Civil Liberties, Civil Rights

What are Civil Liberties?

Constitutional protections against the actions of the government.

What are Civil Rights?

Protections against discrimination.

What documents primarily protect individual liberties in the U.S. Constitution?

The Bill of Rights and the 14th Amendment.

What is the Bill of Rights?

The first ten amendments to the U.S. Constitution that outline individual liberties.

Which amendment provides freedom of religion, speech, press, assembly, and petition?

The First Amendment.

What does the Second Amendment protect?

The right of the people to keep and bear Arms.

What does the Third Amendment prevent?

Quartering of soldiers in private homes without consent.

What protection does the Fourth Amendment provide?

Protection against unreasonable searches and seizures.

What rights are guaranteed by the Fifth Amendment?

Rights not to incriminate oneself, protection against double jeopardy, and due process.

What are the rights protected by the Sixth Amendment?

The right to a speedy trial, an impartial jury, and legal counsel.

What is guaranteed by the Seventh Amendment?

The right to a jury trial in civil cases.

What does the Eighth Amendment prohibit?

Cruel and unusual punishment and excessive bail.

What does the Ninth Amendment state about rights?

Rights not enumerated in the Constitution are retained by the people.

What is the purpose of the Tenth Amendment?

Powers not delegated to the federal government are reserved to the states or the people.

What was the outcome of Barron v. Baltimore (1833)?

The Supreme Court decided that the Bill of Rights only applies to the federal government.

What legal principle was established by the 14th Amendment's Due Process Clause?

States cannot deprive any person of life, liberty, or property without due process.

What is selective incorporation?

The process by which the Supreme Court applies the Bill of Rights to the states through the Fourteenth Amendment.

Which case established the right to counsel for state court defendants?

Gideon v. Wainwright (1963).

What does the Fifth Amendment's Takings Clause assert?

Private property cannot be taken for public use without just compensation.

What is the significance of the Civil Rights Act of 1964?

It outlaws discrimination in various areas including public accommodations.

What does the Equal Protection Clause of the 14th Amendment guarantee?

It prohibits states from denying any person within its jurisdiction equal protection under the law.

What precedent was established by Brown v. Board of Education (1954)?

Separate educational facilities are inherently unequal.

What does the phrase 'clear and present danger' refer to?

A standard for determining when speech can be limited based on its potential to incite harmful actions.

What Supreme Court case involved symbolic speech in protest of the Vietnam War?

Tinker v. Des Moines Independent Community School District (1969).

What case established that the press cannot be censored in advance?

New York Times Co. v. United States (1971).

What is the purpose of the Miranda rule?

To inform individuals of their rights against self-incrimination and to have an attorney.

What is the significance of the Roe v. Wade decision?

It established a woman's right to make decisions about her pregnancy under the right to privacy.

What did the Supreme Court rule in McDonald v. Chicago (2010)?

The Second Amendment right to keep and bear arms is applicable to the states through the 14th Amendment.

What case addressed the issue of cruel and unusual punishment relating to the death penalty?

The court ruled that the death penalty is not necessarily cruel and unusual punishment.

What did the Dred Scott v. Sandford case determine?

Congress had no authority to ban slavery in the territories, and enslaved individuals were seen as property.

What did the Plessy v. Ferguson ruling establish?

The doctrine of 'separate but equal', allowing for racial segregation.

How did the Voting Rights Act of 1965 impact voter registration?

It aimed to eliminate racial discrimination and significant increases in Black voter registration in southern states.

Who wrote 'Letter from a Birmingham Jail'?

Dr. Martin Luther King Jr.

What does affirmative action aim to achieve?

It aims to increase the representation of minorities and women in various sectors.

What was the outcome of Bakke v. Regents of California at Davis?

Strict quotas in college admissions were deemed unconstitutional, but race could still be considered.

What did the Supreme Court decide in Grutter v. Bollinger?

Race could be considered in admissions but could not be translated into a strict point system.

What significant ruling did the Supreme Court make regarding race in college admissions in June 2023?

The Court ruled against the use of race in college admissions processes.

What is the impact of the Equal Access Act?

It requires public schools to provide equal access to extracurricular clubs for students of all backgrounds.

What does the First Amendment protect in terms of religion?

It prohibits the establishment of religion and protects the free exercise thereof.

In which case did the Supreme Court hold that school-sponsored religious activities are unconstitutional?

Engel v. Vitale (1962).

What is the definition of symbolic speech?

Nonverbal communication that conveys a political message protected by the First Amendment.

What was the ruling in Gitlow v. New York?

The Supreme Court ruled that the First Amendment applies to state governments through the 14th Amendment.

What does the term 'prior restraint' refer to?

Government actions that prevent speech or publication before it occurs.

What does the Eighth Amendment address?

It addresses issues related to excessive bail, fines, and cruel and unusual punishments.

What did the Supreme Court state in Near v. Minnesota (1931)?

Prior restraints on publication violate the First Amendment.

What does the Fourth Amendment protect against?

Unreasonable searches and seizures.

What is the significance of the Tenth Amendment in the context of federal and state powers?

It reserves powers not delegated to the federal government to the states or the people.

What major civil rights legislation was passed in 1964?

Civil Rights Act of 1964.

What is the principle of due process?

The legal requirement that the state must respect all legal rights owed to a person.

Which amendment is often associated with the right to bear arms?

The Second Amendment.

What is the role of the Supreme Court in interpreting the Constitution?

To adjudicate disputes and interpret the meaning of laws and constitutional provisions.

How did the Supreme Court evolve its stance over time regarding civil liberties?

Through cases that gradually extended the protections of the Bill of Rights to apply against state actions.

What does the phrase ‘living Constitution’ refer to?

The idea that the Constitution evolves and adapts to contemporary issues and values.

What are the implications of the Ninth Amendment?

It indicates that there are additional rights not specifically listed in the Constitution.

Who argued that the right to free speech is a fundamental natural right?

John Stuart Mill.

What does the concept of 'reverse discrimination' refer to?

Preferential treatment given to minority groups that can potentially disadvantage individuals from non-minority groups.

What major principle is established by the Equal Protection Clause?

All individuals must receive equal protection under the law.

What issue was central to the case of Gideon v. Wainwright?

The right to legal counsel in state felony cases.

What resulted from the cases ruling against quotas in college admissions?

Institutions could consider race in a non-numerical way to promote diversity.