POSC 100: Chapter 4 Flashcards
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Questions and Answers

The Constitution provides a basis for a right to privacy.

True

Imagine two government actions. The first is a Supreme Court ruling that the government cannot prevent someone from sending out pamphlets protesting a war. The second is a government agency that reviews complaints about racial and gender discrimination by employers. The first example deals with ___, whereas the second deals with ___.

  1. civil liberties; 2. civil rights

Which amendment specifies the right to bear arms?

Second

How has the government protected the right to privacy?

<p>Various Supreme Court cases have recognized the right to privacy.</p> Signup and view all the answers

Match each amendment with its purpose:

<p>Fourth Amendment = Protects against unreasonable searches and seizures Fifth Amendment = Protects citizens from being tried twice for the same alleged crime (double jeopardy) Sixth Amendment = Protects citizens by giving the right to receive counsel for the defense of a crime Eighth Amendment = Protects citizens from being tortured or excessively threatened</p> Signup and view all the answers

Which case formally established the right to privacy?

<p>Griswold v. Connecticut</p> Signup and view all the answers

Over time, the Supreme Court has been more restrictive in its protection of the right to privacy.

<p>False</p> Signup and view all the answers

The ____ Amendment's ___ is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the ___ has to do with Congress prohibiting or interfering with the practice of religion.

<ol> <li>first; 2. establishment clause; 3. free exercise clause</li> </ol> Signup and view all the answers

Which of these companies would likely win their lawsuits over commercial speech rights?

<p>A company is suing after being blocked from distributing mailers about various contraceptive options, sexually transmitted diseases, and family planning due to a government regulation prohibiting the mailing of unsolicited advertisements for contraceptives.</p> Signup and view all the answers

How does the 'wall of separation' apply to the establishment clause?

<p>The 'wall of separation' refers to the dissociation between church and state.</p> Signup and view all the answers

The Bill of Rights was essential for protecting rights because the original Constitution lacked any protected rights.

<p>False</p> Signup and view all the answers

Which statements about the death penalty are correct?

<p>The Supreme Court has restricted the cases in which the death penalty can be applied.</p> Signup and view all the answers

The United States has passed laws that make it illegal to say anything that might challenge the government.

<p>True</p> Signup and view all the answers

Imagine that you have been arrested for a speech criticizing the government. In which years and at which levels of government would this be an unconstitutional violation of your civil liberties?

<p>Unconstitutional - The year is 1986, and you were arrested by the state government; The year is 1886, and you were arrested by the federal government; The year is 1986, and you were arrested by the federal government. Constitutional - The year is 1886, and you were arrested by the state government.</p> Signup and view all the answers

Match each First Amendment concept to its definition.

<p>Speech plus = Speech accompanied by actions such as protesting Prior restraint = Government efforts to block the publication of material Public forum doctrine = Protection of public spaces traditionally used for assembly</p> Signup and view all the answers

The Fourth Amendment protects citizens from unreasonable ___ by making illegally obtained evidence ___ in court.

<ol> <li>searches and seizures; 2. inadmissible</li> </ol> Signup and view all the answers

Put the items related to the evolution of the right to privacy in order from oldest to most recent.

<ol> <li>The Supreme Court rules in favor of marital privacy in contraceptive use; 2. The Supreme Court expanded the right to privacy with regard to abortions; 3. The Supreme Court ruled that LGBTQ persons have a right to privacy.</li> </ol> Signup and view all the answers

Label each scenario of government action or public policy with the aspect of the First Amendment it most likely violated.

<p>Free exercise clause = Government action affecting religious practice Establishment clause = Government action favoring a particular religion Both = Government actions impacting both religious practices and establishment</p> Signup and view all the answers

Study Notes

Right to Privacy and Civil Liberties

  • The Constitution establishes a foundational right to privacy.
  • Various Supreme Court cases have affirmed the right to privacy, shaping its legal protections.
  • Key case: Griswold v. Connecticut formally recognized the right to privacy.

Civil Liberties vs. Civil Rights

  • Civil liberties pertain to individual freedoms protected from government action (e.g., free speech during protests).
  • Civil rights focus on the government's duty to prevent discrimination and ensure equality (e.g., complaints about employer discrimination).

First and Second Amendments

  • The Second Amendment affirms the right to bear arms.
  • The First Amendment includes:
    • Establishment clause: prohibits Congress from favoring a specific religion.
    • Free exercise clause: prevents Congress from interfering with religious practices.

Bill of Rights

  • Initially, the original Constitution did not include guaranteed rights; however, the Bill of Rights was critical in enshrining protections for citizens.
  • The Supreme Court has previously placed temporary bans on the death penalty and has narrowed its applicability over time.
  • The use of the death penalty has declined in recent years.

Freedom of Speech and Prior Restraint

  • Prior restraint refers to governmental attempts to block material publication.
  • "Speech plus" includes speech paired with actions, like protests.
  • Public forum doctrine protects areas traditionally used for assembly and expression.

Fourth Amendment Protection

  • The Fourth Amendment guards against unreasonable searches and seizures, declaring illegally obtained evidence inadmissible in court.

Evolution of Privacy Rights

  • The Supreme Court has historically expanded privacy rights, initially ruling on marital privacy concerning contraceptives, then abortion, and later recognizing privacy rights for LGBTQ individuals.

Government Actions and First Amendment Violations

  • Unconstitutional arrests for speech criticizing the government occur under both state and federal governments during various historical contexts.

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Test your understanding of key concepts from Chapter 4 of POSC 100. This quiz focuses on the Constitution's role in privacy rights and the government's actions regarding discrimination. Use these flashcards to reinforce your learning and readiness for examinations.

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