GOV QUIZ ch 7&8
Which of the following is one justification for the use of bail?
A person should not be imprisoned until his or her guilt has been established
Which of the following BEST illustrates the idea of personal desires and interests being subordinated to the public good?
A publisher refrains from printing sensitive war-related information.
Which of the following actions is allowed according to the 5th Amendment guarantee against self-incrimination?
A witness at a Senate intelligence committee hearing can refuse to answer a question.
was elected 16th President of the United States and entered office in 1861 at age 52. He is known for issuing the Emancipation Proclamation, which declared that "all persons held as slaves. . . shall be then, thenceforward, and forever free. . . ." He was assassinated in 1865.
Abraham Lincoln
Why is the 9th Amendment important in the protection of individual rights?
Because it declares that rights exist beyond those listed in the Constitution
first ten amendments to the Constitution
Bill of Rights
second African American appointed to the Supreme Court. President George H.W. Bush nominated him as an associate justice of the Supreme Court in 1991 to replace Thurgood Marshall, and he continues to serve.
Clarence Thomas
Which of the following is NOT used as part of the Lemon test to determine whether a State law amounts to an "establishment" of religion?
Determining whether the law supports the public good
is the seat of the government of the United States of America. Located between Maryland and Virginia, it covers 68 square miles along the Potomac River. The city of Washington, D.C. covers the entire District of Columbia.
District of Columbia
part of the 14th Amendment which guarantees that no State deny basic rights to its people
Due Process Clause
Which of the following best explains how due process helps protect individual rights?
Due process holds that government must act fairly and in accord with established rules.
was the fourth woman appointed to the Supreme Court. President Obama nominated her to serve as the Solicitor General of the United States in 2009. After serving as Solicitor General for a year, she was nominated by President Obama as an associate justice of the Supreme Court in 2010, where she continues to serve.
Elena Kagan
part of the 1st Amendment of the Constitution that guarantees the separation of church and State
Establishment Clause
the second part of the constitutional guarantee of religious freedom; guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion
Free Exercise Clause
According to the founders of the United States, what MAIN purpose does government serve?
Governments are formed to protect the unalienable rights of the people.
First leased by the United States from Cuba in 1903, Guantanamo Bay houses a naval base that has been in regular use ever since. Since January 11, 2002, the base has housed individuals captured by the U.S. military during the War on Terror. This detention center has been deeply controversial since it opened, and the fate of the prisoners housed there is hotly debated from both legal and moral perspectives.
Guantanamo Bay, Cuba
Read the following quotation from Justice Oliver Wendell Holmes: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic." Which of the following points is supported by this quotation?
In the United States, each person's rights are relative to the rights of every other person.
According to the Supreme Court's decision regarding the District of Columbia's strict gun control law, what is one important aspect of the 2nd Amendment?
Individuals have a constitutional right to keep and bear arms for self-defense.
Which of the following is a statement in support of judicial activism?
Interpret the Constitution by taking into account changes in society
Why is the case Gitlow v. New York important
It began the process of incorporating many of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause.
Which of the following is TRUE about the crime of treason?
It is the only crime defined in the Constitution.
Which of the following statements BEST describes how the separation of church and state reflects the principle of limited government?
It limits government interference and prevents the government from favoring one religion over another.
What is the significance of the Due Process Clause of the 14th Amendment?
It prevents the States from denying any right that is basic to the concept of ordered liberty.
How did the Supreme Court use its power of judicial review for the first time?
It resolved a power struggle between two political parties.
What is the impact on 1st Amendment rights of the Supreme Court ruling in Schenck v. United States?
It restricts freedom of expression to words that do not lead to criminal acts.
a congressman from Maine and Speaker of the House from 1869 to 1875, was an unsuccessful candidate for President in 1876 and 1880. He served as Secretary of State in 1881 and again from 1889 to 1892.
