PoliSci Notes Ch. 4

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The University of Tennessee, Knoxville *

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Political Science

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Oct 30, 2023

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1. What are civil liberties? How do they constrain what the government can do? Civil liberties protect citizens from being abused by the government. This includes all rights granted to the people in the Constitution. They regulate what laws or rules a government can impose on its people. 2. What is the Bill of Rights? What stance did the anti-federalists take on the Bill of Rights? What stance did the federalists take on the Bill of Rights? Why? The Bill of Rights is the first 10 amendments of the Constitution that give us civil liberties. The anti-federalists were in favor of it because it gave more power to the people and less to the national government. The federalists believed it wasn’t necessary in preventing tyranny because the federal government was already set up to do that. 3. What is the concept of dual citizenship? How did it decrease the power of the Bill of Rights prior to the civil war? Why was Barron vs Baltimore such an important Supreme Court Case? Dual citizenship means that we are a citizen of the United States of America, but also the state we live in. Before the civil war, this meant that the Bill of Rights didn’t protect people from their state’s government, just the federal. In Barron vs. Baltimore, this was made clear to the people. The case solidified the states’ rights to be in full control of their domain, and allowed states to do things that went against the US Constitution and Bill of Rights. 4. What was the Fourteenth Amendment? When was it created and why is it so important? The Fourteenth Amendment states that all people born or naturalized in the US are citizens of the US and their state. It was created after the Civil War, but wasn’t used by Congress much until the 19th century. It’s important because it nationalizes our civil liberties, and protects us from state governments that might abuse their powers. 5. What is selective incorporation? Selective incorporation, as referred to in the textbook, is when the federal government applies civil liberties one-by-one to the states. 6. What was the significance of Brown vs the Board of Education in terms of its effects on civil liberties? What was the significance of Gideon vs Wainwright, Mapp vs. Ohio, and Miranda vs. Arizona? Brown vs. the Board of Education paved the way for many civil liberties to be incorporated into the Bill of Rights by increasing federal power to protect civil liberties. Gideon vs. Wainwright granted all people the right to counsel when going to court. Mapp vs. Ohio protected citizens by banning the use of evidence gained illegally under the Fourth Amendment. Miranda vs. Arizona granted us Miranda rights that entitle all people to be informed of their legal rights when being arrested. 7. What is the First Amendment and what civil liberties does it protect? What is the establishment clause? What is “separation of church and state”? What is the Lemon test? What is the free exercise clause? The First Amendment protects our rights to freedom of speech, protest, press, assembly, and religion. The establishment clause states that Congress cannot make laws regarding religion. Separation of church state refers to the idea that governments cannot make laws regarding religion or promote/deny religious establishments. The Lemon test rules that governments can work with religious establishments by aiding them, but cannot promote or inhibit them. The free exercise clause gives us the right to practice whatever religion we want. 8. What is freedom of speech? What is political speech? What is clear and present danger? Is free speech absolute or are there cases where government has restricted it in the past? Freedom of

speech grants us the right to voice our opinions and participate in debate. When someone uses speech to discuss government actions, it’s called political speech. The federal government has limited speech when its justifiable under the Constitution. For example, the federal government can limit speech if it poses danger to national security. 9. What is freedom of assembly? What is “speech plus”? Freedom of assembly allows us to assemble peacefully. This can be done by participating in picketing, demonstrations, and sit- ins. Speech plus is when speech is mixed with assembly. 10. What is freedom of the press? What is libel and slander? Freedom of press protects media outlets from federal prosecution. Libel is a written statement that is written with the purpose to damage someone’s reputation. Similarly, slander is a defamatory, oral statement. 11. What are some of the controversies surrounding pornography, student speech, and hate crimes? The Supreme Court has gone back and forth on its ruling around pornography and obscenity. Currently, they face the complexities of children with unmonitored internet access. The courts do regulate internet obscenity, but do not have a set of rules surrounding it. Student speech has been protected, but under the grounds that students aren’t interfering with education or promoting illegal activities. In more modern American history, hate crimes have been punished and minority groups have been legally protected from them. There is discourse surrounding what qualifies as hate speech, but courts have the power to decide. 12. What is the Second Amendment, and what are some of the controversies surrounding the Second Amendment? The Second Amendment grants us the right to bear arms as well as protection like police. Recently, gun violence led Obama to reforming the gun access system. However, Trump undid many of those reforms. There are many people on both sides of the argument about whether or not gun laws should be nationally reformed. 13. What are the rights of the criminally accused? What is due process? The criminally accused have the right to a fair trial and impartial jury. Due process outlines that all citizens are entitled to protection under the law when being tried. 14. What rights are provided by the fourth, fifth, sixth, and eighth amendments? The Fourth Amendment protects us from unreasonable searches and determines that warrants can only be given with probable cause. The Fifth Amendment gives us the right to a grand jury, protects us from being tried for the same crime twice, or testifying against oneself. It also maintains one’s rights to life, liberty, and property unless convicted via due process of the law, and protects private property from being taken by the government without compensation. The Sixth Amendment outlines our right to a fair trial. This includes it being done in a timely manner, having an impartial jury, right to counsel, and being fully informed of the accusation. It also includes being able to have witnesses that speak in your favor as well those that speak against you. The Eighth Amendment prevents excessive punishment or fining. It also prohibits 15. What is the right to privacy? What are some of the controversies over the right to privacy? The right to privacy is stated in the textbook as the right to be left alone. This came up when there was very regulated and limited access to birth control. The Courts ruled that people had the right to make their own decisions regarding contraception, and the states shouldn’t have a say.

16. What is Roe vs. Wade? What is Lawrence vs. Texas? Why are these significant court cases? Roe vs. Wade determined that states could not delegalize abortion, and that all women have the right to get an abortion. This case nationalized the laws around abortion and increased government power. However, states still have the power to make laws that restrict it. Lawrence vs. Texas prohibited the prosecution of private sexual behavior. This was important because it meant that people that are a part of the LGBTQ+ community can’t be criminalized for sleeping with someone of the same sex.

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