Unit 3 - Civil Liberties and Civil Rights
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| To appease the Anti-Federalists who were worried that the central government would ignore people's basic civil liberties if these liberties were not WRITTEN down for all people to see. What was added to the Constitution? | The Bill of Rights
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| What phrase describes the gradual process of incorporating individual Bill of Right liberties to the states? |
Selective Incorporation
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| Which court case set the precedent of forcing states to recognize parts of the Bill of Rights on a case-by-case basis (aka Selective Incorporation)? |
Gitlow v. New York
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| How did Miranda v. Arizona affect civil liberties of criminal suspects? |
The police must tell someone their DUE PROCESS rights after the suspect is detained.
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| How did Gideon v. Wainwright affect civil liberties of criminal suspects? | Forces states to provide legal counsel to people accused of committing a crime. It selectively incorporated the 6th Amendment
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| Why did the framers of the Constitution include so many protections for criminal suspects? |
When Britain ruled, people did not have these types of protections. Therefore, the founders wanted to create a new government that allowed people to have their liberty.
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| Which provision in the 14th Amendment provides the rationale for selectively incorporating the Bill of Rights to the states? | Due process clause
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| What is the intent of the Lemon Test? | The Lemon test was created to decide if a government policy violates the establishment clause of the 1st Amendment.
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| How are Roe v. Wade and Griswold v. Connecticut similar? | Both cases set and established the precedent that people have privacy rights even though the Constitution does not specifically mention the word.
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| Which two components must the government meet in order to deprive a group of people a fundamental liberty AND/OR discriminate based upon race? |
1. The government must have a COMPELLING REASON.
2. The government policy must be NARROWLY TAILORED.
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| Which SCOTUS case struck down NY policy of voluntary prayer in schools b/c the State was promoting specific religious belief over others and over non-belief | Engel vs Vitale (1962)
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| Which clause in the 1s Amendment prevents the establishment of an official government-sponsored religion | Establishment Clause
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| Which clause in the 1st Amendment reserves rights of individuals to accept any religious belief and engage in religious rituals | Free Exercise Clasue
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| Which SCOTUS case held that the free exercise of the individual’s faith outweighs the state’s interest requiring schooling past the age of 16 | Wisconsin vs Yoder (1972)
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| Which SCOTUS case held that armbands were protected as symbolic speech for students and that student speech suppression can only occur when actions materially and substantially interfere with school operations. | Tinker vs Des Moines (1969)
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| Which SCOTUS case established the Clear and Present Danger test, which examines messages and context to determine violation | Schenck vs U.S. (1919)
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| Which SCOTUS case held that prior restraint is presumptively unconstitutional, and needs heavy justification even of national security concerns? | New York Times vs. U.S. (1971)
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| The effect of this SCOTUS case was that states (and cities) cannot ban handguns outright but are still allowed to regulate them under certain conditions. | McDonald vs. Chicago (2010)
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| This SCOTUS case ruled that the possession of a gun in a local school zone is not an economic activity and it limited the extent to which the commerce clause can be used to reach reserved powers. | U.S. vs Lopez (1995)
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| This amendment precludes unreasonable searches and requires probable cause to search someone. | 4th Amendment
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