Quiz 3 American Government 2

What are civil liberties

Limitations of government power designed to protect freedom

What are civil rights

Are constitutional guarantees that the government will treat people equally, regardless of whether they belong to a protected class, such as race, gender ethnic origin, region.

Where are most the civil liberties protected under the constitution contained

In the bill of rights

When was the bill of rights created

1789

When was the bill of rights ratified

1791

Why did some states not ratify the constitution at first

They were worried that civil liberties would not be proetected

Did the states eventually agree to the constitution

Yes, after a promise was made to make amendments to help protect the civil liberties

What article contains protections for civil liberties

Article 1, Section 9

What does the article prohibit congress from doing

No passage of bill attainder, no ex post facto laws, no suspension of the writ of habeas corpus

What is a bill of attainder

A law that punishes a convict or punishes a person for a crime without a trial

What is an ex post facto law

A law that takes affect retroactively

What is the writ of habeas corpus

It requires that an ex parte hearing by a neutral judge to determine whether a person has been unlawfully detained

What amendments in the bill of rights contain protections for civil liberties

1,2,3,4, and 5

How does number 1 protect civil liberties

The right to freedom of speech and the rights to assemble and to petition the government for redress of grievance

How does number 2 protect civil liberties

The right to keep and bear arms

How does number 3 protect civil liberties

The right not to house soldiers during the time of war

How does number 4 protect civil liberties

The right to be secure from unreasonable search and seizure

How does number 5 protect civil liberties

Rights in criminal cases, including due process and indictment by grand jury for capital crimes, as well as the right not to testify against oneself

In the early nineteenth century what did the bill of rights apply to

Only federal government

What process led to state governments following the bill of rights also

Incorporation

What amendment pushed incorporation

14th amendment

Who is considered the author of the 14th amendment

Representative John Bingham

What is the free press clause

Prohibits the government from restricting the right of the press to disseminate news and express opinions

What is the free assembly cause

Prohibits the government from restricting peaceable assemblies

What is the right to petition clause

Permits individuals or groups to petition the governments, including writing and calling elected representative, lobbying government officials and filing lawsuits with the courts.

What is freedom of expression

Refers to the rights protected under the first amendment’s free speech, free press, free assembly, and right to petaton clause, and assembly rights often overlap.

What can speech be

Written, symbolic, clothing, protest, flag burning, and other forms of none communicative speech.

Is hate speech protected by freedom of expression

Yes

Why did the second amendment show controversy after the civil war

States wanted to ban former slaves from bearing arms

In 1930 what happened to do with the second amendment

Laws and restrictions on selling some types of firearms were made

The right to bear arms in 2008 was changed to what

Changed so firearms are used for lawful purpose like self-defense

What amendment was the right to bear arms incorporated into in 2010

14th amendment

What did putting the right to bear arms in the 14th amendment rule

State laws regulating firearms could violate the constitutional right

Why was the third amendment important to the framers of the constitution

Their experience with the Quartering acts

What was the Quartering Acts

Required American colonists to house British troops in their homes

Has the third amendment been incorporated to the states and if no why

No for the U.S. Supreme Court has never considered the issue

Is a warrant needed before search and seizure

Yes

Can the fourth amendment cause issues relate to cars and phones

Yes, it is a grey area

Is a warrant always needed

No if the owner consents to the search

Is a warrant issued if there are expectations that evidence will be destroyed or tampered with or if the items in question are in plain view of government officials

Yes

What warrant is based on risk of evidence being destroyed

no knock

What killing occurred because of a no-knock warrant and did it cause any further problems

Killing of Breonna Taylor leading to scrutiny of the no-knock warrant

What civil liberties does the fifth amendment address

The right to indictment by a grand jury in a felony case, protection against double jeopardy, the right against self-incrimination the right to due process, and prohibition of government’ s taking of an in individuals’ property without just compensation

What is double jeopardy

Repeated prosecution for the same crime

What is self-incrimination

Extending to person in the custody of police without being read their custodial rights as outlined by the Supreme court Miranda v. Arizona

What does the sixth amendment address protection for

A speedy trial, a public trial, an impartial jury, a jury from the state where the alleged offense occurred, the right to receive notifications of accusations, the right to confront the witnesses, the right to compel witnesses to testify, and the right to the assistance of counsel (public defenders represent many persons during criminal prosecutions if they are unable to pay for defense

