Chapter 4 Review Civil Liberties

1. What are the Bill of Rights?

First 10 amendments to the Constitution, spells out individual rights and liberties, such as speech, expression, religion, press…

2. Explain Schenck v. United States

Supreme Court upheld the 1917 Espionage Act that prohibited forms of dissent, such as handing out anti-war leaflets that could hamper the nation’s war effort. Established the “clear & present danger” test

3. What is, and where do we get the freedom of expression?

The right of an individual to hold and communicate views of their own choosing. Guaranteed in the First Amendment, as part of our freedom of speech.

4. What is symbolic speech?

Action with the purpose of expressing a political opinion. Flag burning is okay, but burning your draft card is not (Clear and present danger of hurting the war effort.) Government may not prohibit the expression of an idea.

5. Explain selective incorporation

The absorption of certain provisions of the Bill of Rights into the Fourteenth Amendment so that these rights are protected from infringement by the states

a. Review Where in the Constitution does it grant the individual states’ power?

The Tenth Amendment – where it says those powers not enumerated to the federal government are reserved to the states

6. What is the imminent lawless action test?

The government cannot suppress advocacy that promotes lawless action unless the action is likely to produce imminent lawless action

7. What is libel?

The publication of material that falsely damages a person’s reputation

8. What is slander?

Spoken words that falsely damages another person’s reputation

9. What is the Establishment clause?

The First Amendment provision stating that government may not favor one religion over another or favor religion over no religion, and prohibiting Congress from passing laws respecting the ESTABLISHMENT of religion

10. Engel v Vitale?

1962, The Court used the establishment clause to prohibit the reading of prayers in public schools. (In New Hyde Park, N.Y. parents complained that prayer to an “Almighty God” contradicted their religious beliefs – violated the establishment clause…a 6 to 1 vote)

b. Review What are enumerated powers, and where are they found?

They are the 17 powers granted to the federal government, and they are found in Article 1, section 8 of the Constitution

11. What did we get from the Supreme Court case Miranda v. Arizona?

That the police have to inform people they arrest of their constitutional rights

12. Where did they get the reasoning behind the Supreme Court case Roe v. Wade?

From the Ninth Amendment and the implication of the right to privacy that lives within other Amendments

13. What does the Fifth Amendment provide?

Protection against double jeopardy, self-incrimination, indictment for a crime only through grand jury proceedings, loss of life, liberty and property without due process

14. Procedural due process refers to what?

The procedures that authorities must follow before a person who’s been arrested can legitimately punished

15. What are fighting words?

Words intended to incite people or inflame them to violence

c. Review What are concurrent powers, name a few while you’re at it.

Powers that both state and federal governments exercise – raise taxes, build roads, create a police force, borrow money, set up lower courts, establish banks.

16. What is it that is at the center of the idea of selective incorporation?

The due process clause of the Fourteenth Amendment

17. So, what does selective incorporation actually provide?

It uses the Fourteenth Amendment to insure that the authority of states to limit civil liberties is restricted

18. The exclusionary rule excludes what?

It excludes evidence found in violation of one’s rights. They have a search warrant to look for drugs, but instead find illegal weapons, those weapons cannot be used in court.

19. In which way can public schools restrain the civil rights of their students?

When it gets in the way of the supposed educational process that allegedly occurs in public schools

20. Is the death penalty excluded as a result of the Eighth Amendment?

The Supreme Court has ruled that the exercise of the death penalty is constitutional, but some of the ways we do it is not, like the gas chamber for instance, or putting minors to death.

d. Review What is devolution?

The effort, as of late, to scale back the size and activities of the national government and to shift responsibilities back to the states.

21. How come the people who write the Constitution didn’t think to include a Bill of Rights right off the bat?

Because they (Adams, Madison and the gang) didn’t think the federal government would do anything beyond the powers that are enumerated in the constitution

22. Regarding what is obscene, who gets to decide?

Localities themselves. What is obscene in Abilene, Texas may not be so bad in San Francisco, California

23. Can schools ban Bible clubs that gather to read the Bible and pray?

No. Once that school opens its doors to other groups, it must open them to other groups, or violate the equal protection clause of the Fourteenth Amendment

24. Can people sell images over the Internet of pornographic pictures of adults digitally altered to look like children?

Yes, in the Ashcroft case, since they were adult pictures, they were legal.

e. Review What is dual federalism?

It’s based on the idea that a precise separation of national and state authority was both possible and desirable – like a layer-cake, both states and federal government have their own responsibilities that rarely if ever cross over into the other area – never really happens

f. Review What does the Fourteenth Amendment get us?

Two important clauses – “No state shall abridge the privileges and immunities of citizens of the United States, nor shall any state deprive any persons of Life, Liberty or Property without due process of law, nor deny to any persons within its jurisdiction the equal protection of the laws.

g. Review What are block grants? Less restrictive than other grants – federal government specifies the general area in which the funds must be used – but state and local officials select the specific projects.

h. Review What are categorical grants?

More restrictive than block grants – can be used only for a designated activity. Example, funds for school lunches cannot be diverted to any other school purpose, like new football helmet.

That’s it But if you don’t read your textbook and read it well, don’t expect any curve I come up with to help you at all!