James G. Blaine
wrote several of the Federalist Papers and was a major figure in the movement to replace the Articles of Confederation. His Notes from the Constitutional Convention have given us a clear understanding of what went on during those debates. During the convention, Madison was the main architect of the Virginia Plan and had a strong influence on the entire meeting. In fact, he has been referred to as the "Father of the Constitution." At that time, he favored a strong national government but later saw the benefits of stronger State governments
James Madison
was the fourth chief justice of the United States. He had strong opinions about the power of the Supreme Court to interpret the Constitution, and his rulings have had a profound impact on American law to this very day.
John Marshall
received his J.D. from Harvard Law School in 1979. He later worked as a law clerk at the Supreme Court, Associate Counsel to President Ronald Reagan, and in the White House Counsel's office from 1982 to 1986. He was nominated to the Supreme Court by President George W. Bush and was confirmed in 2005.
John Roberts
Court first asserted its power of judicial review
Marbury v. Madison
constitutional rights that police must read to a suspect before questioning can occur
Miranda rule
was a justice of the U.S. Supreme Court from 1902 to 1932 who was nicknamed "the Great Dissenter."
Oliver Wendell Holmes
was an 1866 graduate of Harvard Law School, and later, a professor there. He served on the Massachusetts Supreme Court for twenty years before being nominated to the Supreme Court by President Theodore Roosevelt in 1902. He is best known for writing the majority opinion in Schenck v. U.S. , 1919, in which he established the "clear and present danger" test for evaluating State infringement on the freedom of speech.
Oliver Wendell Holmes
In what way is the ruling in Boy Scouts of America v. Dale an example of the right of association?
Organizations can limit membership based on the organization's overall purpose.
Why did the Framers include a ban on bills of attainder in the Constitution?
Parliament had abused its power by punishing citizens without trials
Which of the following arguments SUPPORTS State aid to parochial schools?
Parochial schools enroll many students who would otherwise have to be educated at public expense.
on the island of Oahu in Hawaii, on which a U.S. naval base is located
Pearl Harbor
Which of the following constitutional provisions limits the role of government in order to protect individual rights? Responses
Police must have a proper warrant in order to conduct most searches.
was a justice of the U.S. Supreme Court from 1941 to 1954. He is best known for his opinion in West Virginia State Board of Education v. Barnette , 1943, that expanded the scope of the 1st Amendment's freedom of speech guarantee.
Robert H. Jackson
served as U.S. Attorney General and was appointed Chief Justice of the Supreme Court in 1836. His majority opinion in Dred Scott v. Sandford, 1857, stating that African Americans could not be considered U.S. citizens, caused much contention on the eve of the Civil War.
Roger B. Taney
was the second woman appointed to the Supreme Court. President Clinton nominated her to serve as an associate justice of the Supreme Court in 1993, and she continues to serve.
Ruth Bader Ginsburg
was the first woman appointed to the Supreme Court. Nominated by President Reagan in 1981, she served as associate justice of the Supreme Court until she retired in 2006. Known for her carefully researched opinions, she was considered a moderate conservative.
Sandra Day O'Connor
the third woman appointed to the Supreme Court. President Obama nominated her to serve as an associate justice of the Supreme Court in 2009, and she continues to serve.
Sonia Sotomayor
In which courts are most cases in the United States heard?
State courts
Which court does Article III, Section 1 of the Constitution specifically name?
Supreme Court
How does the Court's interpretation of symbolic speech in Virginia v. Black compare with its interpretation in Texas v. Johnson?
The Court interpreted Texas as protected, and Virginia as not protected.
Which statement about the United States Tax Court is TRUE?
The Internal Revenue Service brings civil cases to this court.
A patent case brought by a California businesswoman enters the appeal process. Which of the following is CORRECT?
The case will be heard in the Court of Appeals for the Federal Circuit in Washington, D.C
Which of these cases could end up in the Court of Appeals for Veterans Claims?
The children of a naval officer claim burial benefits for their mother, who remarried after the death of their father.
Which of the following Supreme Court decisions based on the 13th Amendment was intended to address the situation of a particular racial group?
The decision holding that all citizens shall have the same right to make and enforce contracts.
Which of the following actions has the Supreme Court upheld under the Free Exercise Clause?
The government can draft those who have religious objections to military service.
