Exam 4: Civil Rights and Liberties
Identify two major failures of the constitutional system of rights and liberties that have occurred in American history. What circumstances produced these failures? How have they been addressed? In your opinion, how successful have these efforts been?
A thorough answer may include the following:
•Japanese internment during World War II: U.S. officials feared that Japanese Americans would spy on the U.S. government, and in an effort to avoid this, Japanese Americans were placed in prisonlike internment camps to isolate them. More than 120,000 people were placed in the camps, many of them American citizens. In Korematsu, the Court ruled that the government was justified in detaining these individuals because national security trumped individual rights.
•Dred Scott Supreme Court decision of 1857: this stated that the Founders did not consider African Americans to be part of the "people of the United States." This thinking precluded blacks from possessing the rights and privileges granted to people in the Constitution; although the decision was overturned in 1868, it would be another 100 years before legislation in response to the civil rights movement attempted to remedy much of the political oppression faced by African Americans.
Which standard of judicial review requires only that a law have a reasonable relationship between its goal and the means used to achieve it?
D
Under U.S. legal code, which of the following types of discrimination is the most generally accepted?
C
Which of the following is true of how the United States has generally dealt with new populations of immigrants?
Which statement best describes the current state of affirmative action law, in the aftermath of the Bollinger cases of 2003 and the Fisher cases of 2013?
Which is the LEAST restrictive standard of review used by the Supreme Court?
What event effectively began the process of incorporation in the American states?
According to utilitarian claims on the justification for rights and liberties, how are rights and liberties justified?
In the 1944 case Korematsu v. U.S., the Supreme Court ruled that the internment of Japanese Americans was constitutional because it forwarded a compelling state interest of national security. This is an example of which type of judicial review?
What are the trade-offs involved in the systems of rights and liberties established by the U.S. Constitution? How do citizens benefit from these limitations on government power? How do constitutional protections potentially harm or impose costs on citizens or on the community? In your opinion, has the U.S. system of rights and liberties struck an appropriate balance between individual rights and community needs? Why or why not?
A law that banned Inuits from buying property in Alaska would be reviewed under which of the following standards of judicial review?
Which is the process by which the rights and liberties guaranteed by the Bill of Rights are applied to state and local governments through the Fourteenth Amendment?
In the Philip K. Dick short story and Steven Spielberg film "Minority Report," individuals with heightened psychological senses see crimes occur before they actually happen, which allows the police to arrest individuals on the basis of the visions before a crime has occurred. What body would define the limits on this sort of practice, and why?
What is the central constitutional question surrounding the Second Amendment?
Which of the following best describes the status of rights and liberties in the United States since the enactment of the Constitution?
Which is the principle stating that laws passed and enforced by states must apply fairly to all individuals?
Which of the following best describes rights in the United States versus other democracies?
Which set of laws passed after the Civil War established a system of segregation of public facilities and private establishments, effectively making African Americans second-class citizens?
A statute that discriminates on the basis of ________ would be reviewed under intermediate scrutiny by the U.S. Supreme Court.
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