Federal Govt Chapter 4

What is grand jury

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

Which of the following rights is not found in the original, unamended Constitution

prohibition against cruel and unusual punishments

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

free speech

The Supreme Court’s decision in Citizens United v. Federal Election Commission was significant because it concluded that

the Constitution prohibits the government from regulating political speech funded by corp.

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

the news media could not publish obscene material. only under the most extraordinary circumstances should the government prevent the publication of newspapers and magazines. the government could block publication of newspapers during a time of crisis such as the Cold War.

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

Roe v. Wade (1973).

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

access to birth control

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

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

a procedural civil liberty.

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

racial profiling terrorist threats vulgar and offensive satire and parodies university harassment and hate speech codes

If a person were imprisoned in the United States without an open trial before a judge, this action would

violate the right of habeas corpus.

The Supreme court’s 2010 ruling in McDonald v. Chicago was significant because

it applied the Second Amendment to state governments for the first time.

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

Sixth Amendment

What was the Supreme Court case that declared the exclusionary rule

Mapp v. Ohio

About what did Justice Potter Stewart confess, "I know it when I see it"

pornography

The case of Gideon v. Wainwright established the right

to counsel felony cases

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

mandatory drug testing

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

the establishment clause

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 Bill of Rights was ratified by the states in

1791

Since 1973, the right to an abortion has been

upheld but narrowed in scope.

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?

The Supreme Court’s decision in R.A.V. v. City of St. Paul suggests that

virtually all hate speech is constitutionally protected. political speech receives more protection under the Constitution than commercial speech. commercial speech receives more protection under the Constitution than political speech. virtually all hate speech is not protected by the Constitution.

The substantive constraints found in the Bill of Rights

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

The Terri Schiavo case was an example of

the controversy surrounding the so-called right to die.

Which of the following is not a liberty protected by the Bill of Rights

equal protection of the laws

In West Virginia State Board of Education v. Barnette, the Supreme Court announced that

children cannot be required to salute the flag if it violates their religious faith.

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.

The Bill of Rights

is the First Ten Amendments in the Constitution

The Court does not give full protection to fighting words because

such words are not part of the essential exposition of ideas.

"Due process of law" in the United States is generally defined by the

Fourth, Fifth, Sixth, and Eighth amendments.

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

exclusionary

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

Plessy v. Ferguson. the Tenth Amendment. the Fourteenth Amendment.

What did the Supreme Court decide in Kelo v. City of New London (2005)

A city can seize land from private owner and transfer it to another private owner as part of a redevelopment plan.

Miranda v. Arizona important because it produced rules that must be used

by the police before questioning an arrested criminal suspect

The Supreme Court cases Near v. Minnesota and Wolf v. Colorado were significant because they

incorporated provisions of the Bill of Rights through the due process clause of the Fourteenth Amendment

Which rights do not fall under constitutional arguments in favor of the right to privacy

right to use pornography

Which of the following statements best describes the impact of the Fourteenth Amendment

The addition of the Fourteenth Amendment eventually forced state governments to abide by almost every provision in the Bill of Rights, but the process took over one hundred years.

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

Selective Incorporation

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

Which provision of the Bill of Rights has not been nationalized

The right to grand jury

The procedural restraints found in the Bill of Rights

define how the government is supposed to act

The takings clause states that the government may not take private property

without just compensation

Freedom of speech and of the press have a special place in American democracy because

free and open debate is an essential mechanism for determining the quality and validity of competing ideas.

The first modern free speech case in which the supreme court interpreted the full scope of the first amendment was:

in the years right after World War I

In Lemon v. Kurtzman, the Supreme Court ruled that government action toward religion is

permissible only if it is secular in purpose, neither promotes nor inhibits religion, and does not lead to excessive entanglement with religion

The term eminent domain describes

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

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 supreme court’s decisions in van orden v. perry and mccreary v. ACLU illustrate that

the government will never be allowed to display any kind of religious symbols anywhere on government property. the free exercise clause has still not been incorporated through the Fourteenth Amendment. the issue of government-sponsored displays of religious symbols has not yet been definitively settled. the Lemon test does not apply to cases involving school prayer.

