Question 1

What are civil liberties?

Accepted Answer

Natural rights and freedoms that belong to everyone

Protections against a totalitarian government

Question 2

What are civil rights?

Accepted Answer

Personal rights designed to protect against discrimination and provide equality before the law

Question 3

What is a writ of habeas corpus?

Accepted Answer

An order that demands whoever is holding a detainee (e.g., a prison) to bring that detainee to court to determine if that detainee is being held unlawfully

Question 4

What is a bill of attainder?

Accepted Answer

Punishment without a proper judicial trial

(unconstitutional)

Question 5

What are ex post facto laws?

Accepted Answer

Laws that punishes an action that was legal when the action was originally performed

(unconstitutional)

Question 6

What is self-incrimination?

Accepted Answer

Making a statement that can lead to your criminal prosecution

(you have a right to refuse to make statements that could lead to your self-incrimination under the 5th Amendment)

Question 7

What is double jeopardy?

Accepted Answer

Prosecuting someone multiple times for the same offense

(prohibited by the 5th Amendment)

Question 8

What is incorporation?

Accepted Answer

Applying the guarantees of the Bill of Rights to state and local governments through the Due Process Clause of the Fourteenth Amendment

Question 9

What does the Establishment Clause do?

Accepted Answer

Prohibits Congress from making a law "respecting the establishment of religion"

(1st Amendment)

Question 10

How does Engel v. Vitale (1962) relate to the Establishment Clause?

Accepted Answer

It questioned whether prayer in school violated the Establishment Clause

Question 11

What is the lemon test?

Accepted Answer

To not violate the Establishment Clause, a law must:

have a secular (non-religious) purpose

not inhibit or advance a religion

not foster excessive government entanglement with religion

Question 12

What does the Free Exercise Clause do?

Accepted Answer

Protects the right of anyone to practice any religion

(1st Amendment)

Question 13

How does Wisconsin v. Yoder (1972) connect to the Free Exercise Clause?

Accepted Answer

It questioned whether forcing parents to send their children to school violated the Free Exercise Clause

Question 14

What is pure speech?

Accepted Answer

Communication through spoken or written words

(most protection by courts)

Question 15

What is symbolic speech?

Accepted Answer

Nonverbal and nonwritten forms of communication

(flag burning, wearing armbands, burning draft cards)

Question 16

What is speech plus?

Accepted Answer

Pure speech and symbolic speech used together

Question 17

How does Schenck v. US (1919) connect to freedom of speech?

Accepted Answer

It questioned whether the Espionage Act violated Schenck's 1st Amendment right to freedom of speech

Question 18

How does Tinker v. Des Moines (1969) connect to freedom of speech?

Accepted Answer

It questioned whether wearing armbands in school (symbolic speech) was protected by the 1st Amendment

Question 19

What is prior restraint?

Accepted Answer

Preventing material from being published before it is published because it is harmful

(1st Amendment heavily restricts prior restraint)

Question 20

How does New York Times v. US (1971) connect to freedom of speech?

Accepted Answer

It questioned whether the prior restraint on the NYT violated the 1st Amendment

Question 21

What does the First Amendment guarantee regarding assembly and petition?

Accepted Answer

The "right of the people peacefully to assemble, and to petition the Government for a redress of grievances"

Question 22

What are some Constitutional limits on the right of assembly?

Accepted Answer

The government may require protesters to get a permit, and police may disperse violent demonstrations to keep the peace

Question 23

How does McDonald v. Chicago (2010) relate to the right to bear arms?

Accepted Answer

It questioned whether Chicago's handgun ban violated the 2nd Amendment right to bear arms

Question 24

What is due process?

Accepted Answer

Fair treatment through the judicial system

(you can’t just be arrested; established in the 5th and 14th Amendments)

Question 25

What is procedural due process?

Accepted Answer

The requirement that certain procedures be followed in criminal/civil matters

(a jury, an attorney, no unwarranted searches, no self-incrimination)

Question 26

What is substantive due process?

Accepted Answer

The notion that due process protects more than just legal procedures

Allows courts to protect fundamental rights from government interference, even if rights are not enumerated

Question 27

What is eminent domain?