What does the seventh amendment address

The right of individuals engaged in civil (non-criminal) litigation

What does the eight amendment prohibit against

Cruel and unusual punishment

What is the ninth amendment

Protect natural or common-law rights in the constitution

Does the constitution include the word right to privacy

No

Do some of the amendments make it seem as if the framers wanted right to privacy and if yes which

Yes, the second, third, fourth, fifth, and ninth

What is the tenth amendment

The powers of federal government as those enumerated or implied in the constitution, and all the other power is reserved to the states

What is equal protection

Principles of equality, fairness, and freedom from discrimination

Are principle of equal protection limited

Yes

What is discrimination

Unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex

Does discriminatory law infringe on civil rights

Yes

What make a law discriminatory

When it results in different treatment of similair indivduals

When does a law have a discriminatory purpose

When it was enacted with the intent to unjustly or prejudicially treat certain people differently

What do the courts do when a law discriminates

Look at the purpose of the discriminatory practice to see if the law is constitutional

Are laws that are discriminatingly against protected classes usually constitutional

No

What are the three levels of scrutiny

Rational basis test, intermediated scrutiny, and strict scrutiny

What discrimination is rational base test for

Most forms of discrimination

What forms of discrimination is intermediate discrimination for

gender and sex discrimination

What forms of discrimination is strict scrutiny for

Race, ethnicity, national origin, or religion discrimination

What was the reconstruction

Period after the civil war from 1865 to 1877 where the governments of confederate states were reorganized prior to being readmitted to the union

What are the reconstruction amendments

Intended to prevent states from enacting black code that deprived slaves for their right and liberties

What did the 13th amendment do

End slavery

What did the 14th amendment do

All people born in the US are US citizens

What was the Jim crow era

Plessy v. Ferguson allowed for racial segregation under the equal protection clause and the laws went on to be called the Jim crow laws promoting racial segregation and undermining black voting rights

What is disenfranchisement

Revocation or impediment of an individual’s right to vote

What are some disenfranchising practices

Literacy tests, understanding tests, poll taxes, and white only primaries

What is segregation

Laws and practices that keep different groups apart

What is de facto segregation a result of

private choices of individuals

What is de jure segregation a result of

Government discrimination or laws that foster segregation

What was the Plessy standard

Separate but equal

Was the segregation equal

No as the facilities were made better for white individuals

After WW2 what did the African American civil rights movement target

Segregated schools, separate accommodations on public transit, and the exclusion of people of color from commercial establishments

Was the law enforcement and local opposition of the African- American civil rights movement violent

Yes

What is the Brown v. Board education

Separate but equal in public schools was unconstitutional

Did every public school become desegregated overnight

No

What was the civil rights act of 1964

Outlawed government discrimination and the unequal application of voting qualifications by race and prohibited discrimination on basis of race

What impact did the Civil rights movement have

Legacy of past civil right struggles and influence on future movements like women suffrage problems

What was the women’s suffrage movement

Began in 1840 with campaigning for women’s right to vote but it was not until 1920 when the 19th amendment was passed that woman was allowed to participate in elections

Until the 1960s what was the problem with women suffrage

Mainly extended the vote to white women due to disenfranchisement laws

What was Native American Civil rights

Native Americans were forcibly removed from the Unites States, so they lost land and sovereignty, but in 1924 the Indian citizenship act granted citizenship to all Native Americans born after its passage and later more citizenship through the Nationaly act of 1940 but facing many segregation laws

Did US court repeatedly decline to extend many constitutional liberties and rights to reservation of the Native Americans

Yes

What law extended the reservations, rights granted in the bill of rights, and amendments to Native Americans

Indian civil rights act

What was the wounded knee

American Indian movement occupied wounded knee and demanded the federal government honor past treaties in which failed to perform its obligations and the 71-day armed standoff with federal law enforcement killed two people and injured 15

What are some other significant civil rights movements

Asian American, Latino, and Chicano groups

What movement arose in 1960s

Gay rights movement

Before 1960s was same sex sexual; acts banned

Yes

When was same sex marriage legalized

2015

When was the law preventing discrimination of someone for their sexual orientation or gender expression in employment or related institutions passed

2020

In 2003 what did Lawrence v Texas declare

The 14 remaining states’ laws unconstitutional

Are civil rights movements still occurring today

Yes