Ch. 15

During the 2016 San Bernardino terrorist attack investigation, Apple CEO Timothy Cook refused to cooperate and override the iPhone's security features at the FBI's request because he... a. reasoned that such a hack could open up all iPhones to potential security vulnerabilities. b. believed that the FBI was overstepping its constitutional authority. c. reasoned that the FBI should be able to continue its investigation without Apple's direct help. d. believed that there was no longer an imminent threat to people so that the FBI request was unreasonable. e. did not believe that the case was important enough to get involved in.

a. reasoned that such a hack could open up all iPhones to potential security vulnerabilities.

When adopted, the Bill of Rights imposed limits on _________, but not on... a. the national government; state governments. b. state governments; the national government. c. state governments; individuals. d. individuals; state governments. e. individuals; the national government.

a. the national government; state governments.

The major criticism of the dissenting justices in Roe v. Wade was that... a. the other justices were writing their own policy preferences into law. b. the Constitution clearly bans the procedure under question. c. the Court did not hear sufficient testimony before reaching its decision. d. the case should have been dismissed as moot. e. the law as applied was too narrow to fit any other precedent.

a. the other justices were writing their own policy preferences into law.

The free-expression clauses reflect the... a. the press and speech clauses of the First Amendment. b. the Emancipation Proclamation. c. women's right to vote of the Nineteenth Amendment. d. the silence clause of the Fifth Amendment. e. the Civil Rights Act.

a. the press and speech clauses of the First Amendment.

The Second Amendment of the Constitution refers to... a. the right to bear arms. b. a ban on cruel and unusual punishment. c. the right to be free from unreasonable searches and seizures. d. a right not to be tried twice for the same offense. e. the right for citizens not to have soldiers quartered within their houses.

a. the right to bear arms.

The Supreme Court decision United States v. Leon established the good faith exception which allowed... a. the state to introduce evidence at trial if that evidence was seized on the basis of a mistakenly issued search warrant. b. the state to exempt a person from punishment for a crime if that person did not understand that his or her action was criminal. c. individuals to publish any material they wish, as long as they believe that material to be factually correct. d. people to be excused from jury duty if they can demonstrate that they have given their best effort in performing other civic duties. e. a mistake in securing evidence to be considered neutrally by a jury.

a. the state to introduce evidence at trial if that evidence was seized on the basis of a mistakenly issued search warrant.

Students demonstrating against the war in Iraq by wearing black armbands as a symbolic protest would probably be protected under which case ruling? a. Smith v. City of Chicago b. Tinker v. Des Moines Independent Co. School District c. Evanston v. Texas Independent School District # 83 d. Albert v. University of Sacramento e. Near v. Minnesota

b. Tinker v. Des Moines Independent Co. School District

According to the Supreme Court in Bowers v. Hardwick, homosexual relations between consenting adults in the privacy of their own homes... a. are protected under the Bill of Rights. b. are not protected under the Constitution. c. cannot be regulated by state governments. d. may be regulated only by Congress. e. is a prohibited extension of search and seizure laws.

b. are not protected under the Constitution.

If Congress forced conscientious objectors to fight—to violate their religious beliefs or deeply held humanistic opposition to war—the government would run afoul of the __________ of the First Amendment. a. free association clause b. free-exercise clause c. establishment clause d. due process clause e. equal protection clause

b. free-exercise clause

The case of Gideon v. Wainwright affirmed that the state must... a. allow you to be tried by a jury of your peers. b. provide you with legal counsel. c. inform you of your constitutional rights before placing you under arrest. d. allow you to confront your accuser. e. impose a fair and impartial sentence for the crime.

b. provide you with legal counsel.

People who assume roles of prominence in society are known as... a. common ground. b. public figures. c. the judiciary. d. majoritarians. e. pluralists.

b. public figures.

Persons possess __________ and governments possess... a. rights; privileges. b. rights; powers. c. values; powers. d. liberties; rights. e. rights; liberties.

b. rights; powers.

The rights and liberties guaranteed by the Constitution are found in... a. the Eighteenth and Twenty-Second Amendments. b. the Bill of Rights and the first section of the Fourteenth Amendment. c. Article III. d. Article I. e. Amendments 1 through 27.

b. the Bill of Rights and the first section of the Fourteenth Amendment.

