Civil Liberties
Criminal Defendant Rights
Fighting for Civil Rights
Randomly Random
What was the intent of the Patriot Act?
To prevent another terrorist attack.
Why did the framers of the Constitution include so many protections for criminal suspects?
When Britain ruled, people did not have these types of protections. Therefore, the founders wanted to create a new government that allowed people to have their liberty.
True or False: The Equal Rights Amendment was added to the Constitution
False...Not enough states ratified the congressional proposal.
True or False: A person who burns the US flag as a form of political protest is violating the US Constitution.
False...Texas v. Johnson stated that this action is protected by the US Constitution.
Which provision in the 14th Amendment provides the rationale for selectively incorporating the Bill of Rights to the states?
Due Process Clause
Why was the Bill of Rights added to the Constitution?
To appease the Anti-Federalists who were worried that the central government would ignore people's basic civil liberties if these liberties were not WRITTEN down for all people to see.
How did Gideon v. Wainwright affect civil liberties of criminal suspects?
Forces states to provide legal counsel to people accused of committing a crime. It selectively incorporated the 6th Amendment
Describe how the New Jersey v TLO precedent affects student rights.
A school official only needs a "reasonable suspicion" to search a student. This is a much lower burden of proof compared to "probable cause", thus students do not have FULL due process rights while inside their school.
What precedent came from Mapp v. Ohio?
States must follow the exclusionary rule.
Why did many southern states use literacy tests and poll taxes?
These policies were used by many states to prevent Black people from voting after the Civil War.
What phrase describes the gradual process of incorporating individual Bill of Right liberties to the states?
Selective Incorporation
How did Miranda v. Arizona affect civil liberties of criminal suspects?
The police must tell someone their DUE PROCESS rights after the suspect is detained.
Describe the effects of Congress passing Title IX.
Schools receiving federal funding are not allowed to discriminate based upon a student's gender.
How are Roe v. Wade and Griswold v. Connecticut similar?
Both cases set and established the precedent that people have privacy rights even though the Constitution does not specifically mention the word.
True or False: The "Don't Ask, Don't Tell Policy" prevented gay people from serving in the US military.
False: DADT allowed gay people to serve, BUT they could not openly state their sexual orientation.
Which court case set the precedent of forcing states to recognize parts of the Bill of Rights on a case-by-case basis (aka Selective Incorporation)?
Gitlow v. New York
Explain the meaning of a bill of attainder.
This allows a legislature to formally declare a person guilty without giving them a trial.
How does marriage differ from a civil union?
A marriage currently allows a couple to receive federal benefits. According to DOMA, the federal government only recognizes marriage between a man and a woman. A civil union allows a gay couple to receive legal recognition in certain states that recognize these relationships. A couple in a civil union cannot currently receive federal marriage benefits.
What is the intent of the Lemon Test?
The Lemon test was created to decide if a government policy violates the establishment clause of the 1st Amendment.
Identify 2 procedural due process rights.
Many possible answers: - Eminent domain rights - Right to counsel - Free from illegal searches/seizures - Plead the 5th - No cruel/unusual punishment - Right to a speedy trial - Right to a jury trial
What does a writ of habeas corpus force the government to do?
The government must present an arrested person before a judge to learn why they have been arrested by the police.
How does FEDERALISM play a role in the use of the death penalty by the states?
Federalism means that powers are divided and shared by the state and national governments. States have the option of using the death penalty, BUT the national government cannot force states to use the death penalty. Therefore, states can create their own forms of punishment that follow the principles of the US Constitution.
1. What is the purpose of affirmative action programs? 2. Why are affirmative action programs so controversial?
1. To fix the historical discrimination certain groups of people experienced over many generations. 2. Many people believe that affirmative action programs violate the equal protection clause since the groups that once received discrimination are given an advantage in being hired or admitted to a university.
List the precedent created in the Bakke case.
Affirmative action is acceptable, though race/gender can only be a factor in hiring/admitting a person--race/gender can't be the SOLE reason for hiring/admitting a person. Racial quotas were banned--not a narrowly tailored policy to increase diversity.
Which two components must the government meet in order to deprive a group of people a fundamental liberty AND/OR discriminate based upon race?
1. The government must have a COMPELLING REASON. 2. The government policy must be NARROWLY TAILORED.