Accepted Answer

The right of the government to take property for public use, under the requirement that it provides just compensation for that property

(5th Amendment)

Question 28

Does the Constitution mention a "right to privacy"?

Accepted Answer

No, but the SCOTUS has interpreted rights to fall under privacy (e.g., Roe v. Wade (1973))

Inherent in the 14th Amendment's Due Process Clause

Question 29

How does Roe v. Wade (1971) connect to privacy?

Accepted Answer

It questions whether state laws that prohibited abortion abridged Roe's right to privacy under the Due Process Clause

Question 30

What does the Due Process Clause do?

Accepted Answer

Guarantees "due process of law" before the government may deprive someone of "life, liberty, or property"

(14th Amendment)

Question 31

What does the Fourth Amendment do?

Accepted Answer

Protects people from unreasonable searches and seizures by the government

Question 32

What is the exclusionary rule?

Accepted Answer

Evidence cannot be used in a court if it is collected/analyzed in a way that violates the defendant’s constitutional rights

Question 33

How does the Fifth Amendment protect the rights of the accused?

Accepted Answer

Allows the accused to avoid self-incrimination

Prevents double jeopardy

Question 34

What does the Sixth Amendment do?

Accepted Answer

Guarantees the right to...

a speedy and public trial

trial by a jury

an attorney

Question 35

How does Gideon v. Wainwright connect to the rights of the accused?

Accepted Answer

It questions whether the Sixth Amendment's right to a lawyer applies to states

Question 36

What does the Eighth Amendment do?

Accepted Answer

Prohibits cruel or unusual punishments, excessive bail, and excessive fines

Question 37

What does the Equal Protection Clause do?

Accepted Answer

Requires that states practice equal protection

No discrimination on differences without a legitimate purpose

(minors can't drink is allowed because it has a legitimate purpose)

Question 38

How did Plessy v. Ferguson (1892) affect civil rights?

Accepted Answer

Plessy's conviction upheld state-imposed racial segregation, inhibiting the advancement of civil rights

Question 39

How did Brown v. Board of Education (1952) affect civil rights?

Accepted Answer

The decision for Brown resulted in school segregation being declared unconstitutional, advancing civil rights

(compare with Plessy v. Ferguson (1896))

Question 40

What is Title IX of the Education Amendments Act of 1972?

Accepted Answer

A federal law that prohibits sex-based discrimination in any federally funded education program/activity

(lead to major advances for women in high school and college athletic and curricular programs)

Question 41

What is the main idea of Letter from Birmingham Jail?

Accepted Answer

People have a moral responsibility to break unjust laws and to take direct action rather than waiting potentially forever for justice to come through the courts

Question 42

What is affirmative action?

Accepted Answer

Policies favoring or aiding individuals who belong to groups that have previously been discriminated against

Seeks to correct effects of past discrimination

Question 43

Are affirmative action quotas in admission constitutional?

Accepted Answer

Yes, but only if race is not the only factor used

(Regents of the University of California v. Bakke (1978); Grutter v. Bollinger (2003))

Question 44

What were the facts of Engel v. Vitale (1961)?

Accepted Answer

The New York State Board of Regents (Vitale) authorized a short, voluntary prayer at the start of each school day

A group of organizations (Engel) challenged the prayer, claiming it violated the Establishment Clause

The NY Court of Appeals rejected their arguments

Question 45

What was the question of Engel v. Vitale (1962)?

Accepted Answer

Does reading a voluntary prayer at the start of the school day violate the Establishment Clause?

Question 46

What was the holding of Engel v. Vitale (1962)?

Accepted Answer

The state cannot hold prayers in public schools, even if participation is voluntary and the prayer is not tied to a particular religion

Violates the Establishment Clause by breaching the constitutional wall of separation between church and state

(6-1 for Engel)

Question 47

What were the facts of Wisconsin v. Yoder (1971)?

Accepted Answer

Three Amish parents refused to send their children to public schools because high school attendance was contrary to their religious beliefs

They were subsequently prosecuted under a Wisconsin law that required children to go to school until the age of 16

Question 48

What was the question of Wisconsin v. Yoder (1971)?

Accepted Answer

Did Wisconsin's requirement that parents send their children to school until age 16 violate the Free Exercise Clause?

Question 49

What was the holding of Wisconsin v. Yoder (1971)?

