Study sets, textbooks, questions
Upgrade to remove ads
Civil Rights and Civil Liberties
Terms in this set (38)
What does the Eighth Amendment prohibit?
Excessive bail, excessive fines, and cruel and unusual behavior.
What is the right of expressive association?
In Boys Scouts of America v. Dale (2000) the Supreme Court ruled that forcing the Boy Scouts to admit a homosexual as a scout leader would violate the private organization's right of freedom of association. This is the right of expressive association.
Do students have reasonable expectations as to the right to privacy with regards to drug testing in schools?
No. In Veronia v. Acton (1995) the Supreme Court decided students must submit to random drug testing in order to participate in interscholastic athletics. The Court found that the policy is reasonable and constitutional. Students in a school environment " have a lesser expectation of privacy than members of the population generally."
Is not saying the Pledge of Allegiance in school constitutionally protected freedom of speech?
Yes. In West Virginia State Board of Education v. Barnette (1943) the Court ruled the West Virginia Board's policy requiring students and teachers to recite the Pledge of Allegiance to be unconstitutional. However, individual schools have set their own policies regarding this very controversial issue.
What are the two protections of freedom of religion guaranteed by the First Amendment?
The establishment clause protects individuals from the state establishment, sponsorship, or favoritism of an official national religion. In the free exercise clause, citizens are to practice their individual religions in any way they choose, so long as these practices and rituals do not endanger society and do not break the laws of community.
What did the Civil Rights Act of 1964 accomplish?
It prohibited discrimination in employment and in places of public accommodation, outlawed bias in federally funded programs, and created the Equal Employment Opportunity Commission.
What amendments were passed following the Civil War to ensure the rights of former slaves?
The Thirteenth Amendment abolished slavery. The Fourteenth Amendment defined citizenship and provided for due process equal protection of the laws. The Fifteenth Amendment stated that individuals could not be denied the right to vote based on race or former servitude.
What specific rights and prohibitions are mentioned in the body of the Constitution?
It mentions the writ of habeas corpus, the protection of citizens from state to state, limits on excessive punishment, guarantee of republican government, and trial by jury in federal courts. It forbids bills of attainder, ex post facto laws, and religious oath requirements.
do public school students enjoy the same protections as adults with regards to the Fourth Amendment protection against unreasonable search and seizure?
No. The Supreme Court found in New Jersey v. T.L.O (1985) that the Fourth Amendment does not apply to students in schools because they do not and should not have the rights afforded to adults in the criminal justice system. The school can conduct searches without a warrant in the interest of protecting students and maintaining order.
what is the role of the police in protecting the rights of the accused, as guaranteed by the Fifth and Sixth Amendments to the Constitution?
In the 1966 case Miranda v. Arizona, the Supreme Court decided that when the police arrest a suspect they must inform the suspect of his or her constitutional rights to remain silent and to consult with an attorney. Through this decision, the court hoped to alleviate what they percieved to the "the inherent pressures of the interrogation atmosphere."
are students in public schools granteed the right of freedom of press?
No. the United States Supreme Court in Hazelwood School District v. Kuhlmeie (1988) upheld the right of public school administrators at Hazelwood East high school in suburban St. Louis to censor stories from a school sponsored student newspaper is the newspaper was produced on school grounds using school equipment and under the guidance of the school advisor.
what is sexual harassment?
The Supreme Court Has held that harassment can take two forms. First it is illegal for someone to request sexual favors as a condition of employment or promotion. Second, an employer cannot permit a work environment that has been made hostile or intimidated by a steady pattern of offensive sexual teasing, jokes, or obscenity.
how have the rights of disabled persons been protected by law?
In 1990, The Americans with disabilities act was passed, which states that disabled persons may not be denied employment or promotion, equal access to government programs and transportation, or access to public accommodations.
what precedent was set by Gideon v. Wainwright?
The 1963 decision set the Precedent that in capital cases, when a defendant is too poor to hire lawyer, the statements provided attorney for the defendant in order to a sure a fair trial.
what are gag orders, and are they legal?
Gag orders are restrictions placed on the press by judges trying to in sure a fair trial. The Supreme Court, really anonymously in Nebraska press v. Stewart (1976), found that gag orders violate the First Amendment.
what is symbolic speech?
Symbolic speech refers to unspoken illustrated methods of protest. Similar to pure speech, it is protected when it does not incite violence because or cause clear and present danger to public welfare.
how has procedural due process been defined by the courts?
Miranda V. Arizona (1966) established that the rights of i McHughes person must be read and understood by the person upon arrest. These rights include the right to remain silent and the right to have an attorney provided.
how has freedom of religion in the schools been interpreted by the Supreme Court?
The court has interpreted the establishment clause of the First Amendment to mean different things at different times. In Everson V. Board of Education (1947), the court ruled that parochial school children could be bussed to school; in Engle v. Vitale (1962) the court band school prayer; In Westside school District V. Margins (1990) the court ruled that school facilities can be used for nonexclusive religious organizations after school hours.
how have civil liberties and civil rights evolved over time?
The Declaration of Independence, the Constitution, and the Bill of Rights set out the basic foundations for the protections of civil liberties and civil rights. These rights have evolved through the legislative action and judicial interpretation, and through the addition of later amendments, specifically the 14th amendment.
what is the name of thr judicial concept that has been used to apply the protections of the Fourteenth Amendment to the states?
The debate over whether the 14th amendment makes all of the protections of the Bill of Rights applicable to the states is one of the most important and long-lasting debates involving the interpretation of the year. S. Constitution. This debate is known as the incorporation doctrine, and is ongoing.
how have the rights of homosexuals been protected under the Fourteenth Amendment?
