POSC 1010 EXAM 2 | QUESTIONS AND ANSWERS | VERIFIED AND
WELL DETAILED ANSWERS | LATEST EXAM
What are due Process Rights - CORRECT ANSWER - The government cannot
take away your "life, liberty, or property" without "due process of the law."
This basically means that the legal process must be fair if they are going to put
you in jail or take your
property or both.
Due Process rights are found in the 4th, 5th, 6th, and 8th amendments.
4th Amendment - CORRECT ANSWER - Protection against unreasonable
searches and seizures
Law enforcement needs a warrant from a judge, proving probable cause to
search your home or to
listen in to your communication, etc.
•Unless you give them permission
•Unless evidence is in plain view
•Unless they are there to arrest you (then only in the area where you are being
arrested)
•Unless there is an emergency such as a kidnapping, active shooting, or bomb
threat.
5th Amendment - CORRECT ANSWER - •"Plead the fifth" in court.
•Miranda rights
•Double jeopardy
•Can't be tried again if not guilty
1. Can be tried for the same crime at state and federal
,2. Can be tried in criminal court and in civil court
•Also details how and when the government can take your property (ex: eminent
domain)
6th Amendment - CORRECT ANSWER - •The right to legal counsel Gideon
v. Wainwright (1963)
•The right to a speedy trial Must begin within 70 days
•The right to an impartial jury trial
Cannot eliminate jurors based upon race or gender
8th Amendment - CORRECT ANSWER - Prohibits "cruel and unusual
punishment"
Privacy Rights - CORRECT ANSWER - The word privacy does not
specifically appear in the Constitution
Mostly protected by specific laws (HIPAA)
But these protections also come from several of the BOR amendments
Where is privacy most often stated - CORRECT ANSWER - The right to
privacy is most often cited in the Due Process Clause of the 14th Amendment,
which states:
No state shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the
United States; nor shall any state deprive any person of life, liberty, or property,
without due process
of law; nor deny to any person within its jurisdiction the equal protection of the
laws.
Roe v. Wade (1973) - CORRECT ANSWER - Roe alleged that the state laws
were unconstitutionally vague and abridged her right of personal privacy,
,protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. Struck
down laws in 46 states
limiting abortion as too broad
Instead...
First trimester: States cannot restrict
Second trimester: Based upon the health of the mother
Third trimester: can be forbidden
Many cases challenged different aspects (parental consent, waiting period,
counseling against)
but the court has generally upheld Roe.
Opinions have shifted away from Roe's trimester system and toward discussions
of viability.
2016: "undue burden" meaning that laws that make it too difficult to get an
abortion, even if they don't outlaw
it are still unconstitutional.
2021: Texas bans abortions after six weeks
Civil Rights - CORRECT ANSWER - •Rights that guarantee freedom from
discrimination
•Includes both the government and private companies and individuals
Missouri Compromise (1820) - CORRECT ANSWER - •Limited the
expansion of slavery
•Kept the balance between the number of slave/non-slave states
Compromise of 1850 - CORRECT ANSWER - •California was admitted as a
free state
•Fugitive Slave Act was passed
, Dred Scott Decision - CORRECT ANSWER - •Signaled the end of potential
compromise
13th Amendment - CORRECT ANSWER - outlawed slavery
14th Amendment - CORRECT ANSWER - granted citizenship to former
slaves and said that the states had to protect rights/freedoms
15th Amendment - CORRECT ANSWER - expanded voting to black men
Jim Crow Laws (1877-1965) - CORRECT ANSWER - •Segregation of the
races in neighborhoods, hotels, hospitals, schools, restrooms, etc.
•Made interracial marriage a crime
•Voter literacy laws and white primaries
Plessy v. Ferguson (1896) - CORRECT ANSWER - Separate but equal is
Constitutional
Tulsa Massacre of 1921 - CORRECT ANSWER - •Greenwood: A Tulsa
neighborhood known as Black Wall Street
•Dick Rowland (19) tripped going into an elevator operated by Sara Page (17)
and touched her arm.
•A white mob came for Rowland at the jail where he was being protected by a
group of black WWI vets. The vets retreated to Greenwood.
