American Government

The Constitution lists the powers of and limits on the federal government, but the Bill of
Rights lists the guaranteed freedoms of the people. List four rights, each from a different
amendment, and explain each. Are the rights you have chosen absolutely? What is the
Lemon test? Explain. [MO2.1, MO2.3]
The First Amendment to the Constitution of the United States guarantees various
protections and rights to U.S. citizens. Congress is barred from making laws that will restrict
religion as well as the exercise of any religion. Freedom of expression is also guaranteed by the
First Amendment. Citizens are also free to gather in group settings. The Second Amendment
gives citizens the right to bear arms (Patterson, 2015). People can thus possess weapons for their
own protection. Weapons are seen to be important in the preservation of life. The Fourth
Amendment protects citizens against unlawful search and seizure. Law enforcement officers
must obtain a warrant based on probable cause before conducting a search on people’s property.
The Fifth Amendment provides various protections to people accused of committing crimes.
Serious criminal cases must be heard by a grand jury. In addition, double jeopardy, where a
person is tried twice for the same crime, is prohibited. Individuals accused of various crimes
have a right against self-incrimination. The Lemon Test emerged in 1971 in the case of Lemon v.
Kurtzman. The test was established in response to the question of whether a law passed to
promote a certain religious practice is valid or unconstitutional. The Lemon Test has three
criteria that such a law must satisfy for it to be Constitutional. First, the law must not amount to
excessive entanglement between the government and religion. It should not result in an excessive
effort being employed by the government. Secondly, such a law must not inhibit or advance a
certain religion or religious activity. Thirdly, the law must be founded on a secular purpose.

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Consider the Brandenburg v. Ohio case (1969). What is the current test limiting free speech,
what is symbolic speech, and is any speech protected?
The First Amendment protects free speech and grants citizens the freedom of expression.
However, one question that arises is whether there is a limit to the freedom of expression
established by the First Amendment. Brandenburg v. Ohio was a landmark case that called on
the Supreme Court to offer a distinctive interpretation of the limits of the First Amendment
rights. The Supreme Court ruled that speech that calls for illegal conduct is protected under the
First Amendment unless it ultimately results in lawless action (Patterson, 2015). The Court thus
struck down a law passed in Ohio that prohibited advocating for violence. There are certain
limitations, including defamatory statements, fraud, obscenity, and incitement. Symbolic speech
can be defined as communication that does not involve the use of words. The speech is protected
under the First Amendment but may likely be regulated by the government.
The due process clause has wide application. Explain the procedural due process and its
relationship to the exclusionary rule, unreasonable searches and seizure, the plain view
exception, good faith exceptions, and other rights of the accused. [MO2.1, MO2.3]
The due process clause restricts the government from denying citizens life, property, or
liberty without a fair justification. On the other hand, the exclusionary rule dictates that evidence
that has been obtained illegally cannot be used in a trial. Unreasonable searches are one that is
conducted without a warrant being obtained. It is also a search that is not founded on probable
cause. It amounts to the government denying a civil liberty in an unfair manner (Patterson,
2015). The plain view exception allows evidence that was obtained in plain view to be admitted
in a criminal proceeding without the need to have a warranty. The accused person has rights, and

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the government cannot ignore these rights since this would constitute denying a citizen life,
property, and liberty without any justification.
Is there a right to privacy specifically listed in the Constitution? Explain. Discuss the
importance of the Griswold v. Connecticut case (1965). How did the Court define a right
that didn’t exist prior to the case? Which amendment was interpreted to include this right?
How did this right expand in subsequent years? [MO2.1, MO2.2, MO2.3]
The right to privacy can be defined as one’s right against having their personal matters
disclosed. It is a right to be left alone as well as prohibiting the intrusion of the government.
Private information should be kept away from the public eye. The right to privacy is not
expressly dictated by the Constitution. However, various amendments to the United States
Constitution protect the privacy of the citizens. The 1 st , 3 rd , 4 th , 5 th , and 9 th amendments offer some
protections to the privacy of the citizens. In the case of Griswold v. Connecticut, the Court ruled
that a ban on contraceptives was an infringement on marital privacy. The Court thus stated that
individuals have a personal space that cannot be invaded by the government. The Fourteenth
Amendment was violated by the state laws.
Explain the difference between civil liberties and equal rights (civil rights). What do
“classes within society” have to do with equal rights? Discuss changes over time in the
interpretation of the equal-protection clause of the Fourteenth Amendment. [MO2.1,
MO2.2, MO2.3, MO2.4]
Civil liberties are restrictions placed on the government to ensure that citizens enjoy
personal freedoms. They constitute basic freedoms that are protected by the Constitution. On the
other hand, civil rights help ensure that all citizens are treated equally by government authorities.

