POLS 1336
US and Texas Constitution and Politics
University of Houston
Constitutionally guaranteed civil liberties exist to protect Americans from what?
Arbitrary government interference against citizens, opinions, and property.
Why is freedom of speech important to the democratic process?
Citizens must be able to:
- publicly criticize their government
- share
information and ideas
The concept of ________ refers to the legal safeguards that prevent the government from arbitrarily depriving citizens of their constitutionally protected rights.
Spoken words communicating ideas, opinions, or information.
Non-verbal communication such as picketing or wearing an arm band to signify protest.
What type of speech is unlikely to be limited or prohibited?
The U.S. Constitution, through the Bill of Rights, and state constitutions explicitly recognize and protect civil liberties, including freedom:
- of assembly
- of the press
- of speech
The constitutionally established guarantees that protect opinions and property against arbitrary government interference are known as _____.
_____ reflect positive acts of government for the purpose of protecting individuals against arbitrary or discriminatory actions.
Rank the following interpretations of the establishment clause from most strict to most flexible:
- Separation
- Neutrality
- Accommodation
Protection against cruel and unusual punishment is contained in the:
Which freedoms encourage community and civic engagement?
- the freedom of privacy
- the freedom of religion
- the freedom of criminal due process
The First Amendment clause barring the government from passing any laws that prohibit an individual’s practice of his or her religion is known as the _____clause.
What had prompted the movement for a safer nation?
The numerous mass shootings.
Which arguments relate to the controversy surrounding the Second Amendment?
- Easy access to firearms is a threat to public safety.
- Gun ownership creates a free and safe society.
The right of the individual to be left alone to make decisions freely is known as the right to ____.
Which of the following best describes positive acts of government intended to protect individuals against arbitrary or discriminatory actions?
The First Amendment freedoms that support civic discourse include which freedoms?
- freedom of the press
- freedom of speech
- freedom of assembly
During World War I, the Supreme Court was more willing to ____political speech that opposed the war effort.
Rank the Supreme Court standards for restricting speech from the oldest to the newest (current) test.
- The clear and present danger test
- The bad tendency test
- The clear and probable danger test
- The imminent lawless action test
The imminent lawless action test is also called the:
- Incitement test
- Brandenburg test
According to the establishment clause, the government is required to:
Remain neutral toward all religious institutions.
The theory that the Fourteenth Amendment’s due process clause requires states to uphold freedoms guaranteed in the Bill of Rights.
The process by which the Supreme Court gradually applied freedoms that served some fundamental principle of liberty to the states.
Speech that inflicts injury or results in public disorder is known as _____ words.
The Second Amendment protects and supports:
- A well-regulated militia
- The right to keep and bear arms
Civil libertarians are more likely to make which of the following arguments in the wake of 9/11?
Increased security measures might violate individual freedoms and rights.
Which of the following Fifth Amendment protections, if any, have not been incorporated as a protection by the Supreme Court?
The right to grand jury indictment
Which of the following types of speech are protected under the First Amendment?
- pure speech
- symbolic speech
Criminal due process rights
Which constitutional rights safeguard those accused of crimes and constrain government investigations, trials, and punishments?
The clear and present danger test
The government can restrict any speech that poses a threat that the government has the ability to prevent.
The government can restrict any speech that has the potential to incite crime or threaten the peace.
The clear and probable danger test
The government can restrict any speech to avoid a threat of grave danger, like an armed takeover of the U.S.
Based on their experiences with the British, what types of government action did the framers of the constitution seek to protect citizens against?
- censorship
- limitations of speech
- confiscation of property
Why has the Supreme Court placed restrictions upon the freedom of assemble?
In order to preserve order and public safety.
Over time the Supreme Court has distinguished between which two types of political expression?
- expression that the
government limits or even prohibits
- expression that the First Amendment protects
Which of the following elements found in the U.S. Constitution enunciates individual liberties?
In addition to the freedoms of speech and assembly, what other freedom does the First Amendment protect?
Which of the following levels of government does the Bill of Rights apply to today?
- state
- federal
The act of being tried again for the same crime after being cleared of it in court is known as ____.
Indecent or offensive speech or expression that is not protected under the First Amendment is known as ____.
What system exists to protect the civil liberties of American citizens?
True democracy ____ when the government controls the press.
Which of the following are essential in order to effectively engage in political life?
- freedom to congregate
- freedom of speech
The Bill of Rights initially applied only to which level of government?
What two values are in conflict because of the liberties ensured by the Bill of Rights?
The Supreme Court ruled that the Constitution protects two types of freedom of association, including ____ associations, which are close human relationships maintained as part of an individual’s personal liberty.
