Chapter 4 Review
Civil Liberties
1. What are the
Bill of Rights?
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
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?
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?
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
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?
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?
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?
7. What is libel?
The publication of material that
falsely damages a person’s
reputation
8. What is slander?
8. What is slander?
Spoken words that falsely
damages another person’s
reputation
9. What is the Establishment
clause?
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?
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?
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?
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?
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?
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?
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?
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.
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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!