Civil Liberties: Govt 2305 United States Government
Civil Liberties -- Chapter 15 Study Sheet
Govt 2305 United State Government -- Johansson
1. Civil Liberties are guarantees against or freedom from government interference in our personal lives. Civil liberties in the U.S. come from the Bill of Rights and some are in the body of the Constitution.
2. What civil liberties are given Americans in the 1st amendment? It contains most of our political liberties like the freedom of speech and the press, the right to assemble and petition the government, plus other “classic” civil liberties like the freedom of religion.
3. Selective incorporation is the gradual or piecemeal process by which the Supreme Court makes provisions of the bill of rights apply to the states. Explain how this process works. Give one example. what this looks like is first a state law is challenged in a federal court (that is, someone claims the law …show more content…
violates that constitution), then the Courts rule that the provision of the bill of rights does apply to the States, and then decides whether or not the law in question violates that provision
4. What is the 14th amendment? The 14th amendment makes former slaves U.S. citizens and extends civil liberties protections given in the Bill of Rights to protect against State government intrusions or violations. What was the “due process” clause meant to do? -- very long amendment, but four important clauses from our perspective. i. all persons born or naturalized in U.S. are citizens of the U.S. and of the State in which they reside ii. no state "shall make or enforce any law which call abridge the privileges or immunities" of U.S. citizens. iii. "nor shall any State deprive any person of life, liberty or property without due process of the law" iv." nor deny any person within its jurisdiction equal protection of the law."
5. What is strict scrutiny? The assumption that actions by elected bodies or officials violate the Constitution. When does strict scrutiny apply? When burden of proof falls on defender of law. What difference does it make if a law is being judged under strict scrutiny vs. ordinary scrutiny?It makes a difference because ordinary scrutiny the state law is assumed to be constitutional unless it is proven otherwise and the burden of proof falls on challenger of law.
6. Under what conditions can freedom of speech be limited in the U.S. according to Supreme Court rulings since 1969? Speech that presents a “clear and present danger” may be restricted, however the danger must be so imminent that is threatens to overwhelm authorities’ ability to maintain order.
7. What is symbolic speech? Symbolic speech is the expression of opinions or positions by means other than the spoken or written word. Is it a protected form of expression? May be restricted but is usually protected by Supreme Court.
8. What is prior restraint? The government’s power to prevent publication of material to which it objects, as opposed to punishment afterward. What are shield laws? laws that protect reporters from having to reveal their sources What is the status of these in Supreme Court rulings? They say the U.S. constitution does not protect reporters from having their sources.
9. Is obscenity protected by freedom of speech? The Supreme Court says obscenity is NOT protected by U.S. Constitution. What is the test for obscenity? The average person, applying contemporary standards, must find that the work as a whole appeals to the “prurient interest”, state law must specifically define what depictions of sexual conduct are obscene, the work as a whole must lack serious literary, artistic, political or scientific value.
10. What is the current interpretation of the “free exercise clause” by the Supreme Court? Neither the state nor federal governments may interfere with religious beliefs however some actions are not absolutely protected.
11.What is the Lemon test for testing if a law or action of government violates the “establishment of religion” clause in the constitution? To test whether a law violates the establishment of religion clause. Law must have a secular purpose, the primary effect of the law cannot be to advance or hinder religion, government must never foster excessive entanglements between the state and religion.
12. What is the right to privacy and how was it established? Very controversial: Not explicitly mentioned in the Constitution though the 9th amendment does explicitly say that just because a right is not listed in the bill of rights does not mean it does not exist, right to privacy is implied by the guarantee against unreasonable searches and seizures, against quartering troops in private homes during peacetime, and by such things as the right to freedom of expression and conscience, said to cover controversial issues.
13. What is the exclusionary rule and what amendment is it meant to give force to? A standard promulgated by the Supreme Court that prevents police and prosecutors from using evidence against a defendant that was obtained in an illegal search. it gives force to the 4th amendment.