How does the case of Tinker v. Des Moines School District illustrate constitutional provisions for limited government in the protection of individual rights?
The students' actions had 1st Amendment protection because they did not cause a disruption of normal school activities.
It was announced today that the district attorney obtained an indictment from a grand jury in Joe Brown v. United States. How do you know this criminal case is being tried in a federal district court?
These are the only federal courts that use grand juries to indict defendants.
Why does the Supreme Court have original jurisdiction over cases involving ambassadors and consuls?
These cases involve the United States as a nation.
Which of the following statements about courts-martial is TRUE?
They are not part of the federal court system.
a strong advocate of democracy and civil rights, was the author of the Declaration of Independence and the Virginia Statute for Religious Freedom. He served as secretary of state under George Washington, as Vice President under John Adams, and as the third President of the United States (1801-1809). During his presidency, the United States acquired the Louisiana Territory from France, expanding the union to a border 827,000 square miles west of the Mississippi River.
Thomas Jefferson
first African American appointed to the Supreme Court (in 1967) and served as associate justice until 1991. In 1954, while an attorney, he successfully argued the case of Brown v. Board of Education (which declared racial segregation unconstitutional in American public schools) before the U.S. Supreme Court
Thurgood Marshall
Why do you think the Supreme Court justices meet in private to discuss cases?
To ensure that justices can speak their mind and be free from politics
Which of the following is an example of a use of the police power that most likely violates the 14th Amendment's Due Process Clause?
To promote public safety, a State enacts a law prohibiting driving after 11 p.m.
became the plaintiff in Marbury v. Madison , the Supreme Court case that established the power of judicial review. He was appointed by President John Adams to become a justice of the peace in the District of Columbia. As a result of the decision in Marbury v. Madison , Marbury lost his commission to become a judge.
William Marbury
Federal and State courts have concurrent jurisdiction in cases in which
a citizen of one State sues a citizen of another State for damages greater than $75,000
In Texas v. Johnson, the Supreme Court held that burning the American flag is
a form of expression that is protected by the Constitution.
The police arrest a person for making counterfeit $100 bills, a federal crime. What does the 5th Amendment ensure for this person?
a grand jury hearing and one trial in federal court
Which of the following is an example of a violation of the 5th Amendment right to substantive due process?
a law allowing police to pump a suspect's stomach for evidence
The 5th Amendment's guarantee against double jeopardy means that
a person cannot be tried twice for the same crime.
Which of the following is sufficient for a police officer to enter someone's home and search for evidence in connection with a crime?
a search warrant signed by a judge
foreign-born resident, or noncitizen
alien
The rules of bail and preventive detention protect a suspect's rights by
allowing the accused to appeal the denial of or the amount of bail.
the authority of a court to review decisions of inferior (lower) courts
appellate jurisdiction
College administrators allowed an anti-war demonstration, but blocked a demonstration protesting college admissions policies. The administrators' actions
are unconstitutional, because they are not content neutral.
How did the Supreme Court interpret the 14th Amendment's right to privacy in the case Roe v. Wade?
as a woman's decision to terminate or continue her pregnancy
How did the Supreme Court interpret the 4th Amendment in Mapp v. Ohio, 1961?
as prohibiting the use of evidence obtained from an illegal search of a person's home
to gather with one another in order to express views on public matters
assemble
sum of money that the accused may be required to post (deposit with the court) as a guarantee that he or she will appear in court at the proper time
bail
trial in which the judge alone hears the case
bench trial
legislative act that inflicts punishment without a court trial
bill of attainder
the Territorial Court of Guam and the District of Columbia Courts
both criminal and civil cases.
written statement that spells out the party's legal position and cites relevant facts and legal precedents
brief
case that ended public segregation
brown v board of education
In Burstyn, Inc. v. Wilson, the Court cited "prior restraint on freedom of speech and the press" as reason to void a New York law forbidding the showing of a particular motion picture. Prior restraint means that the government
cannot curb ideas shown in the film before they are expressed.
