Civil Liberties Flashcards

The 'right to privacy,' though not explicitly stated in the Constitution, was first recognized by the Supreme Court in which landmark case?

Answer: Griswold v. Connecticut

Griswold v. Connecticut (1965) recognized a constitutional right to marital privacy, derived from 'penumbras' and 'emanations' of several Bill of Rights amendments.

Which clause of the Fourteenth Amendment has been the primary vehicle for applying the Bill of Rights to the states?

Answer: Due Process Clause

The Due Process Clause of the Fourteenth Amendment has been used by the Supreme Court to incorporate most Bill of Rights protections against state governments.

When government regulates speech in a 'public forum' such as a park or sidewalk, which standard applies?

Answer: Time, place, and manner restrictions must be content-neutral and narrowly tailored

In traditional public forums, the government may impose content-neutral time, place, and manner restrictions if they are narrowly tailored to serve a significant interest.

The Eighth Amendment's prohibition on 'cruel and unusual punishment' was held in Atkins v. Virginia (2002) to bar executing which group of defendants?

Answer: People with intellectual disabilities

Atkins v. Virginia held that executing persons with intellectual disabilities violates the Eighth Amendment based on evolving standards of decency in American society.

Which constitutional protection prevents the government from quartering soldiers in private homes during peacetime without the owner's consent?

Answer: Third Amendment

The Third Amendment prohibits the government from forcing homeowners to house soldiers during peacetime without their consent, a reaction to British colonial practices.

The Ninth Amendment addresses which concern about the enumeration of rights in the Constitution?

Answer: That listing certain rights does not mean other rights retained by the people are denied

The Ninth Amendment clarifies that the enumeration of specific rights in the Constitution shall not be construed to deny or disparage other rights retained by the people.

In Engel v. Vitale (1962), the Supreme Court ruled that state-sponsored prayer in public schools violated which constitutional clause?

Answer: Establishment Clause of the First Amendment

Engel v. Vitale held that official state-composed prayers in public schools violate the Establishment Clause, even if the prayers are non-denominational and voluntary.