14. What are the exceptions to the exclusionary rule and how do they work? Good faith exception- police relied on what appeared to be a valid warrant, but which later proved not to be. Inevitable discovery exception- the illegally obtained evidence would have been discovered eventually without the illegal search due to following normal police procedure. Retroactive probable cause- prosecutors may use products of the illegal search if evidence unrelated to the illegal search would have justified a search warrant.
15. What is our right again self-incrimination and what court case forces law enforcement officials to inform people of these rights upon arrest? 5th amendment and Miranda rights. Once taken into custody a person must be informed of their right to remain silent and consult with an attorney.
16.What is the right to council?
The right to a fair trial. Where does it come from? The 6th Amendment. Which category of defendants were the first to be given this right when accused of a crime by a state? Anyone charged with a capital offense (must be provided an attorney) Which category came next? Anyone charged with a felony (must be provided an attorney) Which criminal defendants still do not have this right? If he or she is not sentenced to actual imprisonment and could not have been sentenced for more than one year.
17. What amendment is usually used to argue against the constitutionality of capital punishment? Violates the 8th amendment prohibitions against cruel and unusual punishment. Is the death penalty constitutional, according to the Supreme Court? Courts have not agreed with this argument but have many rulings regarding Capital punishment. Why was there previously a mortetorium on the imposition of the death penalty? How has capital punishment been restricted since 2000?
18. What is the Patriot Act? a) expanded power of fed go to use wiretapping and electronic
surveillance b) imposed stricter penalties for harboring or financing terrorists c) increased fed gobs ability to monitor e-mails and bank records of suspect individuals and organizations d) allowed go to turn away from our borders anyone who endorses terrorism e) allowed go to detain any non-citizen living in U.S. whom the attorney general saw as a threat to national security. What types of restrictions on civil liberties have been put into place by the Patriot Act and other executive orders of former President G. W. Bush? Bush expanded the use of provision that lets the FBI access customer bank and telephone records. How has Congress reacted to these restrictions? Passed act in 200. passed a bill proposed by Bush allowing more latitude in the use of wiretaps and protecting companies from lawsuits How have the Federal courts reacted?
Govt 2305 United State Government -- Johansson
1. Civil Liberties are guarantees against or freedom from government interference in our personal lives. Civil liberties in the U.S. come from the Bill of Rights and some are in the body of the Constitution.
2. What civil liberties are given Americans in the 1st amendment? It contains most of our political liberties like the freedom of speech and the press, the right to assemble and petition the government, plus other “classic” civil liberties like the freedom of religion.
3. Selective incorporation is the gradual or piecemeal process by which the Supreme Court makes provisions of the bill of rights apply to the states. Explain how this process works. Give one example. what this looks like is first a state law is challenged in a federal court (that is, someone claims the law …show more content…
violates that constitution), then the Courts rule that the provision of the bill of rights does apply to the States, and then decides whether or not the law in question violates that provision
4. What is the 14th amendment? The 14th amendment makes former slaves U.S. citizens and extends civil liberties protections given in the Bill of Rights to protect against State government intrusions or violations. What was the “due process” clause meant to do? -- very long amendment, but four important clauses from our perspective. i. all persons born or naturalized in U.S. are citizens of the U.S. and of the State in which they reside ii. no state "shall make or enforce any law which call abridge the privileges or immunities" of U.S. citizens. iii. "nor shall any State deprive any person of life, liberty or property without due process of the law" iv." nor deny any person within its jurisdiction equal protection of the law."
5. What is strict scrutiny? The assumption that actions by elected bodies or officials violate the Constitution. When does strict scrutiny apply? When burden of proof falls on defender of law. What difference does it make if a law is being judged under strict scrutiny vs. ordinary scrutiny?It makes a difference because ordinary scrutiny the state law is assumed to be constitutional unless it is proven otherwise and the burden of proof falls on challenger of law.
6. Under what conditions can freedom of speech be limited in the U.S. according to Supreme Court rulings since 1969? Speech that presents a “clear and present danger” may be restricted, however the danger must be so imminent that is threatens to overwhelm authorities’ ability to maintain order.
