Exam #2 Gov

What are civil liberties?

Individual freedoms protected from government interference.

What is habeas corpus?

The right to challenge unlawful imprisonment.

Where is habeas corpus located in the Constitution?

Article I, Section 9.

What is a bill of attainder?

A law punishing someone without a trial.

What is an ex post facto law?

A law that punishes actions retroactively.

What is the Bill of Rights?

The first ten amendments to the Constitution.

Why was the Bill of Rights added?

To protect citizens from government abuse.

Did the Bill of Rights originally apply to states?

No, only to the federal government.

What did Barron v. Baltimore (1833) establish?

The Bill of Rights only restricted the federal government.

What is incorporation?

The process of applying Bill of Rights protections to the states through the 14th Amendment.

What is the 14th Amendment?

An amendment providing citizenship, due process, and equal protection.

Why is the 14th Amendment important?

It allows incorporation of rights against the states.

What clause of the 14th Amendment is most important for incorporation?

The Due Process Clause.

What are titles of nobility?

Honors or ranks that U.S. citizens may not accept from foreign governments without consent.

What is total incorporation?

The idea that all Bill of Rights protections apply to states.

What is selective incorporation?

The idea that rights are incorporated one at a time.

What did Palko v. Connecticut establish?

Selective incorporation.

What did Gitlow v. New York establish?

Free speech protections apply to states.

What is the Establishment Clause?

The government may not establish an official religion.

What is the Free Exercise Clause?

The government may not interfere with religious practice.

Does the phrase 'wall of separation' appear in the Constitution?

No.

Who is associated with the phrase 'wall of separation'?

Thomas Jefferson.

What are Blue Laws?

Laws restricting activities on Sundays.

What was Lemon v. Kurtzman (1971)?

A case establishing the Lemon Test.

What are the three parts of the Lemon Test?

Secular purpose, neutral effect, no excessive entanglement.

What replaced the Lemon Test?

The History and Tradition standard.

What was West Virginia State Board of Education v. Barnette?

A case protecting students from forced flag salutes.

What was Sherbert v. Verner?

A case creating the Sherbert Test for religious freedom.

What is freedom of expression?

The freedom to communicate ideas and opinions.

Which type of speech receives the highest protection?

Political speech.

What forms of speech are generally not protected?

Obscenity, true threats, defamation, and incitement.

What is libel?

Written defamation.

What is slander?

Spoken defamation.

What is political speech?

Speech about government, politics, or public issues.

What is the Clear and Present Danger Test?

A test allowing limits on speech that poses an immediate danger.

Which case created the Clear and Present Danger Test?

Schenck v. United States (1919).

What did Brandenburg v. Ohio establish?

Speech may only be punished if it is intended and likely to cause imminent lawless action.

What is symbolic speech?

Nonverbal expression of ideas.

Is hate speech generally protected?

Yes, unless it becomes a true threat or incitement.

What is pornography?

Sexually explicit material.

Why has the Supreme Court struggled to define pornography?

Standards vary among people and communities.

Who said 'I know it when I see it'?

Justice Potter Stewart.

What is Miller v. California (1973)?

A case establishing the Miller Test for obscenity.

What is prior restraint?

Government censorship before publication.

What did Near v. Minnesota establish?

Prior restraint is generally unconstitutional.

What did New York Times v. United States establish?

The government could not stop publication of the Pentagon Papers.

What does the Second Amendment protect?

The right to keep and bear arms.

What did District of Columbia v. Heller decide?

Individuals have a right to possess firearms.

What did McDonald v. Chicago decide?

The Second Amendment applies to the states.

What is the Third Amendment?

Protection against quartering soldiers in private homes.

What is due process?

Fair treatment through the legal system.

Which amendments protect due process?

The 5th and 14th Amendments.

What does the Fourth Amendment protect against?

Unreasonable searches and seizures.

What is the exclusionary rule?

Illegally obtained evidence cannot be used in court.

Which case established the exclusionary rule for states?

Mapp v. Ohio.

What does the Fifth Amendment protect?

Self-incrimination, due process, double jeopardy, and eminent domain.

What is double jeopardy?

Being tried twice for the same crime.

What is eminent domain?

Government taking private property for public use with compensation.

What is the Miranda Rule?

Police must inform suspects of their rights.

Which case established Miranda rights?

Miranda v. Arizona.

Which amendment protects criminal procedure rights?

The Sixth Amendment.

What does the Sixth Amendment guarantee?

Attorney, speedy trial, jury trial, and witnesses.

What did Gideon v. Wainwright establish?

The right to a court-appointed attorney.

What does the Seventh Amendment protect?

Jury trials in civil cases.

What does the Eighth Amendment prohibit?

Cruel and unusual punishment and excessive bail.

What was Griswold v. Connecticut?

A case establishing a constitutional right to privacy.

What is the zone of privacy?

A collection of privacy rights inferred from several amendments.

What is the significance of the Ninth Amendment?

People have rights beyond those listed in the Constitution.

What are civil rights?

Protections ensuring equal treatment under the law.

How do civil rights differ from civil liberties?

Civil rights involve equality; civil liberties involve freedoms.

What is discrimination?

Unequal treatment based on group membership.

What is discriminatory effect?

A policy that harms a group regardless of intent.

What is discriminatory purpose?

A policy intentionally targeting a group.

What is de jure segregation?

Segregation required by law.

What is de facto segregation?

Segregation occurring through social or economic conditions.

What is the Equal Protection Clause?

The clause requiring equal treatment under the law.

What is strict scrutiny?

The highest standard of judicial review.

When is strict scrutiny used?

Cases involving race or national origin.

What is intermediate scrutiny?

A middle level of review often used in gender cases.

What is the rational basis test?

The lowest level of judicial review.

What were the Reconstruction Amendments?

The 13th, 14th, and 15th Amendments.

What did the 13th Amendment do?

Abolished slavery.

What did the 14th Amendment do?

Guaranteed citizenship and equal protection.

What did the 15th Amendment do?

Protected voting rights regardless of race.

What did the 24th Amendment do?

Eliminated poll taxes in federal elections.

What was Plessy v. Ferguson?

A case establishing 'separate but equal.'

What were Jim Crow laws?

Laws enforcing racial segregation.

What was disenfranchisement?

The denial of voting rights.

What were literacy tests?

Tests used to prevent minorities from voting.

What was the grandfather clause?

A voting exemption favoring descendants of eligible voters.

What were white-only primaries?

Primary elections excluding minority voters.

What was Brown v. Board of Education?

A case ending school segregation.

Why was Brown v. Board important?

It overturned Plessy in education.

What was the Civil Rights Act of 1964?

A law prohibiting discrimination in public accommodations and employment.

What is the EEOC?

The Equal Employment Opportunity Commission.

What was the Voting Rights Act of 1965?

A law protecting minority voting rights.

When did women gain the right to vote nationally?

1920 with the 19th Amendment.

What does suffrage mean?

The right to vote.

What is Title VII?

A law prohibiting employment discrimination.

What is the Equal Rights Amendment (ERA)?

A proposed amendment guaranteeing equal rights regardless of sex.