The words under God were added to the Pledge of Allegiance |
in the midst of the Cold War, as a response to the "godless communism" of the Soviet Union. |
Conflicts over whether public schools should be allowed to assign readings from the Bible and lead nondenominational prayers are examples of disagreements over the |
meaning of the establishment clause. |
In what year was freedom of speech extended to protect against the acts of state governments? |
1925 |
The first provision of the Bill of Rights to be "incorporated" into the Fourteenth Amendment as a limitation on state power was the |
Fifth Amendment's prohibition on states from taking private property for a public use without just compensation. |
The Eighth Amendment prohibits |
cruel and unusual punishment. |
Near v. Minnesota (1931) is significant because it |
ruled that the First Amendment prohibits government agencies from seeking to prevent newspapers or magazines from publishing whatever they wish. |
In Lawrence v. Texas (2003), the Supreme Court ruled that |
laws criminalizing sexual behavior are a violation of the right to privacy. |
An Arkansas prison policy prohibiting beards was struck down as a violation of a Muslim man's ability to freely exercise his religion in the case of |
Holt v. Hobbs. |
Which of the following statements best summarizes the federal courts' rulings on Internet content? |
The courts have declared that service providers are immune from suits regarding the content of material posted by others. |
What was Justice Potter Stewart talking about when he declared "I know it when I see it." |
pornography |
The ________ clause of the First Amendment protects an individual's right to believe and practice whatever religion he or she chooses. |
free exercise |
DeJonge v. Oregon (1937) and Everson v. Board of Education (1947) were significant Supreme Court cases because they |
incorporated provisions of the Bill of Rights through the due process clause of the Fourteenth Amendment. |
The Supreme Court case of New York Times v. United States (1971), was related to which First Amendment concept? |
prior restraint |
In E.E.O.C. v. Abercrombie and Fitch Stores (2015), the Supreme Court ruled that |
Title VII of the U.S. Code prevents retail stores from refusing to hire Muslim women who wear head scarves in violation of company dress policies. |
The constitutional basis for the nationalization of the Bill of Rights is the ________ Amendment. |
Fourteenth |
Habeas corpus refers to |
a court order demanding that an individual in custody be brought into court and shown the cause for detention. |
The right to remain silent is guaranteed by the ________ Amendment. |
Fifth |
The Terri Schiavo case was an example of |
the controversy surrounding the so-called right to die. |
Which of the following statements about grand juries is most accurate? |
The Fifth Amendment provision for a grand jury has never been incorporated into the Fourteenth Amendment to apply to state criminal prosecutions. |
The text of the Fourteenth Amendment says |
"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." |
Miranda v. Arizona (1966) was important because it produced rules that must be used |
by the police before questioning an arrested criminal suspect. |
The Supreme Court's decision in R.A.V. v. City of St. Paul (1992) suggests that |
virtually all hate speech is constitutionally protected. |
The Fourteenth Amendment |
forced state governments to abide by almost every provision in the Bill of Rights, but the process took more than 100 years. |
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 Supreme Court ruled that the First Amendment did not require schools to permit students to advocate illegal drug use in the case of |
Morse v. Frederick. |
In Riley v. California (2014), the Supreme Court |
ruled that police are constitutionally prohibited from seizing and searching the digital contents of a cell phone during an arrest. |
________ argued that there was a "wall of separation" between church and state. |
Thomas Jefferson |
The Supreme Court ruled that the Communications Decency Act was unconstitutional because the act |
attempted to protect children by suppressing speech that adults have a constitutional right to receive. |
The Bill of Rights |
includes the first ten amendments to the U.S. Constitution. |
Alexander Hamilton opposed a bill of rights mainly because he believed that |
it was unnecessary for a national government to possess only explicitly delegated powers. |
Which of the following best describes the Supreme Court's first ruling on the nationalization of the Bill of Rights in 1833? |
The Bill of Rights limits the national government but not state governments. |
The exclusionary rule was applied to all levels of government by the Supreme Court in which case? |
Mapp v. Ohio (1961) |
