Civil Rights Gov Test

Flashcard set for CP gov civil rights test on 2/13/2026

Positive Rights (Civil Rights)

Entitlements requiring government action to provide goods or services to ensure well-being.

Negative Rights (Civil Liberties)

Freedoms from government interference such as freedom of speech, or religion.

Bill of Rights

Guarantees essential rights and civil liberties to individuals.

Establishment Clause (1st Amendment)

Prevents the government from creating an official national religion.

Free Exercise Clause (1st Amendment)

Guarantees individuals the right to practice their religion freely.

Freedom of Speech (1st Amendment)

The right to express opinions and ideas without government restraint.

Freedom of Press (1st Amendment)

The right to publish information and opinions without government censorship.

Freedom of Petition (1st Amendment)

The right to request government action or express grievances.

Freedom of Assembly (1st Amendment)

The right to gather people peacefully.

“Freedom of Expression” (1st Amendment)

The right to hold opinions and to seek and receive all information and ideas.

“Clear and Present Danger” Limitation

A legal test to determine if speech can be limited.

Libel

The act of communicating a false statement that harms someone’s reputation in written or permanent form.

Slander

The act of making a false spoken statement that damages someone’s reputation.

Exclusionary Rule (4th Amendment)

Prohibits the use of illegally obtained evidence in a criminal trial.

Miranda Warnings (5th/6th Amendment)

Police have to inform suspects of their rights before custodial interrogation.

Eminent Domain (5th Amendment)

The power of government to take private property for public use.

Double Jeopardy (6th Amendment)

Prohibits an individual from being tried twice for the same crime.

Cruel and Unusual Punishment (8th Amendment)

Prohibits the government from imposing overly harsh penalties on criminal defendants.

Due Process Clause (14th Amendment)

Guarantees fair treatment through the judicial system.

Selective Incorporation

A constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens.

Engle v. Vitale (1961)

Dealt with the establishment clause of the first amendment, ruling that authorized prayer in public schools is unconstitutional.

Tinker v. Des Moine (1969)

Dealt with the first amendments freedom of speech, ruling that schools cannot censor student speech unless it causes a material and substantial disruption to the educational environment.

McDonald v. Chicago (2010)

Dealt with the second amendment, ruling that the right to keep and bear arms is an individual right necessary for self-defense.

Heller v. District of Columbia (2008)

Dealt with the second amendment, ruling that people have a right to possess a firearm in their home for self-defense.

Mapp v. Ohio (1961)

Dealt with the fourth amendment, ruling that illegally seized evidence can not be used in a state criminal trial.

Gideon v. Wainwright (1963)

Dealt with the sixth amendment, ruling that states must provide attorneys to indigent defendants in felony cases.

Miranda v. Arizona (1966)

Dealt with the fifth amendment, ruling that police must inform suspects in custody of their rights to silence and an attorney.

What is the difference between a civil liberty and a civil right

Civil liberties are fundamental freedoms protected from the government, while civil rights are legal protections ensuring equal treatment.

How does the First Amendment protect religion

Protects religion through the establishment clause, and the free exercise clause.

What are the limitations put on the government when dealing with religious issues

Limited by the establishment clause, and the free exercise clause.

What is the controversy over how to interpret the Establishment and Free Exercise Clauses of the First Amendment

Controversy lies in balancing religious freedom with the separation of church and state.

What types of speech and expression are protected under the First Amendment

Political, artistic, and symbolic speech.

What are the limitations to freedom of speech within the United States

Defamation, threats, obscenity, and incitement to lawless action.

How is the First Amendment's Freedom of Speech misinterpreted

Often misinterpreted as absolute freedom without any limitations.

What is the controversy over how to interpret the Second Amendment

The controversy centers on whether the second amendment protects an individual's right to carry firearms.

How are the rights of people accused of a crime protected under the US Constitution

Rights are protected through the 4th, 5th, 6th, and 8th amendment.

How is the 8th Amendment controversial (Death Penalty and Punishments)

Involves whether the death penalty or certain punishments constitute cruel and unusual punishment.

What does the 9th Amendment Protect, and why is it important

Protects unenumerated rights retained by the people. Ensures that the listing of specific rights in the constitution does not mean other unlisted rights do not exist.

What does the 10th Amendment Protect, and why is it important

Protects powers not delegated to the government, states, or the people. Defines federalism and balances power between the government and the states.

Why is the 14th Amendment considered so important in relation to the Bill of Rights

Made most of the bill of rights applicable to the states through the Due Process clause.