What are the considerations of the Lemon test for assessing a government program’s relationship with religious institutions?
- Does the state program have a secular purpose?
- Does the program have as its principal effect the advancement of religion?
- Does the program create excessive entanglement between church and state?
Freedom of speech includes spoken or written language but not symbolic actions such as picketing or wearing an armband to signify a protest.
False written statements about others that harm their reputation are known as ____.
False verbal statements about others are known as ____.
The law passed by Congress soon after the 9/11 attacks that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the ____.
What does the Fifth Amendment prohibit?
- double jeopardy
- compelled self-incrimination
Which of the following amendments contribute to ensuring criminal due process?
- Fourth Amendment
- Fifth Amendment
- Sixth Amendment
- Eighth Amendment
All forms of speech are protected under the US Constitution.
Which First Amendment clause is interpreted as defining the relationship between church and state?
The ____ clause of the First Amendment requires government neutrality toward religious institutions.
The ____ clause prohibits the government from taking hostile action toward individuals’ practice of their religion.
The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as ____ process protections.
Separation of Church and State
The establishment clause is often interpreted as a ____.
Which of the following constitutional amendments establish formal rules for conducting a trial?
- Fifth Amendment
- Sixth Amendment
The sharing of contrasting, even radical or loathsome, information is known as the marketplace of ____.
The Bill of Rights limits the power of which branches of the national government?
- Executive
- Legislative
- Judicial
An ancient right that protects an individual in custody from being held without the right to be heard in a court of law is known as:
Which of the following are established protections according to Miranda v. Arizona?
- the right to remain silent
- the right to an attorney
What does the vague language included in the Bill of Rights allow?
Opponents of intelligent design claim that the theory is another form of ____.
Which of the following are considered Sixth Amendment protections?
- the right to a speedy and public trail
- the right to a trial by a jury
- the right to counsel
The attempt to block the publication f material considered to be harmful is known as ____ restraint.
The Supreme Court decision that determined the right to privacy extended to include abortion is:
Since September 11, 2001, there has been an increase in perceived intrusions on which of the following?
- assembly
- free speech
How did the Supreme Court rule in U.S. v. O’Brien?
The Court upheld the punishment.
What did the Supreme Court decide in the 1925 case Gitlow v. New York?
States were required to protect freedom of speech as a fundamental liberty.
Which of the following principles are important to the First Amendment freedom of the press?
- ensuring that the government remains accountable to its citizens by exposing possible wrongdoing
- allowing citizens to hear competing ideas about public issues
An advertising statement is known as ____.
Where is the right to privacy found in the U.S. Constitution?
- interpretations of the Fourth Amendment
- interpretations of the Fifth Amendment
What function does the Bill of Rights serve?
- It establishes freedoms essential to community participation.
- It limits the arbitrary exercise of government power.
What type of speech is unlikely to be limited or prohibited?
How did the Supreme Court rule in the 1990 case Employment Division, Department of Human Resources v. Smith?
The court argued that the two employees broke the law.
The Court’s stance on freedom of assembly cases is often analogous with its stance in:
Which of the following acts of legislation legalized the surveillance of communications without a warrant or court order obtained by the U.S. government?
Which of the following scenarios would most likely qualify as libel or slander?
Publicly made defamatory statements with fault.
In a ____ democracy, which may take place through town meetings, citizens decide policy without elected representatives.
The process of deciding who benefits in society and who does not.
What are the primary priorities of government functions?
- to preserve order and stability in the event of national or human-made disasters
- to socialize new generations to the prevailing national culture
- to
protect a country’s sovereign territory and its citizenry
The primary functions of a government include:
- providing a wide variety of services to citizens
- establishing and maintaining a legal system
- raising and spending money to support the services it provides
Which of the following are examples of socialization of new generations?
- libraries
- participating in civic life
- police officers visiting an elementary school
- funding for schools
Emphasizes preserving tradition.
Stresses economic equality.
Believes government should intervene as little as possible.
How is the population of America changing?
- it is becoming older
- it is becoming more ethnically diverse
- it grew rapidly in the twentieth century
Why is it important for a government to provide national defense?
- to ensure that other nations do not violate established borders
- to protect the lives of citizens
Currently central issues of concern in American politics?
- economic equality
- threat of international terrorism
- health care reform
Why should you learn how to be engaged in politics?
- thoughtful, committed citizens can change the world
- you will understand the process of civic engagement
- you will
contribute to society
What benefits do politically engaged people experience?
- knowledgeable about pubic issues
- actively communicate with policy makers
- self-interest and the interest of others
- hold public officials accountable
- they get what they need from the government more
frequently
The government needs to establish and maintain a legal system to ____.
