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Civil Liberties Overview
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Civil Liberties Overview
Untitled Flashcards
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1
Question
What is the imprisonment rate in the United States compared to other nations?
Answer
531,100,000 people. The United States has 5% of the world's population and 25% of the world's prisoners.
2
Question
What are the three most important provisions of the Fourteenth Amendment?
Answer
Citizenship Clause, Due Process Clause, Equal Protection.
3
Question
What are some rights we have that are not listed in the Constitution?
Answer
Fundamental rights include the right to privacy, right to marry, right to travel, and right to raise children.
4
Question
What was the concept of incorporation?
Answer
The concept of incorporation is that it should protect individuals from the state and federal government.
5
Question
What is selective incorporation?
Answer
Selective incorporation is the legal doctrine through which certain rights in the Bill of Rights are applied to the states.
6
Question
Which parts of the Bill of Rights have not yet been incorporated?
Answer
Be sure to recognize the parts of the Bill of Rights not yet incorporated.
7
Question
What was decided by Barron v. Baltimore?
Answer
They took away his dock port property and he was mad and appealed, but the state didn't have to pay him back because it only mattered to the federal government. Bill of Rights, 14th Amendment, CASE DISMISSED BC LACK OF JURISDICTION.
8
Question
What are the two clauses about religion in the First Amendment?
Answer
Establishment Clause and Free Exercise Clause.
9
Question
What are the two meanings of the Establishment Clause according to the Supreme Court?
Answer
The two meanings have not been explicitly stated in the input but can revolve around the separation of church and state and the prohibition of government involvement in religious activities.
10
Question
To what kinds of cases would the Supreme Court apply the wall of separation doctrine?
Answer
The Supreme Court has applied the wall of separation doctrine in cases such as the display of the Ten Commandments, teaching of evolution and creationism, and moments of silence.
11
Question
What might make a moment of silence unconstitutional?
Answer
If it is used as a substitute for public prayer, for example, if it involves a posture such as kneeling down and hands together in a praying pose.
12
Question
In what types of cases do the courts follow the accommodation doctrine?
Answer
The courts typically apply the accommodation doctrine when the issue is something other than public school.
13
Question
What percentage of Americans would like for the nation to have an official religion?
Answer
Approximately 20% of Americans.
14
Question
What was the Bellamy salute?
Answer
The Bellamy salute was a gesture used during the Pledge of Allegiance in schools.
15
Question
Why was the Bellamy salute a problem?
Answer
It resembled Hitler's salute, which created negative connotations.
16
Question
How did Congress solve the problem the Bellamy salute created?
Answer
Congress decided on the hand over the heart gesture.
17
Question
How did the Court originally rule on laws requiring children to say the Pledge of Allegiance?
Answer
Initially, they ruled that you could expel children for not saying it, but later changed their mind stating it was wrong due to free rights.
18
Question
What is snake handling?
Answer
Snake handling is a religious practice where individuals hold snakes, and if it bites, it is considered a test of faith. It is illegal in Tennessee.
19
Question
What about the wearing of religious symbols? Are they protected?
Answer
Yes, wearing religious symbols such as crosses is protected under freedom of religion.
20
Question
What about the growing of a beard for religious reasons in prison?
Answer
Prisons cannot cut a person's beard for religious reasons, as shown in a case where a family sued and won.
21
Question
What about the right to wear a head covering even if company policy is against it?
Answer
You are allowed to wear a head covering if it is against your religion.
22
Question
What is the significance of the Hobby Lobby ruling?
Answer
The significance was that Hobby Lobby did not have to provide medical insurance for abortion and birth control due to it being a family business with religious beliefs against those services.
23
Question
What does it mean when we say we have a federal system?
Answer
The federal system is only the national government and the states. States own their cities and counties.
24
Question
Are cities and counties part of the federal system?
Answer
No.
25
Question
Which party tends to govern cities?
Answer
Cities are generally governed by Democrats.
26
Question
Which party tends to govern states?
Answer
States are generally governed by Republicans.
27
Question
What factors make cities so powerful?
Answer
Cities are powerful entities with lots of people and big economies.
28
Question
How did the federal government get states to adopt a national speed limit and a national drinking age?
Answer
The federal government threatened to withhold the states' money, using its spending power to incentivize states, overriding their reserved powers and police powers.
29
Question
When the Supreme Court overturns a state law, what happens to all the other similar state laws?
Answer
They are invalidated because they conflict with the Courts ruling, as the decision sets a national precedent.
30
Question
Who is Kim Davis and what were her actions concerning same-sex marriage? What was her justification? What does the Constitution say about state officials and federal rules?
Answer
Kim Davis was a county clerk in Kentucky who refused to issue marriage licenses to same-sex couples after the Supreme Court's ruling. She justified her actions based on religious beliefs. The Supremacy Clause of the US requires state officials to follow federal laws and Supreme Court rulings.