In Planned Parenthood v. Casey, the Supreme Court... a. broadened the existing federal restrictions on availability of abortion. b. voided the "undue burden" test that had been used for rulings on the abortion issue. c. accepted the validity of Justice O'Connor's position that state abortion restrictions are allowable if they are not "unduly burdensome." d. established the "trimester" scheme, in which restrictions on abortion may be different in the first, second, and third three-month periods of a pregnancy. e. outlawed abortions funded with federal funds.

c. accepted the validity of Justice O'Connor's position that state abortion restrictions are allowable if they are not "unduly burdensome."

In 2010, The Supreme Court in McDonald v. Chicago, ruled in a 5-4 decision that an individual's right to bear arms... a. can be prohibited by state or local government. b. only is permitted if the individual is part of a state militia. c. cannot be prohibited by state or local government. d. only is permitted if the individual submits to a state background check. e. permits the individual to possess submachine guns and assault rifles.

c. cannot be prohibited by state or local government.

In the U.S., freedom of press has primarily meant protection from... a. being forced to reveal one's sources. b. having to be impartial. c. censorship. d. libel lawsuits. e. government ownership of newspapers.

c. censorship.

An ex post facto law... a. impairs contracts between states. b. prevents double jeopardy. c. declares an action illegal after it has been committed. d. declares a person guilty without the benefit of trial. e. is only applicable at the local level.

c. declares an action illegal after it has been committed.

The Civil Rights Act of 1964 established the right to nondiscrimination in public accommodations and... a. access to home loans. b. voting. c. employment opportunity. d. education. e. free speech.

c. employment opportunity.

The exclusionary rule holds that... a. "fighting words" can be excluded from constitutional protection. b. a court can order or constrain an action by an individual. c. evidence obtained from an illegal search and seizure cannot be used in a trial. d. people who are biased against a defendant may be excluded from serving on a jury. e. evidence wrongly excluded at trial may not be used in appellate court later.

c. evidence obtained from an illegal search and seizure cannot be used in a trial.

After the September 11, 2001 terrorist attacks, Congress passed the USA-PATRIOT Act, which... a. gave government increased power over who is allowed to run for office. b. empowered the president to ban social media sites like Twitter, Facebook, and Instagram in an attempt to maintain public order. c. expanded the government's ability to tap phones and monitor internet traffic. d. extended the requirement that one be a "native-born American" to run for president, to all federal elective offices. e. created a universal gun owner registration list.

c. expanded the government's ability to tap phones and monitor internet traffic.

A reporter obtained information from a confidential source pertaining to an ongoing criminal grand jury investigation. The free press standard that the reporter must adhere to in this situation requires that the reporter... a. go to jail for contempt rather than reveal the information. b. divulge the information from the source but not give the name of the source. c. give whatever testimony the reporter is capable of giving. d. divulge information only if the name of the confidential source is revealed first. e. decline to appear before the grand jury

c. give whatever testimony the reporter is capable of giving.

An American citizen's ability to drive a car only with the possession of a valid license may be best described as a... a. civil liberty. b. civil right. c. privilege. d. power. e. negative right.

c. privilege.

In 1992, a clear conservative majority on the Supreme Court __________ Roe. a. overruled b. ignored c. reaffirmed d. replaced e. denounced

c. reaffirmed

In Near v. Minnesota, the Supreme Court... a. ruled that prior restraint is a political issue and therefore not justifiable. b. ruled that prior restraint is not a violation of freedom of the press. c. ruled that prior restraint almost always places an unacceptable burden on a free press. d. ruled that prior restraint of the press is permitted by the clear and present danger test. e. applied a three-pronged test to identify whether prior restraint is permissible.

c. ruled that prior restraint almost always places an unacceptable burden on a free press.

In Griswold v. Connecticut , the Court struck down a state law... a. requiring women to seek the permission of their husbands before obtaining an abortion. b. that banned pornographic literature. c. that made the use of birth control devices a crime. d. forbidding the purchase of alcohol on Sunday afternoons. e. regulating gambling that took place within private residences

c. that made the use of birth control devices a crime.

The Supreme Court case Lawrence and Garner v. Texas overturned the previous decision of... a. Roe v. Wade. b. Griswold v. Connecticut. c. Mapp v. Ohio. d. Bowers v. Hardwick. e. Palko v. Connecticut.

d. Bowers v. Hardwick.