In Romer V. Evans (1996) the Supreme Court ruled that a Colorado constitutional amendment invalidating state and local laws that protect it homosexuals from discrimination was unconstitutional as it violated the equal protection clause of the 14th amendment in Lawrence V. Texas (2003), The Supreme Court found that laws prohibiting homosexual conduct also violated the clause.
How was the protection against unreasonable search and seizure incorporated by the Supreme Court under the Fourteenth Amendment?
In the 1949 case walls the. Colorado, the Supreme Court applied the protections against unreasonable search and seizure to the states under the due process clause of the 14th amendment.
what is the difference between substantive due process and procedural due process?
The fifth and the 14th amendments guarantee due process, which is the idea that the government must act in a fair manner according to established rules. Substantive due process involves the determining whether a law is fair or if it violates constitutional protections. Procedural due process is the method of government action or how the law is carried out.
what is the rational basis test?
The Supreme Court, in defining discrimination under the 14th amendment, has recognized that some forms of discrimination may be valid. The rational basis test determines of the discrimination in question has a legitimate purpose, such as a legislation that denies liquor to people under the age of 21.
what is the strict scrutiny test?
The Supreme Court has devised a strict standards for laws and for detecting laws that display prejudice. The core automatically classifies a law as suspect and demands that the government prove it has a compelling reason for the discrimination. The law in question my survey compelling public interest in order for the court to uphold it as valid and non-discriminatory.
what did the Americans with Disabilities Act of 1990 accomplish?
The 1990 Americans With Disabilities Act forbids employers and owners of public accommodations from discriminating against people with disabilities. states now are required to make all public buildings wheelchair accessible, and make sure that all public services provide equal access to all persons.
what is the difference between civil rights and civil liberties?
Civil liberties are those rights that along to everyone. They are protections against government and are guaranteed by the constitution, legislation, and judicial decisions. Civil rights are the positive acts of government assigned to prevent discrimination and provide equal protection under the laws.
what is the doctrine of incorporation?
The Supreme Court uses the 14th amendment to apply the protections of the Bill of Rights to the states. For example, in the 1925 case of gitlow V. New York, a man was indicted by the state for Seditious speech. The court found that the federal protection of free-speech should be applied to the states.
how has affirmative action been interpreted by the Supreme Court?
in Bakke v. Regents (1978) the court found that Bakke had been denied equal protection by UC Davis's use of a two track admission system. in Grutter v. Bollinger (2003) the University of Michigan Law school's more individualized consideration of the race was upheld. in Gratz v Bollinger (2003) the court struck down the University of Michigan's more blatant weighting of race as a factor in admissions.
what was thr Chief Justice Warren's reasoning in Brown v. Board of Education?
Warren and found that "In the field of public education deduction of "separate but equal" has no place" Because "separate but equal" facilities are inherently unequal." Plessy v. Ferguson (1896) was overturned, and the age of segregated schools was slowly coming to a close.
what is the difference between de jure and de facto segregation?
After the decision in Brown V. Board of Education the law regarding the segregation of school is clearly changed. De jure segregation, or legally binding segregation, was ruled unconstitutional. However, states continue to segregate schools through the use of drawing school district lines so as to produce single race school district, creating de facto segregation.
what are the rules regarding religious clubs or organizations that meet in public schools?
The Supreme Court found any good news club V. Milford Central school (2001) the religious clubs are allowed to meet in public schools after class hours. Excluding the religious club was unconstitutional content-based discrimination, and permitting the meetings would not violate the establishment clause.
what is procedural due process?
The due process clause of the 14th amendment, adopted in 1868, states that before a convict can be executed, imprisoned, or find for a crime, Here she must get a fair trial, based on legitimate evidence, with a jury. These are procedural or process rights.
what is substantive due process?
If the court decides that a law is unreasonable, it rules that a law violates substantive due process. Substantive Rights are those Genoa rights that individuals have to possess what to do certain things, despite the government's desire to the contrary. These are rights like freedom of speech and religion.
which of the rights guaranteed under the Bill of Rights have been incorporated by the Fourteenth Amendment to apply to the states?
The first, fourth, sixth, and eighth amendments have been fully incorporated. The Fifth Amendment has been partially incorporated, and the second And seventh amendments have not been incorporated. No decision has been reached on the third the third amendment.
what five rights are guaranteed by the Sixth Amendment?
The sixth amendment rights are trial rights, including the right to a speedy trial, the right to an attorney, the right to face the witnesses against you, the right to trial by jury, and the right to know the charges against you.
What five rights are guaranteed by the Fifth Amendment?
The Fifth Amendment states the right of the accused, including the right to a grand jury, the right to be protected from double jeopardy, the right to eminent domain, the right not to incriminate oneself, and the right of due process of law.
when was ghr voting age lowered to 18?
The 26th amendment was passed in 1971, giving 18-year-olds the right to vote in the 1972 election for the first time.
Recommended textbook explanations
Magruder's American Government
United States Government: Our Democracy
Government in America: People, Politics, and Policy
George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry
Sets found in the same folder
AP Gov - Chapter 7
Institutions Of National Government
The Presidency AP Government Wilson Chapter 12
Government Test: Chapters 5-7
Sets with similar terms
Civil Liberties & Rights AP Gov
Government and economics
Other sets by this creator
US Constitution Quiz
Chapter 8- Test
Chapter 11 & 12
Chapter 7 & 13
Other Quizlet sets
amendments to the US constitution
strategic management exam 1
MENS REA, TRANSFERRED INTENT, AND MERGER
Public Policy Intern