Chapter 4-5 Review Guide PDF

C4 (Civil Liberties) and C5 (Civil Rights) Review Sheet KEY Directions: Fill-in-the-blank with the correct vocabulary term using the lecture slides. Chapter 4 Civil liberties are protections from government power and are different from civil rights. Habeas corpus refers to the right of an individual...

C4 (Civil Liberties) and C5 (Civil Rights) Review Sheet KEY Directions: Fill-in-the-blank with the correct vocabulary term using the lecture slides. Chapter 4 Civil liberties are protections from government power and are different from civil rights. Habeas corpus refers to the right of an individual in custody to be brought before a judge for an open trial. Selective incorporation–Bill of Rights could be selectively applied as limits on the states through the 14th Amendment. Establishment clause–freedom from the state imposing any particular religion. Free exercise clause–freedom to practice one’s religion of choice without state interference. It also protects the right to be a nonbeliever. The “clear and present danger” test determined whether speech was protected or unprotected based on capacity to represent a danger to society The “imminent lawless action” test says as long as speech falls short of actually inciting action, it cannot be prohibited even if it is subversive. Some speech is not protected at all, which includes statements made in “reckless disregard of the truth” that are damaging to the victim. When written, it is libel. When spoken, it is slander. Due process of law is the right of citizens to be free of arbitrary action by national or state government. Exclusionary rule–courts can exclude illegally obtained evidence. Double jeopardy–a person cannot be tried twice for the same crime. Directions: answer the following using the assigned textbook and/or the lecture slides. When tech companies like Apple or Google resist government attempts to gain their assistance in obtaining private citizen data, their refusal is based on long-running disputes between which two political values? Liberty versus security What rule is the most dramatic restraint imposed by the courts on police behavior because it rules out precisely the evidence that produces a conviction? Exclusionary rule If you were engaging in a public event, involving speakers, protests, and passing out leaflets, you would most likely be involved in what free speech category? speech plus Which constitutional issue is most likely to have a day-to-day impact on your educational experience? free speech What four Amendments to the U.S. Constitution, taken together, define due process of law? Fourth, Fifth, Sixth, and Eighth Why do “fighting words” fall outside constitutional protection? directly incite violence What are the three requirements of the Lemon Test? Government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to "excessive entanglement" with religion. What did the 2013 Supreme Court case of Maryland v. King uphold? Police could perform DNA testing of arrestees without the need of individualized suspicion. What was decided in the Supreme Court case West Virginia State Board of Education v. Barnette (1943)? The Court upheld the rights of children of Jehovah’s Witness family to refuse to salute and pledge allegiance to the flag on grounds that their religious faith did not permit it. What was decided in the Supreme Court case Burwell v. Hobby Lobby Stores (2014)? The Court ruled that the owners did not have to provide female contraceptive coverage due to their religious beliefs. What was decided in the Supreme Court case Holt v. Hobbs (2015)? The Court ruled that a prison policy prohibiting beards infringed on the ability of prisoners to worship as they pleased. What Supreme Court case indentified “clear and present danger?” Schenck v. United States (1919) What Supreme Court case discarded the “clear and present danger” test and replaced it with the “imminent lawless action” test? Brandenburg v. Ohio (1969) What Supreme Court case declared that provisions limiting campaign spending by or on behalf of the candidates was unconstitutional? Buckley v. Valeo (1976) What Supreme Court case ruled that political advocacy groups’ issue ads were protected speech as long as the ads focused on the issues and not appeals to vote for or against a candidate? Federal Election Commission v. Wisconsin Right to Life (2003) What Supreme Court case ruled that a law that banned corporate funding of independent electioneering broadcasts was unconstitutional? Citizens United v. Federal Election (2010) What Supreme Court case ruled that for a story about a public official to be libelous, it not only had to be untrue but also had to result from “actual malice” or “reckless disregard” for the truth? New York Times Co. v. Sullivan (1964) What Supreme Court case effectively applied the 2nd Amendment to states/localities, meaning they cannot ban the ownership of a firearm kept in a person’s home? McDonald v. Chicago (2010) What Supreme Court case was the first to decide whether the 2nd Amendment protects the right to keep and bear arms for self-defense or whether the right was only intended for state militias? District of Columbia v. Heller (2008) Directions: Fill-in-the-blank with the correct vocabulary term using the lecture slides. Chapter 5 Civil rights are what the government must do to guarantee equal citizenship and protect citizens from discrimination. The “strict scrutiny test” places the burden of proof on government to show a law in question on racial discrimination cases is constitutional. De jure segregation: literally, “by law”; refers to legally enforced practices, such as school segregation in the South before the 1960s. De facto segregation literally, “by fact”; refers to practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today. Gerrymandering is the apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party. The lowest level of scrutiny is the rational basis test (normal standard of review applied when considering due process or equal protection questions under the 5th and 14th Amendments.) The challenged law must have a legitimate state interest. The second level of scrutiny is the intermediate scrutiny test (sex-based classifications, illegitimacy, or sexual orientation). The challenged law must negatively affects certain protected classes. Advances an important government interest and is substantially related to that interest. The highest level of scrutiny is the strict scrutiny test (action applies to race or national origin). A fundamental constitutional right has to be infringed upon. The challenged law must further a "compelling governmental interest” and have narrowly tailored the law to achieve that interest. Directions: answer the following using the assigned textbook and/or the lecture slides. In 2013 the Supreme Court struck down which part of the 1965 Voting Rights Act? preclearance According to the textbook reading, discriminatory government officials have used gerrymandering to dilute which voting group's power (besides African Americans) through the drawing of district lines more recently? Latino The "separate but equal" doctrine allowed what practice? A system of segregated social facilities. If your state passed a law that lowered the age to buy alcohol to 18 from 21 and the issue went to federal court, which level of scrutiny would the courts use to determine if this law was constitutional? rational basis test If employees of a company observe an established pattern that pay was determined based on their gender, they could sue for discrimination in pay equity because of what act? Lilly Ledbetter Act In 2015 the Supreme Court, in Obergefell v. Hodges, declared what? That same-sex couples had the right to marry in all states. If you brought a case to the federal courts concerning an issue involving racial classification, what level of scrutiny would be used to determine if a civil right had been violated? strict scrutiny What Supreme Court case overturned some provisions of the Voting Rights Act, especially the “preclearance” formula, which was more than 40 years old? Shelby County v. Holder (2013)