Chapter 4 gov.

Which of the following is the best example of a substantive civil liberty?

"Congress shall make no law respecting the establishment of religion."

The substantive constraints found in the Bill of Rights

put limits on what government shall and shall not have the power to do.

The procedural restraints found in the Bill of Rights

define how the government is supposed to act.

The Bill of Rights was written because

the Antifederalists demanded it as the price of ratification of the Constitution.

The Bill of Rights was ratified by the states in

1791.

The Bill of Rights

is the first ten amendments to the Constitution.

According to the text, what is the constitutional problem relating to the nationalization of the Bill of Rights?

Does the Bill of Rights put limits only on the national government, or does it limit state governments as well?

Which of the following is the best description of the Supreme Court’s first ruling on the issue of the nationalization of the Bill of Rights in 1833?

The Bill of Rights limits the national government but not state governments.

The constitutional basis for the nationalization of the Bill of Rights is

the Fourteenth Amendment.

In what year was freedom of speech extended to protect against the acts of state governments?

1925

The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against state and federal actions is called

selective incorporation.

The wall of separation between church and state is best found in what clause of the Constitution?

the establishment clause

Which provision of the Bill of Rights has not been nationalized?

the right to a grand jury

The Lemon test involves what part of the Constitution?

establishment clause

The Supreme Court’s decision in West Virginia State Board of Education v. Barnette was significant because

it endorsed the free exercise of religion even when it is offensive to the beliefs of the majority.

The Supreme Court case concerning smoking peyote during Native Americans’ religious rituals demonstrates that the Court’s key problem in ruling on religious freedom is to determine

the difference between religious beliefs and conduct that is based on religious beliefs.

The Religious Freedom Restoration Act, passed by Congress in 1993, was an attempt to

give more protection to religious freedoms than the Supreme Court was allowing.

What were the Alien and Sedition Acts?

laws passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States

The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate or restrict speech is called

strict scrutiny.

The first time the Supreme Court interpreted the full scope of the First Amendment was

in the years right after World War I.

Which of the following types of speech receives the greatest level of First Amendment protection?

political speech that stops short of inciting violence

The first and most famous test for determining when the government could intervene to suppress political speech was called the

clear and present danger test.

The rights to assembly and petition are guaranteed by the same amendment guaranteeing

free speech.

When the government blocks the publication of material it does not want released, this is known as

prior restraint.

The Supreme Court case Near v. Minnesota established the principle that

only under the most extraordinary circumstances should the government prevent the publication of newspapers and magazines.

Why was the Supreme Court case New York Times v. Sullivan significant?

The Court ruled that a newspaper had to print false and malicious material deliberately in order to be guilty of libel.

Why did the Supreme Court rule the Communications Decency Act unconstitutional?

Because it attempted to protect children by suppressing speech that adults have a constitutional right to receive.

Which of the following is the most recent constitutional issue concerning fighting words?

university harassment and hate speech codes

Which of the following best reflects the Supreme Court’s position on commercial speech, such as advertisements?

Advertisements receive limited First Amendment protection.

The Fourth, Fifth, Sixth, and Eighth amendments are largely about

protections for those accused of committing a crime.

The due process clause of the Fifth Amendment is best described as

a procedural civil liberty.

What is the standard for determining guilt in criminal cases?

Guilt must be proven "beyond a reasonable doubt."

The ______ rule forbids the introduction in trial of any piece of evidence obtained illegally.

exclusionary

The Fourth Amendment protects against

unreasonable searches and seizures.

The controversy over suspicionless drug tests at school and in the workplace pits the government’s war on drugs against the right

to privacy from unwarranted searches.

A recent controversy that has tested the constitutional definition of "search and seizure" has been

mandatory drug testing.

What is a grand jury?

a jury that determines whether there is enough evidence to justify a trial

The requirement that persons under arrest be informed of their right to remain silent is known as the ______ rule.

Miranda

The term eminent domain describes

the power of the government to take private property for public use.

The right to legal counsel in a criminal proceeding is guaranteed by the

Sixth Amendment.

The case of Gideon v. Wainwright established the right

to counsel in felony cases.

The Eighth Amendment prohibits

cruel and unusual punishment.

The Supreme Court formally articulated the right to privacy in a case involving

access to birth control.

Griswold v. Connecticut (1965) and Roe v. Wade (1973) have been extremely important in the development of

a constitutional right to privacy.

A woman’s constitutional right to an abortion was established in

Roe v. Wade (1973).

In Lawrence v. Texas (2003), the Supreme Court ruled that

laws criminalizing gay sexual behavior are a violation of the right to privacy.