The __________ has been construed to provide protection for the individual from the actions of a repressive state government. a. First Amendment b. Fifth Amendment c. Ninth Amendment d. Fourteenth Amendment e. Fourth Amendment

d. Fourteenth Amendment

________ was the first case to establish that the Bill of Rights would be applied more broadly than the Supreme Court initially held. a. Plessy v. Ferguson b. Schenck v. United States c. Near v. Minnesota d. Gitlow v. New York e. Palko v. Connecticut

d. Gitlow v. New York

What was the decision in the case of Roe v. Wade? a. It upheld the right of couples to use birth control devices. b. It upheld the right of gay Americans to consenting sexual relationships. c. It denied the right of gay Americans to consenting sexual relationships. d. It upheld the right of women to have abortions. e. It ruled that state laws criminalizing adultery were unconstitutional.

d. It upheld the right of women to have abortions.

The phrase "wall of separation between church and state" originated with... a. the First Amendment. b. the Bill of Rights. c. the Declaration of Independence. d. Thomas Jefferson. e. the Constitutional Convention.

d. Thomas Jefferson.

Charles Schenck, the defendant in Schenck v. United States, was charged with... a. speaking against the president in public places. b. pipe-bombing a federal building. c. burning the flag. d. disrupting military recruitment by distributing leaflets claiming that the draft was unconstitutional. e. distributing pornographic material.

d. disrupting military recruitment by distributing leaflets claiming that the draft was unconstitutional.

In Mapp v. Ohio, a case that involved the conviction of a woman for possession of obscene material found during an illegal search for a fugitive, the Supreme Court... a. ruled that illegally obtained evidence could be used in state courts but not in federal courts. b. refused to incorporate the illegal search and seizure protection under the Fourteenth Amendment. c. ruled that state police were not bound by due process guarantees. d. extended the federal exclusionary rule to state courts. e. threw out the conviction.

d. extended the federal exclusionary rule to state courts.

Words that "inflict injury or tend to incite an immediate breach of peace" are... a. still protected by the First Amendment. b. treason and not subject to First Amendment protection. c. words that hurt, but still protected by the First Amendment. d. fighting words, which do not convey ideas and are not subject to First Amendment protection. e. symbolic speech and protected by the First Amendment.

d. fighting words, which do not convey ideas and are not subject to First Amendment protection.

The Constitution's _____________ clause prevents the government from interfering with religious practice. a. establishment b. essential freedoms c. nondiscrimination d. free-exercise e. miranda

d. free-exercise

Although prosecutors dropped charges against Michael Hardwick, his case came before the Supreme Court because... a. a judge insisted that he be tried. b. protests throughout the South forced a trial. c. a newly elected prosecutor bowed to the Religious Right and reinstated the charges. d. he brought a suit challenging the constitutionality of a law. e. interest groups filed a suit on his behalf.

d. he brought a suit challenging the constitutionality of a law.

In Riley v. California, a unanimous Supreme Court held that... a. if police fail to "knock and announce" evidence may still be admissible in court. b. evidence obtained through police negligence may still be admissible in court. c. law enforcement can search people's phones just like they might search people's pockets. d. law enforcement could not search data in someone's smart phone without first obtaining a warrant. e. if police confiscate materials on the basis of a mistakenly issued warrant, that those materials are inadmissible in court.

d. law enforcement could not search data in someone's smart phone without first obtaining a warrant.

In its 2011 decision Snyder v. Phelps, the Supreme Court affirmed the right of the Westboro Baptist Church to... a. call for the violent overthrow of the Supreme Court. b. picket Planned Parenthood clinics with images of guns. c. distribute leaflets outside IRS offices telling taxpayers they were going to hell. d. picket funerals to communicate their belief that God punishes the military for tolerating homosexuality. e. legally remove a statue of the Ten Commandments from a public park if their own tablet reading, "God Hates America" was not also accepted for display

d. picket funerals to communicate their belief that God punishes the military for tolerating homosexuality.

Which standard used by the Supreme Court when deciding whether a law or policy is constitutional says that the law or policy must be justified by a "compelling governmental interest?" a. amicus brief b. writ of certiorari c. enscription d. strict scrutiny e. Miranda warning

d. strict scrutiny

Griswold v. Connecticut, which challenged a Connecticut statute that declared the use of birth control devices a crime, established the principle that... a. birth control is a matter of religious belief and therefore cannot be limited by the state. b. the states are free to restrict matters of personal privacy. c. the Constitution guarantees the right to obtain an abortion. d. the Bill of Rights as a whole creates a zone of personal privacy or autonomy. e. government cannot successfully enact a law for morality

d. the Bill of Rights as a whole creates a zone of personal privacy or autonomy.