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

protections for those accused of committing a crime.

The right against _______ prevents persons from being tried twice for the same crime.

double jeopardy

The Eighth Amendment prohibits

cruel and unusual punishment

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

to privacy from unwarranted searches

Which of the following statements concerning the death penalty is false

Thirty-six states have legalized the death penalty. The death penalty was never used in the United States prior to the 1950s. Congress has imposed capital punishment for more than fifty federal crimes.

The Fourth Amendment protects against

unreasonable searches and seizures

The Lemon test involves what part of the Constitution

establishment clause

Why is Palko v. Connecticut an important 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 current prohibition on states to criminalize abortion is based on

the right to privavy

The Second Amendment to the U.S. Constitution deals with

the right to bear arms

the bill of rights was written because .

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

which of the following statements about america’s prison population is false

There are almost no drug offenders in prison

What was the result of the 2004 case that argued the phrase "under God" in the Pledge of Allegiance violated the First Amendment

The Supreme Court did not rule on the issue, dismissing the case on a technical matter.

The __________ of the First Amendment protects an individual’s right to believe and practice whatever religion she or he chooses.

free exercise clause

the supreme court’s decision in west virginia state board of education v. barnette was significant because

endorsed the free exercise of religion even when it is offensive to the belief’s of the majority

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. The Court ruled that pornography is always illegal. The Court ruled that the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances. The Court ruled that "shield laws" were unconstitutional.

what is the standard for determining guilt in criminal cases

guilty must be proven "beyond reasonable doubt"

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

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

1925

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

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

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.

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

Advertisements receive limited First Amendment protection.

Conflicts over whether public schools should be allowed to assign reading from the Bible and lead nondenominational prayers are examples of

disagreements about the meaning of the establishment clause.

Which figure is most closely associated with the idea that the First Amendment protects the "marketplace of ideas"

Oliver Wendell Holmes

which of the following would not be an example of speech plus

assassinating a political leader

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.

the fact that federal courts have relied on discretionary use of the exclusionary rule in recent years means that

it is difficult to know whetther a defendent will or will not be

Which of the following statements best summarizes the Supreme Court’s decisions regarding the establishment clause

The Court has been strict in striking down school prayer but permissive in allowing the public display of religious symbols.

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

political speech that stops short of inciting violence

Why did the Supreme Court rule that the Religious Freedom Restoration Act was unconstitutional

The Court argued that Congress had violated the separation of powers principle.

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

a constitutional right to privacy.

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

miranda

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

prior restraint

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

speech plus. sedition. clear and present danger. prior restraint.

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

The Court ruled that pornography is always illegal. The Court ruled that the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances. The Court ruled that newspapers could be guilty of libel if they published any information that was ultimately proven to be inaccurate. The Court ruled that a newspaper had to print false and malicious material deliberately in order to be guilty of libel.

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

the takings clause. selective incorporation. dual federalism. cooperative federalism.

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

terrorist threats antibullying rules in elementary schools racial profiling university harassment and hate speech codes

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

there was no constitutional right to physician-assisted suicide. states may compel a 48-hour waiting period before permitting a woman to have an abortion. mandatory locker searches in public schools did not violate the Fourth Amendment. laws criminalizing gay sexual behavior are a violation of the right to privacy.

What was the main reason that Alexander Hamilton did not want a bill of rights?

He believed it was unnecessary for a government that possessed only specifically delegated powers. He believed a bill of rights would make the Constitution too long and cumbersome. He wanted the government to have as much power as possible. He believed a bill of rights would lead to too many frivolous lawsuits.

In the 1976 decision Buckley v. Valeo, the Supreme Court articulated the principle that

spending by or on behalf of a candidate for office is protected speech. libel is protected by the First Amendment, as long as the person libeled is a public figure. burning draft cards is a protected symbolic act, but only if it is done in public. the Espionage Act of 1917 was unconstitutional.