Openstax Government Chapter 5.1-5.3

Define the concept of civil rights.

• Civil rights are guarantees by the government that it will treat people equally, particularly people belonging to groups that have historically been denied the same rights and opportunities as others.

• Civil rights are the freedoms to own private property and conduct business without government interference.

• Civil rights refer to the right to vote in any election regardless of age.

• Civil rights are the privileges given only to government officials.

Describe the standards that courts use when deciding whether a discriminatory law or regulation is unconstitutional.

• Courts use the due process clause of the Fifth Amendment and the equal protection clause of the Fourteenth Amendment to determine if a law or regulation is unconstitutional by assessing whether it treats people unequally without sufficient justification.

• Courts use only the commerce clause to determine if a law or regulation is unconstitutional, focusing on economic impact.

• Courts rely solely on the First Amendment to assess whether a law or regulation is unconstitutional, regardless of discrimination.

• Courts use the supremacy clause to determine if a law or regulation is unconstitutional by comparing it to state laws.

Identify three core questions for recognizing a civil rights problem.

• 1. Is there unequal treatment? 2. Is the unequal treatment based on group characteristics? 3. Is the unequal treatment justified by a legitimate governmental interest?

• 1. Is there a violation of property rights? 2. Is the issue related to economic policy? 3. Is the government involved in private contracts?

• 1. Is there a dispute over state boundaries? 2. Is the problem related to international law? 3. Is the issue about environmental regulations?

• 1. Is there a question of tax policy? 2. Is the problem about criminal sentencing? 3. Is the issue related to public health initiatives?

Which of the following is an example of a civil right?

• Freedom of speech

• Equal treatment under the law

• Right to bear arms

• Freedom of religion

Explain the difference between civil rights and civil liberties.

• Civil rights are guarantees of equal treatment by the government, while civil liberties are limitations on government power designed to protect fundamental freedoms.

• Civil rights are limitations on government power, while civil liberties guarantee equal treatment by the government.

• Civil rights and civil liberties both refer to the same concept and can be used interchangeably.

• Civil liberties are only concerned with voting rights, while civil rights cover all freedoms.

According to the Supreme Court's interpretation of the Equal Protection Clause, how should all persons who are similarly circumstanced be treated?

• All persons similarly circumstanced should be treated alike.

• All persons similarly circumstanced should be treated differently based on their status.

• All persons similarly circumstanced should be treated according to their wealth.

• All persons similarly circumstanced should be treated based on their location.

An example of legal discrimination mentioned in the passage is:

• Segregation in public schools

• Equal pay for equal work

• Freedom of speech

• Universal suffrage

Courts allow some forms of discrimination, such as not allowing blind people to drive, because:

• it is necessary to protect public safety

• it is based on personal preference

• it is meant to punish certain groups

• it is required by tradition

The main factor courts consider when deciding if discrimination is lawful is:

• whether there is a legitimate and lawful justification for the discrimination

• the popularity of the person being discriminated against

• the financial status of the parties involved

• the number of people affected by the discrimination

According to the passage, what does the standard of intermediate scrutiny require the government to demonstrate when treating men and women differently?

• That the treatment is based on tradition

• That the treatment is substantially related to an important governmental objective

• That the treatment is identical for both genders

• That the treatment is based on public opinion