US Government, Constitution, and Civil Liberties

Flashcards summarizing Chapter 4 (Civil Liberties and Bill of Rights) and Chapter 2 (The Constitution, Articles of Confederation, Constitutional Convention, Ratification, and Amendments 1-27) from lecture notes.

What is the definition of civil liberties according to the lecture notes?

Civil liberties are protections from improper government action, which are distinct from civil rights.

Why did Alexander Hamilton and the Federalists initially argue against adding a Bill of Rights to the Constitution?

They argued that a Bill of Rights "could be dangerous" and felt that the Constitution already represented a Bill of Rights through existing restrictions on government (such as habeas corpus).

What protection is guaranteed by the writ of habeas corpus?

It prohibits the government from depriving someone of liberty without an open trial.

How many amendments were approved by the House of Representatives, selected by the Senate, and ratified into the Bill of Rights?

The House of Representatives approved $17$ amendments, the Senate selected $12$, and $10$ were ratified by $3/4$ of the states to become the Bill of Rights.

How did the application of the Bill of Rights change over time regarding state governments?

Initially, the Bill of Rights applied only to the national government, but in the Palko case, the Supreme Court established that some rights applied to state governments.

What is the text and core meaning of the Establishment Clause in the First Amendment?

It states that "Congress shall make no law respecting an establishment of religion," prohibiting the national government from establishing official churches.

What are the three main interpretations of the Establishment Clause listed in the notes?

Prohibition of a National Church (bars official federal religion), Non-preferentialism (permits non-favored government support for religion), and Wall of Separation (Thomas Jefferson's model of strict church-state separation).

What precedent was set in the Supreme Court case WV Board of Ed. v. Barnette?

It protected the right of students to decline flag salutes in public school classrooms.

What were the requirements of the Lemon Test Framework regarding public support for religious institutions?

It required a secular purpose, a neutral effect, and no excessive government entanglement with religion.

How did the ruling in Kennedy v. Bremerton ($2022$) affect the Lemon Test Framework?

The Supreme Court upheld a coach's postgame prayer and officially abandoned the Lemon Test.

What was the ruling in Burwell vs. Hobby Lobby?

It allowed company owners to opt out of paying for birth control coverage on religious grounds.

What did the Supreme Court establish in EEOC v. Abercrombie?

It ruled that businesses must allow workers to wear religious items.

What requirement was placed on employers by the ruling in Groff v. DeJoy?

Companies are required to give stronger workplace accommodations for workers on religious holy days.

Under what conditions can political speech lose its constitutional protection?

Political speech, protected by courts since the $1920\text{s}$, loses protection when it crosses into violent or hateful actions.

What are the two contrasting interpretations of the Second Amendment presented in the notes?

Militia purpose (empowering state-managed military or police resources to maintain order) versus Individual Right (asserting a personal right to bear arms outside of military service).

What was established in District of Columbia v. Heller ($2008$)?

The Supreme Court ruled that the Second Amendment protects an individual's right to keep a gun at home for self-defense.

What was the key outcome of McDonald v. Chicago ($2010$)?

It incorporated the Second Amendment right to bear arms against state and local governments.

What is the Exclusionary Rule established in Mapp v. Ohio ($1961$)?

It prohibits illegally obtained evidence from being used in a trial and applied this protection to states through the 14th Amendment.

How did U.S. v. Jones and Maryland v. King apply 4th Amendment protections to modern technology?

U.S. v. Jones required a warrant to use GPS tracking, and Maryland v. King required a warrant to search mobile phones.

What function does a Grand Jury serve, and what is unique about it relative to incorporation?

It determines if sufficient evidence exists to formally charge a suspect, and it is the only major civil liberty not incorporated to the states.

What is Double Jeopardy and when was it applied to state governments?

It prevents an individual from being tried twice for the same crime, and it was applied to the states in $1969$.

What led to the establishment of Miranda Rights in Miranda v. Arizona?

Ernesto Miranda was questioned for $10$ hours and confessed without knowing his rights; after appealing from prison, he was retried and found guilty again. The case mandated that police inform suspects of their rights under the Self-Incrimination Clause.

What were the facts and ruling in the Gideon case (Gideon v. Wainwright)?

A man charged with stealing in Florida was sentenced without an attorney; he appealed to the Federal court, was retried with counsel, and was found not guilty under the 6th Amendment right to counsel.

What rights are guaranteed to criminal defendants by the 6th Amendment?