The statements that police are required to make to a person before that person may be subjected to in-custody questioning are known as... a. cross-examination. b. exclusionary rules. c. interrogations. d. jailhouse rights. e. Miranda warnings.

e. Miranda warnings.

Justice O'Connor outlined the "undue burden" standard for considering state abortion restrictions in... a. Roe v. Wade. b. Bowers v. Hardwick. c. Lawrence and Garner v. Texas. d. Planned Parenthood v. Casey. e. Webster v. Reproductive Health Services

e. Webster v. Reproductive Health Services

Justice Sandra Day O'Connor contributed to the legal debate over abortion by maintaining that state abortion restrictions are permissible provided they do not create... a. parental consent requirements. b. unnecessary information. c. a 24-hour waiting period before an abortion can be performed. d. compelling scrutiny. e. an undue burden.

e. an undue burden.

A U.S. Court of Appeals held in 2013 that when Daniel Ray Carter, Jr., an employee of the sheriff's office in Hampton, Virginia ______, it was constitutionally protected symbolic speech. a. "liked" a Facebook page b. placed a campaign sign in his yard c. wore an arm band protesting police brutality d. attended a pro-immigration rally e. participated in a march supporting separation of church and state

a. "liked" a Facebook page

Over time, the Supreme Court has used the __________ to apply the specifics of the Bill of Rights to the states. a. Fourteenth Amendment's due process clause b. Fifth Amendment's double jeopardy clause c. Tenth Amendment d. the Gideon Rule e. Palko v. Connecticut precedent

a. Fourteenth Amendment's due process clause

Which of the following statements is correct with respect to school prayer? a. Public schools must open their doors to after-school religious activities on the same basis as other afterschool programs. b. Prayers in public school assemblies that mention only "God" but no specific religion's deity can be upheld as constitutional. c. Nonsectarian prayers at official public school graduations are permissible under the Constitution. d. Prayers at public high school football games are permissible so long as the prayers are organized and led by students. e. A prayer written on a public school auditorium wall, but not recited by students or faculty, is permitted under the First Amendment.

a. Public schools must open their doors to after-school religious activities on the same basis as other afterschool programs.

A(n)_________ is a law that declares a person guilty without the benefit of trial. a. bill of attainder b. selective incorporation c. ex post facto law d. prior restraint action e. lemon test

a. bill of attainder

Powers and privileges guaranteed to the individual and protected against arbitrary removal at the hands of the government or other individuals are best defined as... a. civil rights. b. human rights. c. civil liberties. d. negative liberties. e. inalienable rights.

a. civil rights.

George Mason and others believed that omitting the Bill of Rights would... a. deter many states from adopting the Constitution. b. ease the adoption of the Constitution. c. make women less likely to support the Constitution. d. make the Constitution a stronger document. e. included too much delegation of power to the states.

a. deter many states from adopting the Constitution.

States are now obligated to protect most provisions of the Bill of Rights as a result of the Supreme Court's interpretation of the Fourteenth Amendment's ___________ clause. a. due process b. state's rights c. equal protection d. free exercise e. privacy

a. due process

Collectively, the Supreme Court has ruled that religion reflects the idea that ____________ is unlimited, but ____________ is not. a. freedom to believe; freedom to practice b. freedom to practice; freedom to believe c. freedom to establish; freedom to believe d. freedom to practice; freedom to establish e. freedom to believe; freedom to establish

a. freedom to believe; freedom to practice

In Palko v. Connecticut, the Supreme Court ruled that Frank Palko's Fifth Amendment protection against double jeopardy was not a(n) _________ right the state of Connecticut had to follow. a. fundamental b. privacy c. concurrent d. dual e. explicit

a. fundamental

Compared to a person in Western Europe, an American is ___________ to say religion is very important in their lives. a. much more likely b. slightly more likely c. about equally likely d. slightly less likely e. much less likely

a. much more likely

The establishment clause of the First Amendment... a. prohibits government from sponsoring or supporting religious activity. b. establishes Protestantism as the official religion of the United States. c. prevents the government from interfering with the exercise of religion. d. forbids the establishment of restrictions on free speech. e. keeps Congress from making other amendments official without a Supreme Court ruling.

a. prohibits government from sponsoring or supporting religious activity.

