Court Cases
What do the court cases Engel v Vitale and Wisconsin v Yoder have in common?
They both deal with the first amendment freedom of religion
Which clause ensures that states must provide the following:
Due Process Clause
What does the 2nd amendment protect?
The right to bear arms
What common constitutional amendment do both Schenck v United States and Tinker v Des Moines deal with? Include the number and what part of that amendment.
First amendment freedom of speech
Which clause guarantees freedom of religion?
Free Exercise Clause
1st amendment rights
Name ALL of them
Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.
How has the president restricted civil liberties in the past?
John Adams, Alien and Sedition Act
Executive Order 9066 interment camp of japanese americans
Lincoln suspending habius corpus
What did Brown v. Board of Education strike down? Extra points if you can identify the court case it struck down.
Legalized Segregation/Jim Crow laws/Separate but equal
Plessy v. Fergusson
Which clause was created after the Civil War to stop states from discriminating against non-white individuals?
Equal Protection Clause
What does the 14th amendment do?
the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.
What is the difference between Civil Rights and Civil Liberties?
Civil rights refer to legal provisions that stem from notions of equality. Civil rights are not in the Bill of Rights; they deal with legal protections. For example, the right to vote is a civil right. A civil liberty, on the other hand, refers to personal freedoms protected from government intrusion such as those listed in the Bill of Rights. For example, the First Amendment's right to free speech is a civil liberty.
How has the supreme court restricted civil liberties in the past?
Schenck v US
Plessy v Ferguson
What did Gideon v. Wainwright ensure?
States must follow the 6th amendment, must provide an attorny
Which clause requires that there be a separation of church and state?
Establishment Clause
What does the 6th amendment do?
guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
How has the supreme court expanded civil liberties?
hint, think of court cases
Wisconsin v yoder
tinker v. des moines
gideon v. wainwright
Miranda v Arizona (miranda rights)
How can the electoral system restrict civil liberties?
electoral system elects representatives who then have the power to make laws that restrict liberties. if electoral system is warped or unfair (gerry mandering, voter suppression ext.) then those reps that are elected can further restrict liberties
Which court case protected the press against government censorship?
New York Times v. United States
Which Clause requires that any search of a person or their premises (including a vehicle), and any seizure of tangible evidence, must be reasonable
Search and Seizure Clause
What does the 5th amendment protect?
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
What are the three functions of due process?
procedural due process (in civil and criminal proceedings); substantive due process, a prohibition against vague laws; and a vehicle for the incorporation of the Bill of Rights
How can Federalism restrict civil liberties?
States have freedom in how they enforce laws
ex: Brown vBoard of Ed 1, segregation in schools are now illegal but states took their sweet time doing it
ex:After the Civil war and the passage of the 15th amendment, southern states had to allow african americans the vote but had the discretion to institute poll taxes and grandfatehr clauses