Right to a speedy trial, public trial, impartial jury in criminal cases, case heard where the crime occurred, right to be informed of charges, right to confront witnesses, right to compel witnesses to testify on your behalf, and right to an attorney.

How does the 7th Amendment handle jury trials in civil cases?

It guarantees the right to a trial by jury in civil cases at the federal level, but does not extend that requirement to state governments.

What are the protections outlined in the 8th, 9th, and 10th Amendments?

8th prohibits cruel and unusual punishment, excessive fines, and bails; 9th states there are additional unwritten rights; 10th reserves remaining powers to the states.

How was power divided between state and central governments under the Articles of Confederation ($1781$–$1789$)?

States held $80\%$ of the power, while the central government held only $20\%$ of the power.

How is power split under the U.S. Constitution from $1789$ to the present?

Under federalism, power is divided in a $50/50$ split between the states and the central government.

What were the six powers granted to the central government under the Articles of Confederation?

1. Power to make war. 2. Power to make peace. 3. Power to conduct foreign policy. 4. Power to build post offices and postal roads. 5. Power to requisition states for money, men, and equipment. 6. Power to print money.

What four factors contributed to the failure of the Articles of Confederation?

1. Inability to tax. 2. Requirement for a unanimous decision ($13$ states) to act. 3. Inability to regulate interstate commerce. 4. Inability of central government to manage uprisings like Shay's Rebellion.

What was Shay's Rebellion and why was it significant?

Daniel Shay, a war veteran, rebelled against farm foreclosures caused by unpaid wartime debts; because the central government had no power to stop it, it had to hire mercenaries, exposing the weaknesses of the AOC.

What occurred at the Constitutional Convention in $1787$?

Delegates from $12$ states (excluding Rhode Island) met to revise the AOC, realized it could not be fixed, and decided to create the Constitution and overthrow the AOC with George Washington presiding.

What are the four core constitutional principles listed in the notes?

1. Popular sovereignty (power with the people). 2. Separation of powers (branches of government). 3. Checks and balances (keeping power equal). 4. Federalism (division of power between states and national government).

What rule was established in Marbury v. Madison?

Judicial Review, allowing courts to interpret and evaluate laws against the Constitution.

How did the Great Compromise (Connecticut Compromise) resolve representation disputes?

It created a bicameral legislature combining the Virginia Plan (House of Representatives based on population) and the New Jersey Plan (Senate with equal state representation).

What was the 3/5ths Compromise?

An agreement during the Constitutional Convention that counted enslaved individuals as $3/5\text{ths}$ of a person for representation purposes.

What were the terms of the Slave Trade Compromise of $1788$?

An import tax not exceeding $\$10$ per person could be imposed on imported enslaved individuals, and Congress could not ban the slave trade until $1808$.

Which state was the ninth to ratify the U.S. Constitution, putting it into effect?

New Hampshire.

What are the two ways an amendment can be proposed according to Article V?

By a $2/3$ vote in both the House of Representatives and the Senate, or by a national convention requested by $2/3$ of the states (which has never occurred).

What are the two ways a constitutional amendment can be ratified?

By $3/4$ of state legislatures approving it (used for $26/27$ amendments) or by $3/4$ of special state ratifying conventions (used for the 21st Amendment).

How did the 12th Amendment alter the presidential election process?

Triggered by a tie in the election of $1800$, it required electors to cast separate ballots for President and Vice President (changing from one ballot with two names to two separate ballots with one name each).

What were the key provisions of Sections 1 through 4 of the 14th Amendment?

Section 1 granted birthright citizenship to former slaves; Section 2 removed voting rights for former Confederates; Section 3 barred former officials who rebelled from holding office; Section 4 excused government payment for destroyed Confederate property.

Which amendments are categorized as the Progressive Amendments (16th–19th)?

16th (Income tax), 17th (Direct election of Senators), 18th (Prohibition), and 19th (Women's right to vote).

What is the history behind the 27th Amendment?

Originally proposed in $1789$ to prevent congressional pay increases from taking effect until after an election, it was championed by Gregory Watson and finally ratified in $1992$.

What are the core features of the 22nd, 23rd, 24th, 25th, and 26th Amendments?

22nd limits presidential terms to $2$ (FDR served $4$); 23rd gives Washington D.C. electoral votes; 24th bans poll taxes; 25th provides for presidential succession; 26th lowers the voting age to $18$.