7. What is symbolic speech? Symbolic speech is the expression of opinions or positions by means other than the spoken or written word. Is it a protected form of expression? May be restricted but is usually protected by Supreme Court.
8. What is prior restraint? The government’s power to prevent publication of material to which it objects, as opposed to punishment afterward. What are shield laws? laws that protect reporters from having to reveal their sources What is the status of these in Supreme Court rulings? They say the U.S. constitution does not protect reporters from having their sources.
9. Is obscenity protected by freedom of speech? The Supreme Court says obscenity is NOT protected by U.S. Constitution. What is the test for obscenity? The average person, applying contemporary standards, must find that the work as a whole appeals to the “prurient interest”, state law must specifically define what depictions of sexual conduct are obscene, the work as a whole must lack serious literary, artistic, political or scientific value.
10. What is the current interpretation of the “free exercise clause” by the Supreme Court? Neither the state nor federal governments may interfere with religious beliefs however some actions are not absolutely protected.
11.What is the Lemon test for testing if a law or action of government violates the “establishment of religion” clause in the constitution? To test whether a law violates the establishment of religion clause. Law must have a secular purpose, the primary effect of the law cannot be to advance or hinder religion, government must never foster excessive entanglements between the state and religion.
12. What is the right to privacy and how was it established? Very controversial: Not explicitly mentioned in the Constitution though the 9th amendment does explicitly say that just because a right is not listed in the bill of rights does not mean it does not exist, right to privacy is implied by the guarantee against unreasonable searches and seizures, against quartering troops in private homes during peacetime, and by such things as the right to freedom of expression and conscience, said to cover controversial issues.
13. What is the exclusionary rule and what amendment is it meant to give force to? A standard promulgated by the Supreme Court that prevents police and prosecutors from using evidence against a defendant that was obtained in an illegal search. it gives force to the 4th amendment.
14. What are the exceptions to the exclusionary rule and how do they work? Good faith exception- police relied on what appeared to be a valid warrant, but which later proved not to be. Inevitable discovery exception- the illegally obtained evidence would have been discovered eventually without the illegal search due to following normal police procedure. Retroactive probable cause- prosecutors may use products of the illegal search if evidence unrelated to the illegal search would have justified a search warrant.
15. What is our right again self-incrimination and what court case forces law enforcement officials to inform people of these rights upon arrest? 5th amendment and Miranda rights. Once taken into custody a person must be informed of their right to remain silent and consult with an attorney.
16.What is the right to council?
The right to a fair trial. Where does it come from? The 6th Amendment. Which category of defendants were the first to be given this right when accused of a crime by a state? Anyone charged with a capital offense (must be provided an attorney) Which category came next? Anyone charged with a felony (must be provided an attorney) Which criminal defendants still do not have this right? If he or she is not sentenced to actual imprisonment and could not have been sentenced for more than one year.
17. What amendment is usually used to argue against the constitutionality of capital punishment? Violates the 8th amendment prohibitions against cruel and unusual punishment. Is the death penalty constitutional, according to the Supreme Court? Courts have not agreed with this argument but have many rulings regarding Capital punishment. Why was there previously a mortetorium on the imposition of the death penalty? How has capital punishment been restricted since 2000?
18. What is the Patriot Act? a) expanded power of fed go to use wiretapping and electronic
surveillance b) imposed stricter penalties for harboring or financing terrorists c) increased fed gobs ability to monitor e-mails and bank records of suspect individuals and organizations d) allowed go to turn away from our borders anyone who endorses terrorism e) allowed go to detain any non-citizen living in U.S. whom the attorney general saw as a threat to national security. What types of restrictions on civil liberties have been put into place by the Patriot Act and other executive orders of former President G. W. Bush? Bush expanded the use of provision that lets the FBI access customer bank and telephone records. How has Congress reacted to these restrictions? Passed act in 200. passed a bill proposed by Bush allowing more latitude in the use of wiretaps and protecting companies from lawsuits How have the Federal courts reacted?