•Reports of a race riot led neighboring towns to help torch Greenwood
•>2,000 homes and businesses destroyed
•>6,000 black citizens arrested
•Death toll is unclear, estimated as high as 300
•Charges against Dick Rowland were dropped
•News reports were largely squelched
WELL DETAILED ANSWERS | LATEST EXAM
What are due Process Rights - CORRECT ANSWER - The government cannot
take away your "life, liberty, or property" without "due process of the law."
This basically means that the legal process must be fair if they are going to put
you in jail or take your
property or both.
Due Process rights are found in the 4th, 5th, 6th, and 8th amendments.
4th Amendment - CORRECT ANSWER - Protection against unreasonable
searches and seizures
Law enforcement needs a warrant from a judge, proving probable cause to
search your home or to
listen in to your communication, etc.
•Unless you give them permission
•Unless evidence is in plain view
•Unless they are there to arrest you (then only in the area where you are being
arrested)
•Unless there is an emergency such as a kidnapping, active shooting, or bomb
threat.
5th Amendment - CORRECT ANSWER - •"Plead the fifth" in court.
•Miranda rights
•Double jeopardy
•Can't be tried again if not guilty
1. Can be tried for the same crime at state and federal
,2. Can be tried in criminal court and in civil court
•Also details how and when the government can take your property (ex: eminent
domain)
6th Amendment - CORRECT ANSWER - •The right to legal counsel Gideon
v. Wainwright (1963)
•The right to a speedy trial Must begin within 70 days
•The right to an impartial jury trial
Cannot eliminate jurors based upon race or gender
8th Amendment - CORRECT ANSWER - Prohibits "cruel and unusual
punishment"
Privacy Rights - CORRECT ANSWER - The word privacy does not
specifically appear in the Constitution
Mostly protected by specific laws (HIPAA)
But these protections also come from several of the BOR amendments
Where is privacy most often stated - CORRECT ANSWER - The right to
privacy is most often cited in the Due Process Clause of the 14th Amendment,
which states:
No state shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the
United States; nor shall any state deprive any person of life, liberty, or property,
without due process
of law; nor deny to any person within its jurisdiction the equal protection of the
laws.
Roe v. Wade (1973) - CORRECT ANSWER - Roe alleged that the state laws
were unconstitutionally vague and abridged her right of personal privacy,
,protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. Struck
down laws in 46 states
limiting abortion as too broad
Instead...
First trimester: States cannot restrict
Second trimester: Based upon the health of the mother
Third trimester: can be forbidden
Many cases challenged different aspects (parental consent, waiting period,
counseling against)
but the court has generally upheld Roe.
Opinions have shifted away from Roe's trimester system and toward discussions
of viability.
2016: "undue burden" meaning that laws that make it too difficult to get an
abortion, even if they don't outlaw
it are still unconstitutional.
2021: Texas bans abortions after six weeks
Civil Rights - CORRECT ANSWER - •Rights that guarantee freedom from
discrimination
•Includes both the government and private companies and individuals
Missouri Compromise (1820) - CORRECT ANSWER - •Limited the
expansion of slavery
•Kept the balance between the number of slave/non-slave states
Compromise of 1850 - CORRECT ANSWER - •California was admitted as a
free state
•Fugitive Slave Act was passed
, Dred Scott Decision - CORRECT ANSWER - •Signaled the end of potential
compromise
13th Amendment - CORRECT ANSWER - outlawed slavery
14th Amendment - CORRECT ANSWER - granted citizenship to former
slaves and said that the states had to protect rights/freedoms
15th Amendment - CORRECT ANSWER - expanded voting to black men
Jim Crow Laws (1877-1965) - CORRECT ANSWER - •Segregation of the
races in neighborhoods, hotels, hospitals, schools, restrooms, etc.
•Made interracial marriage a crime
•Voter literacy laws and white primaries
Plessy v. Ferguson (1896) - CORRECT ANSWER - Separate but equal is
Constitutional
Tulsa Massacre of 1921 - CORRECT ANSWER - •Greenwood: A Tulsa
neighborhood known as Black Wall Street
•Dick Rowland (19) tripped going into an elevator operated by Sara Page (17)
and touched her arm.
•A white mob came for Rowland at the jail where he was being protected by a
group of black WWI vets. The vets retreated to Greenwood.
•Reports of a race riot led neighboring towns to help torch Greenwood
•>2,000 homes and businesses destroyed
•>6,000 black citizens arrested
•Death toll is unclear, estimated as high as 300
•Charges against Dick Rowland were dropped
•News reports were largely squelched
