liberties Union (ACLU)
What did the framers of the Constitution believe were more pressing concerns than the protection of civil rights and liberties?
Maintaining the fragile union and dealing with internal unrest and external threats
What did the Declaration of Independence express about the colonists' belief in their rights and liberties?
They had certain inalienable or natural rights that no ruler had the power or authority to deny
What is the purpose of civil rights guarantees in the Constitution?
To ensure that government officials treat people equally and make decisions based on merit
According to the text, why did the Anti-Federalists believe that a bill of rights was necessary?
They believed that the Constitution's authors did not foresee all the legislative matters that Congress would have power over
According to the text, why did the framers of the Constitution agree to incorporate provisions suggested by the ratifying states as amendments to the Constitution?
To address the serious point of contention regarding the Constitution's lack of specified rights
According to the text, what was the result of James Madison proposing a package of amendments in the First Congress?
Ten of the amendments were successfully ratified and became known as the Bill of Rights
According to the text, what was one of the most serious debates between the Federalists and the Anti-Federalists?
The necessity of limiting the power of the new federal government with a Bill of Rights
Which amendment of the U.S. Constitution protects the right to defend oneself in one's home or property?
Second Amendment
Which provisions of the Bill of Rights protect people suspected or accused of criminal activity or facing civil litigation?
Fourth, Fifth, Sixth, Seventh, and Eighth Amendments
What is the purpose of the Third Amendment of the U.S. Constitution?
To prohibit the government from commandeering people's homes to house soldiers
Which of the following rights does the First Amendment protect?
Freedom of expression
During which time period did controversies over freedom of expression become more common?
After World War I
What led to new public concerns about morality and government censorship of lewd content?
Emergence of photography and movies
Which borough in Bergen County, New Jersey, has laws that shutter many retail stores every Sunday?
Paramus
What is the rationale for eliminating the restrictions on Sunday retail closures in Bergen County, New Jersey?
All of the above
What is the term used to describe the acknowledgement of God or a creator that lacks any substantive religious content?
Ceremonial deism
In which state did the courts order the removal of a Ten Commandments sculpture at the state capitol?
Oklahoma
Which of the following is true about the Lemon test?
It is used to determine whether a law promotes a particular religious practice.
Which of the following is true about the secular-purpose prong of the Lemon test?
It is satisfied if the law has a non-religious justification.
What is the main concern when determining whether a law leads to excessive government entanglement with religion?
The extent of government effort required to police the boundary between government and religion.
Why are court decisions on the establishment clause often related to education?
Education is considered a special and vulnerable population.
Which organization was involved in the 2014 Supreme Court case known as Burwell v. Hobby Lobby?
Hobby Lobby chain of stores
In the 2015 controversy surrounding state RFRAs, what services were individuals and businesses compelled to provide for same-sex weddings?
Catering and photography
What was the outcome of the U.S. Supreme Court case Masterpiece Cakeshop v. Colorado Civil Rights Commission?
The baker's rights were ruled in favor
What public interests have the courts consistently found to override the free exercise clause?
Polygamy, drug use, and human sacrifice
In which case did the Supreme Court rule that a person claiming to be a conscientious objector must be opposed to serving in any war, not just some wars?
Gillette v. United States
What is the name of the standard established by the Supreme Court in Sherbert v. Verner and Wisconsin v. Yoder for deciding whether a law can limit or burden a religious practice?
The Sherbert test
What controversial decision did the Supreme Court make in Employment Division v. Smith?
The court ruled that the compelling governmental interest standard should not apply
What law was passed by Congress in response to the Supreme Court's decision in Employment Division v. Smith?
The Religious Freedom Restoration Act (RFRA)
Which of the following is true about the establishment clause in the United States?
It prohibits the creation of a state-sponsored religion.
What was the main reason for the reemergence of worry about state sponsorship of religion in the United States in the late nineteenth century?
An influx of immigrants from Ireland and eastern and southern Europe brought large numbers of Catholics.
What is the key question that faces the courts regarding the establishment clause?
Whether the establishment clause should be understood as imposing a separation between church and state.
What does the establishment clause in the United States forbid the government from doing?
All of the above.
Study Notes
The U.S. Constitution and Civil Liberties
- The U.S. Constitution protects the freedoms and rights of citizens.
- Political scientists and legal experts distinguish between civil liberties (individual freedoms) and civil rights (protections against discrimination).
The First Amendment
- The First Amendment protects freedom of speech, press, religion, assembly, and petition.
- The First Amendment also guarantees the right to express opinions and beliefs.
Amendments and Civil Rights
- The 14th Amendment guarantees the right to vote and extends certain fundamental liberties to the states.
- The 14th Amendment's privileges or immunities clause ensures that states treat citizens of other states the same as their own citizens.
- The author of the 14th Amendment is considered to be John Bingham.
Historical Context
- The Alien and Sedition Acts of 1798 restricted speech critical of the federal government or its officials.
- The Supreme Court case of Barron v. Baltimore (1833) established that the Bill of Rights applied only to actions by the federal government, not state or local governments.
- The framers of the Constitution believed that more pressing concerns, such as establishing a functional government, took priority over the protection of civil rights and liberties.
Interest Groups and Civil Liberties
- The American Civil Liberties Union (ACLU) is one of the oldest interest groups in the United States, dedicated to defending and preserving individual rights and liberties guaranteed by the Constitution and laws of the United States.
Civil Rights and Liberties
- The purpose of civil rights guarantees in the Constitution is to protect citizens from government abuse and ensure equal treatment under the law.
- The framers of the Constitution agreed to incorporate provisions suggested by the ratifying states as amendments to the Constitution, leading to the Bill of Rights.
The Bill of Rights
- The Bill of Rights protects people suspected or accused of criminal activity or facing civil litigation through provisions such as the right to a fair trial and protection against self-incrimination.
- The Second Amendment protects the right to defend oneself in one's home or property.
- The Third Amendment protects citizens from being forced to quarter soldiers in their homes during peacetime.
Freedom of Expression and Religion
- The First Amendment protects freedom of expression, including speech, press, and assembly.
- Controversies over freedom of expression became more common during the 1960s and 1970s.
- The Lemon test is used to determine whether a law establishes a religion or prohibits the free exercise of religion.
- Court decisions on the establishment clause often relate to education, as public schools and universities are often at the center of disputes over religious expression.
Religious Freedom and the Courts
- The Supreme Court has consistently found that public interests, such as health and safety, can override the free exercise clause.
- The courts have established that a person claiming to be a conscientious objector must be opposed to serving in any war, not just some wars.
- The Supreme Court established the Sherbert v. Verner and Wisconsin v. Yoder standard for deciding whether a law can limit or burden a religious practice.
- The Supreme Court made the controversial decision in Employment Division v. Smith, which limited the protections of the free exercise clause.
Quiz: Understanding the Debate between Federalists and Anti-Federalists Test your knowledge of the Federalists and Anti-Federalists with this quiz. Explore the arguments surrounding the inclusion of a Bill of Rights in the Articles of Confederation and the Anti-Federalists' concerns about the elastic clause. Find out if you can distinguish between the two opposing viewpoints in early American politics.
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