The following illustrate reasons why it is important to study the American government:
- understanding new changes to the American political system is crucial to participating in government
- understanding
the way the government functions allows you to better advocate for your own self-interests
Civic Engagement Activities
The action or activity must address a public concern.
When governments curtail liberties, they usually do so in the name of:
"Organization extending to the whole of society that can legitimately use force to carry out its decisions." -Dye, 2001
- Extending to the whole of society
- legitimate use of force
Everyone votes on all applicable laws.
The people vote on representatives who will vote on laws on their behalf.
Sugar, Stamp, and Townshend Acts
- Passed in the 1760s
- Affixed tariffs on imported items like sugar, ink and tea.
- First adopted in 1765; subsequently expanded.
- Colonists required to house British Soldiers.
- Passed in 1766
- States that parliament could do whatever it wanted in an effort to control the colonists.
Who wrote the Declaration of Independence?
- Thomas Jefferson
- Benjamin Franklin
- Roger Sherman
- John Adams
- Robert Livingston
"A government in which independent states unite for a common purpose, but retain their own sovereignty." -Barbour and Wright
"System of government where the local and regional governments derive all authority from a strong national government." -O'Connor
- An indebted Revolutionary War veteran led an insurrection against foreclosures in western Massachusetts.
- MA asks for help from the other states; only VA steps up.
- Future of the country was at stake.
Deals with day to day laws, policies, etc.
The Constitution came up with 2 different types of laws:
- statutory
- constitutional
- Favored a strong, central government and a radical departure from the Articles of Confederation.
- Often wealthy attorneys or merchants.
- Supported a smaller, local government (more closely resembling the Articles of Confederation).
- Feared that a large government could trample upon individual rights.
- Most owned small farms.
- "The state of being free from intrusion or disturbance in one's private life or affairs."
- Not stated explicitly anywhere in the US Constitution.
- Rather, this right is implied by various amendments.
- Norma McCorvey, a Dallas woman, sought an abortion.
- Texas prohibited abortions, unless mother's life was in danger.
- Defendant was Henry Wade.
- Justice Harry Blacknun wrote the majority opinion.
- TX abortion law violated the right to privacy (due process clause) 14th Amendment.
- Proposed by James Madison.
- Favored a strong, central government.
- Congress would be bicameral with states being assigned representatives on the basis of population.
- Favored by smaller states, because they were afraid that their interests could be overlooked by larger states.
- Congress would be unicameral with each state receiving two representatives regardless of the population.
- Also contained the supremacy clause.
- Written by James Madison, Alexander Hamilton and John Jay.
- Sent to newspapers in NY.
Full Faith and Credit Clause
Proposal:
- 2/3 of both chambers of congress must agree OR 2/3 of state legislatures request a convention.
Ratification:
- 3/4 vote of all state legislatures (38 states) OR 3/4 vote in special conventions.
- Supremacy Clause
- Federal government to pay off debts for Revolutionary War.
- No religious test for those holding public office.
- Ratification
- Constitution effective upon ratification by 9/13 states and only in those states that had ratified it.
Freedom of speech, press, assembly, freedom of religion, freedom to petition the government.
No quartering of soldiers.
Freedom from unreasonable searches and seizures.
Due process for the accused; eminent domain restrictions.
Speedy, public trial by jury. No double jeopardy.
Right to trial by jury in civil suits.
No cruel and unusual punishment.
Unlisted rights reserved for citizens.
Reserved powers (powers not explicitly granted to the national government) for the states.
- CT law prohibited the use of contraceptives.
- Enforcement of law - government knew about couple's intimate lives.
- MA banned the scale of contraceptives.
- Now, the government tries to influence what happens in private life.
Webster v. Reproductive Health Services
- public funding of abortions
- public employees/facilities from participating in abortion
- exceptions if the abortion was necessary to save the mother's life
- supreme court ruled in favor of Missouri
Planned Parenthood v. Casey
- prohibition of "undue burdens"
- "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability."
- spousal notice - no longer a law
- informed consent
- parental notification/consent
- 24 hour waiting period
- reporting requirements by abortion providers
Establishment Positions:
- Abortion is a medical procedure; as such, a woman's right to choose must always be protected.
- Mission statement for the National Right to Life Committee.
- Goals include: reduce the # of abortions, raise awareness, generate sympathetic public opinion.
- requires abortion providers to obtain admitting privileges at a nearby hospital
- requires abortions to occur in ambulatory surgical centers
- prohibits most abortions after 20-22 weeks.
"The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals."
Civil Rights protect against discrimination against:
- gender/gender identity or sexual orientation
- pregnancy
- age
- disability
- religion
- veteran status
- national origin/ethnicity