Which of the following forms of speech receives the greatest level of First Amendment protection? |
political speech that stops short of inciting violence |
The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate speech is called ________. |
strict scrutiny |
A grand jury |
determines whether there is enough evidence to justify a trial. |
The Second Amendment to the U.S. Constitution deals with ________. |
the right to bear arms |
McDonald v. Chicago (2010) was significant because it |
applied the Second Amendment to state governments. |
The takings clause states that the government may not seize private property |
without just compensation. |
The Supreme Court articulated a right to privacy in a case involving |
access to birth control. |
The Bill of Rights was adopted because the |
Antifederalists demanded it as the price of ratification of the Constitution. |
________ is considered "the oldest institution known to the Constitution." |
The right to a grand jury |
The fact that federal judges have relied on a discretionary use of the exclusionary rule in recent years means that |
it is difficult to know whether a defendant will be protected from an illegal search under the Fourth Amendment. |
A recent controversy that has tested the constitutional definition of "search and seizure" is |
mandatory drug testing. |
Freedom of speech and of the press have a special place in the American system because |
NOT NOT NOT NOT NOT they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment. |
New York Times v. Sullivan (1964) was significant because the justices ruled that |
a newspaper had to print false and malicious material deliberately in order to be guilty of libel. |
Which of the following statements about selective incorporation is most accurate? |
Until 1961, only the First Amendment and one clause of the Fifth Amendment had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government. |
According to the Supreme Court, which of the following is true about high school students in public schools? |
NOT NOT NOT NOT NOT High school students have the same free speech rights as adults. |
Among other things, the Bipartisan Campaign Reform Act |
NNOT NNOT NOT provided public financing to all candidates running for federal office. |
Near v. Minnesota (1931) established the principle that |
the government could block publication of newspapers during a time of crisis such as the Cold War. |
The first provision of the Bill of Rights to be "incorporated" into the Fourteenth Amendment as a limitation on state power was the |
Fifth Amendment's prohibition on states from taking private property for a public use without just compensation. |
In Buckley v. Valeo (1976), the Supreme Court ruled that |
spending by or on behalf of a candidate for office is protected speech. |
Van Orden v. Perry (2005) and McCreary v. ACLU (2005) show that |
the issue of government-sponsored religion has not yet been definitively settled. |
What is the standard for determining guilt in criminal cases? |
Guilt must be proven "beyond a reasonable doubt." |
Griswold v. Connecticut (1965) and Roe v. Wade (1973) have been extremely important in the development of |
a constitutional right to privacy. |
________ was largely responsible for getting a series of constitutional amendment proposals passed in the U.S. House of Representatives that ultimately became known as the Bill of Rights. |
James Madison |
During the Founding era, ________ were the strongest supporters of adding a bill of rights to the Constitution. |
Antifederalists |
In Maryland v. King (2012), the Supreme Court |
upheld a policy of DNA testing of arrestees without providing evidence of individualized suspicion. |
The Bill of Rights was ratified by the states in ________. |
1791 |
Warrants issued when the police know that incriminating material is not yet present but have reason to believe that it will eventually arrive at a particular premises are called ________ warrants. |
anticipatory |
________ prevents people from being tried twice for the same crime. |
Double jeopardy |
The ________ rule forbids the introduction in trial of any piece of evidence that has been obtained illegally. |
exclusionary |
When New York Times reporter Judith Miller was jailed in 2005, it illustrated that |
the press has no constitutional right to withhold information in court. |
What did the Supreme Court decide in Kelo v. City of New London (2005)? |
A city can seize land from private owners and transfer it to another private owner as part of a redevelopment program. |
Which statement about "fighting words" is most accurate? |
Since the 1950s, the Supreme Court has reversed almost every conviction based on arguments that the speaker used "fighting words." |
Since the 1950s, the Supreme Court has reversed almost every conviction based on arguments that the speaker used "fighting words." |