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They ensure that factors such as race, color, gender, nationality, and disability do not result in
unequal treatment of citizens. Civil liberties constitute basic freedoms, while civil rights are
based on how a person is treated. The equal protection clause mandates state to treat citizens
equally. However, historically, citizens have not always been treated equally. Social classes and
race have defined how a person is treated. The fight for equality has helped eliminate this, and
America is becoming a more just and fairs society with time. Women have fought for equal pay
and equal rights. People of color have also fought against oppression and unequal treatment.
With regard to equal protection of various classes of people, the Court applies the rational
basis test or the strict-scrutiny test. Explain rational basis and strict scrutiny as well as
what it means to say that race and national origin are suspect classifications. [MO2.2,
MO2.3, MO2.4]
The rational basis test is applied by courts in defining various forms of discrimination.
The burden of proof is placed on the individual alleging discrimination. They must prove that
there is no good reason for them being treated differently compared to other citizens. On the
other hand, the strict scrutiny test places the burden of proof on the government. The government
must show that there is a governmental interest that is at stake and that the goals can only be
accomplished through the said law or policy (Patterson, 2015). Any law that establishes
differences based on race and national origin is seen as unlawful unless the government can pass
the strict scrutiny test. Race and national origin are suspect classifications based on history.
Historically, race and national origin have been used to discriminate against individuals. As a
result, classification of race and national origin are suspect since they may result in
discrimination.

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Explain de jure discrimination and de facto discrimination. How did affirmative action
programs attempt to end both? Summarize Bakke v. California (1978). What impact did it
have on affirmative action programs? [MO2.2, MO2.4]
de jure discrimination is discrimination that is occasioned by the government. It is a
result of laws that favor a section of citizens over others. On the other hand, de facto
discrimination is rooted in the private choices of individuals as opposed to the operation of the
law. Individuals living in segregated communities are an example of de facto segregation. While
the law has created equality between whites and people of color, people of color continue to be
oppressed. The Jim Crow laws are an example of de jure discrimination. Blacks were prohibited
from interacting with whites (Patterson, 2015). Blacks could also not own land and could not
compete with whites. Affirmative action requires the government to improve employment,
education, and other sectors that have been characterized by discrimination in the past. It helps
ensure that disadvantaged groups are able to catch up with groups that are advantaged. It ensures
that people drawn from all races are treated in a fair way. The case of Bakke v. California was
about affirmative action. The Supreme Court ruled that the use of quotas in the admission
process was discriminatory and therefore unconstitutional.
The Voting Rights Act of 1965 and the Civil Rights Act of 1968 are milestones in the
continuing struggle to promote equality within American society. Describe both pieces of
legislation and their significance. [MO2.2, MO2.4]
The Voting Rights Act of 1965 outlawed discrimination in voting processes. It eliminated
the use of literacy tests as a requirement for voters to be allowed to vote. African American
voters were empowered to vote and had the right to contest against laws that were
discriminatory. The act was a milestone towards equality in the voting process. The Civil Rights

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Act of 1968 eliminated discrimination in the housing sector (Patterson, 2015). A building owner
was prohibited from discriminating against potential tenants and buyers on the basis of their race,
color, or disability.

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References

Patterson, T. E. (2015). We the people: An introduction to American government (11th ed.).
New York, NY: McGraw Hill.