Accepted Answer

Yoder's interest in the free exercise of religion outweighed the State's interests in compelling school attendance

The values of the school were in sharp conflict with the values of the Amish

(unanimous decision for Yoder)

Question 50

What were the facts of Schenck v. United States (1919)?

Accepted Answer

Schenck (a socialist) distributed leaflets declaring that the draft for WWI violated the 13th Amendment's prohibition of involuntary servitude

The leaflets urged the public to disobey the draft but only advised peaceful action

Schenck was charged under the Espionage Act of 1917 for attempting to cause insubordination in the military and to obstruct recruitment

Question 51

What was the question of Schenck v. United States (1919)?

Accepted Answer

Did Schenck's conviction under the Espionage Act violate his 1st Amendment freedom of speech?

Question 52

What was the holding of Schenck v. United States (1919)?

Accepted Answer

The Espionage Act did not violate the 1st Amendment

The 1st Amendment does not protect speech that creates a "clear and present danger"

(unanimous decision for United States)

Question 53

What were the facts of Tinker v. Des Moines (1968)?

Accepted Answer

A group of students (Tinker) planned to wear black armbands to school to protest the Vietnam War

The principles of the Des Moines school learned about the plan and made a policy requiring any student wearing a black armband to remove it or be suspended

The students continued with the plan and were suspended for it

Their parents argued that the school policy violated the students' right to expression, and sought an injunction to prevent their children from being suspended

The district court dismissed the case

Question 54

What was the question of Tinker v. Des Moines (1968)?

Accepted Answer

Does prohibiting students from wearing armbands (symbolic speech) violate the protections of the First Amendment?

Question 55

What was the holding of Tinker v. Des Moines (1968)?

Accepted Answer

Prohibiting students from wearing armbands was a violation of the First Amendment

The school would have to prove that the armbands "materially and substantially interfere" with operations

(7-2 for Tinker)

Question 56

What were the facts of New York Times v. United States (1971)?

Accepted Answer

The Nixon Administration attempted to prevent the NYT and Washington Post from publishing materials belonging to a classified Defense Department study about Vietnam

Nixon argued that prior restraint was necessary to protect national security

Question 57

What was the question of New York Times v. United States (1971)?

Accepted Answer

Did the government's attempts to prevent publication of "classified information" violate the First Amendment?

Question 58

What was the holding of New York Times v. United States (1971)?

Accepted Answer

Prohibiting the publication of papers was unconstitutional and violated the First Amendment

The government did not overcome the "heavy presumption against" prior restraint; "security" is a vague word

Question 59

What were the facts of McDonald v. Chicago (2010)?

Accepted Answer

Chicago issued a law banning handguns and placing other restrictions on rifles and shotguns

After the SCOTUS declared that a DC handgun ban violated the 2nd Amendment, people (McDonald) sued Chicago and argued that the 2nd Amendment should apply to the states

The district court dismissed the case, and a court of appeals affirmed

Question 60

What was the question of McDonald v. Chicago (2010)?

Accepted Answer

Does the 2nd Amendment apply to the states?

(is it incorporated by the Due Process Clause?)

Question 61

What was the holding of McDonald v. Chicago (2010)?

Accepted Answer

The Second Amendment applied to the states

The right to self-defense is a "fundamental" and "deeply rooted" right

(5-4 for McDonald; case was given back to the appeal court)

Question 62

What were the facts of Roe v. Wade (1973)?

Accepted Answer

Jane Roe (pseudonym) filed a lawsuit against Henry Wade, the district attorney of Dallas, challenging a Texas law that made abortion illegal unless it was used to save a woman's life

Roe claimed that the laws were unconstitutionally vague and abridged her right to privacy

Question 63

What was the question of Roe v. Wade (1973)?

Accepted Answer

Does the Constitution recognize a woman's right to abortion?

Question 64

What was the holding of Roe v. Wade (1973)?

Accepted Answer

The Constitution does recognize a woman's right to abortion

The "right to privacy" in the 14th Amendment protects a woman's choice to have an abortion

This is balanced against protecting "the potentiality of human life"

(7-2 for Roe)

Unit 3: Civil Liberties and Civil Rights, AP U.S. Government and Politics Flashcards