In the 1970s, Daniel Ellsberg stole classified documents that came to be known as the __________ and gave them to national newspapers. a. Vietnam Plans b. Nixon Scheme c. Pentagon Papers d. Watergate Files e. Snowden Report

c. Pentagon Papers

The case Cohen v. California dealt with a man who was prosecuted for wearing a jacket in a Los Angeles courthouse with the following words emblazoned on it: a. "F*** the draft. Stop the war." b. "Death to the Jews." c. "Somebody please shoot Nixon." d. "I have a bomb." e. "Contract killer for hire."

a. "F*** the draft. Stop the war."

A Seventh-Day Adventist declined a job that required him to work on a Saturday, which is the holy day for Seventh-Day Adventists. Because he declined a job, the federal government denied him federal unemployment benefits. The Supreme Court would rule that this decision by the government was... a. constitutional, because to single out the Adventist for special consideration would amount to an establishment of religion by the federal government. b. unconstitutional, because the Adventist had the right to his free exercise of religion. c. unconstitutional, because the First Amendment's right to assemble includes the right not to assemble for reasons of religious conscience. d. constitutional, because the establishment clause only applies to actions of state governments, not the federal government. e. unconstitutional, because under the Fourteenth Amendment all Americans, regardless of religion, have a right to une

b. unconstitutional, because the Adventist had the right to his free exercise of religion.

In 1791, when the Bill of Rights was ratified, it... a. was made up of fifteen amendments. b. was made up of ten amendments. c. did not include a provision protecting free speech. d. applied to the states but not to the national government. e. was intended to be temporary.

b. was made up of ten amendments.

The case in which the Supreme Court extended to the states the right to a jury trial in criminal cases was... a. Gideon v. Wainright. b. Miranda v. Arizona. c. Duncan v. Louisiana. d. Palko v. Connecticut. e. Schenck v. U.S.

c. Duncan v. Louisiana.

The Supreme Court declared prayer in public schools unconstitutional in... a. Minersville School District v. Gobitis. b. West Virginia State Board v. Barnette. c. Engel v. Vitale. d. Epperson v. Arkansas. e. Near v. Minnesota.

c. Engel v. Vitale.

The significance of the Ninth Amendment remained unexplored until the case of... a. Roe v. Wade. b. Palko v. Connecticut. c. Griswold v. Connecticut. d. Mapp v. Ohio. e. Lemon v. Kurtzman.

c. Griswold v. Connecticut.

A state establishes a school voucher program where students or parents can choose to give the voucher money to either secular or religious schools. The Supreme Court is likely to rule this state program... a. unconstitutional, because it can amount to a government establishment of religion. b. unconstitutional, because the voucher program would amount to an excessive entanglement between government and religion. c. constitutional, because it allows a religious student to pursue his or her free exercise to attend a religious school. d. constitutional, because the establishment clause of the Constitution only applies to federal programs and not to state policies. e. constitutional, because the program does not favor religious schools over nonreligious schools when it is the student or parent making the choice.

e. constitutional, because the program does not favor religious schools over nonreligious schools when it is the student or parent making the choice.

The program in question in the Lemon v. Kurtzman case in 1971 was struck down by the Supreme Court because... a. two of the justices were unable to hear the case. b. it would require military personnel to reveal their tax records. c. it went against free speech. d. the program was designed to rehabilitate criminals who were a threat to society. e. it would require the government to monitor the program and be entangled with religion.

e. it would require the government to monitor the program and be entangled with religion.

Government can impose reasonable restrictions on free speech by limiting the... a. provocative nature of the ideas contained in the speech. b. overtly political content of speech. c. content of religious ideas expressed. d. spreading of anti-government messages. e. means for communicating ideas.

e. means for communicating ideas.

The Supreme Court does not require that state juries have twelve members. It permits jury sizes to vary but has said that the minimum number needed for a jury is... a. two. b. ten. c. five. d. eight. e. six.

e. six.

The freedom of the press is especially salient when... a. the government is highly polarized. b. there is a presidential election. c. there is a congressional election. d. there is a terrorist attack. e. the nation is at war

e. the nation is at war