Since 1995 the House of Representatives has seven times passed a resolution for a constitutional amendment to ban flag burning, but each time, the Senate has failed to go along. |
Which of the following statements about the death penalty is most accurate? |
America is the only Western nation that still executes criminals. |
The so-called wall of separation between church and state is best found in which clause of the Constitution? |
establishment |
The ________ Amendment is the only amendment in the Bill of Rights that explicitly addresses itself to the national government. |
First |
Members of Congress have frequently proposed a constitutional amendment to make flag burning a crime because |
the only way to overturn the Supreme Court's ruling that flag burning is protected speech is through a constitutional amendment. |
The Fourth Amendment protects citizens against ________. |
unreasonable searches and seizures |
What was the result of the 2004 case that argued that the phrase under God in the Pledge of Allegiance violated the First Amendment? |
The Supreme Court did not rule on the issue; it dismissed the case on a technicality. |
Gideon v. Wainwright (1963) established the right |
to legal counsel in felony cases. |
If the government stopped the New York Times from releasing the transcripts of cell phone conversations between world leaders, it would be called |
If the government stopped the New York Times from releasing the transcripts of cell phone conversations between world leaders, it would be called |
In the 1969 case of Brandenburg v. Ohio, the Supreme Court ruled that |
as long as speech falls short of actually inciting action, it cannot be prohibited, even if it is hostile to or subversive of the government and its policies. |
A woman's constitutional right to privacy was established in ________. |
Roe v. Wade (1973) |
Why is Palko v. Connecticut (1937) a significant case? |
The Supreme Court explained the process for determining which parts of the Bill of Rights would protect individuals against states as well as the national government. |
The 1940 case of Cantwell v. Connecticut was significant because it established that |
Americans are free to adhere to any religious beliefs, but the time, place, and manner of their exercise are subject to regulation in the public interest. |
The Alien and Sedition Acts were 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 requirement that a person under arrest be informed of his or her right to remain silent is known as the ________ rule. |
Miranda |
The Lemon test involves what part of the Constitution? |
the establishment clause |
Which of the following best reflects the Supreme Court's position on commercial speech? |
Advertisements do not have full First Amendment protection. |
The right to legal counsel in a criminal proceeding is guaranteed by the ________ Amendment. |
Sixth |
The due process clause of the Fifth Amendment is best described as a ________. |
procedural civil liberty |
Which of the following statements about flag burning is most accurate? |
Since 1995 the House of Representatives has seven times passed a resolution for a constitutional amendment to ban flag burning, but each time, the Senate has failed to go along. |
In West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that |
children cannot be required to salute the flag if it violates their religious faith. |
The Supreme Court has not given full protection to fighting words because |
such words are not part of the essential exposition of ideas. |
In McConnell v. Federal Election Commission (2003), the Supreme Court ruled that Congress could |
NOT NOT NOT not place limits on either campaign spending or "issue advertising." |
Near v. Minnesota (1931) established the principle that |
NOT NOT NOT the government could block publication of newspapers during a time of crisis such as the Cold War. |
________ are areas of personal freedom with which governments are constrained from interfering. |
Civil liberties |
The Fourth, Fifth, Sixth, and Eighth amendments are largely about |
protections for those accused of committing crimes. |
The rights to assembly and petition are guaranteed by the same amendment that guarantees ________. |
free speech |
In Snyder v. Phelps (2011), the Supreme Court ruled that |
the First Amendment protects free speech in a public place against emotional distress lawsuits. |
The term eminent domain describes the |
power of the government to seize private property for public use. |
Citizens United v. Federal Election Commission (2010) was significant because the Supreme Court concluded that the Constitution |
prohibits the government from regulating political speech that is funded by corporations. |
West Virginia State Board of Education v. Barnette (1943) was significant because it |
endorsed the free exercise of religion even when it was offensive to the beliefs of the majority. |