In Forsyth County v. Nationalist Movemen, the Court allowed a pro-Nazi group to assemble in a community hostile to their views and overturned local ordinances prohibiting the assembly. This decision reflects the fact that the government
cannot use State or local laws to prevent a peaceable assembly on the basis of what might be said there.
death penalty
capital punishment
the result of a process in which a lower court asks the Court to certify the answer to a specific question, such as a procedure or rule of law
certificate
a case involving a noncriminal matter such as a contract dispute or a claim of patent infringement
civil case
a form of protest in which people deliberately but non-violently violate the law as a means of expressing their opposition to some particular law or public policy
civil disobedience
guarantees of the safety of persons, opinions, and property from the arbitrary acts of government, including freedom of speech and freedom of religion
civil liberties
term used for positive acts of government that seek to make constitutional guarantees a reality for all people, e.g., prohibitions of discrimination
civil rights
a court operating as part of the judicial branch, entirely separate from the military establishment
civilian tribunal
What kind of jurisdiction allows either a State or a federal court to hear a case?
concurrent jurisdiction
power shared by federal and State courts to hear certain cases
concurrent jurisdiction
an opinion which is basically in agreement with the decision that the Court has made, but which bases that opinion on different reasons
concurring opinion
Which types of federal courts were formed under Article III to exercise "the judicial Power of the United States"?
constitutional courts
the government may not regulate assemblies on the basis of what might be said
content neutral
Which of the following statements is TRUE about the Trade Court?
court of first instance; constitutional court
courts composed of military personnel, for the trial of those accused of violating military law
courts-martial
a case in which a defendant is tried for committing a crime as defined by the law
criminal case
in a civil suit, the person against whom a court action is brought by the plaintiff; in a criminal case, the person charged with the crime
defendant
bias, unfairness
discrimination
an opinion written by a justice who does not agree with the Court's decision, explaining the reasons why not.
dissenting opinions
a court's list of cases to be heard
docket
A group of U.S. military veterans are planning to gather at a memorial to read the names of fallen comrades and give speeches calling for an end to war. This assembly is protected by the 1st Amendment, assuming that it
does not interfere with the rights of other citizens.
part of the 5th Amendment stating that no person can be put in jeopardy of life or limb twice; once a person has been tried for a crime, he or she cannot be tried again for the same crime
double jeopardy
concept that holds that the government must act fairly and in accord with established rules in all that it does
due process
power of a government to take private property for public use
eminent domain
case saying government cannot have public prayer
engel v vitale
Gideon v. Wainwright extends the 6th Amendment rights of the accused by
ensuring that a defendant who cannot afford a lawyer will still be able to use one.
The exclusionary rule states that
evidence gained as the result of an illegal act by police cannot be used in court.
law applied to an act committed before its passage
ex post facto law
ruling stating that evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized
exclusionary rule
Through the process of incorporation, the Supreme Court has
extended most of the protections in the Bill of Rights to the States.
If the U.S. Army were sued, the case would be heard by
federal court
Which of the following is prohibited under the 13th Amendment?
forcing someone to work for another to fulfill a contract
case that clarified and upheld capital punishment
furman v georgia
case that ruled that anyone that cannot afford an attorney give one if requested
gideon v wainwright
formal device by which a person can be accused of a serious crime
grand jury
Software companies have challenged State laws aimed at restricting the sale of violent video games to minors. What aspects of the 1st Amendment support the software companies' position?
guarantee of free speech and limits on prior restraint
A sit-in was staged on the State Department's sidewalk protesting a proposed pipeline from Alaska to the Gulf Coast. The 1st Amendment provides that such a protest is permissible
in public spaces where there is no infringement on others' rights.
.In its most recent 2nd Amendment decisions, the Supreme Court has
incorporated the 2nd Amendment into the 14th Amendment's Due Process Clause.
formal complaint before a grand jury that charges the accused with one or more crimes
indictment
formal charge filed by a prosecutor without the action of a grand jury
information
court order that forces or limits the performance of some act by a private individual or by a public official
injunction
forced labor
involuntary servitude
An independent judicial branch makes a society more democratic because
it protects the rights of individuals.
a judicial philosophy in which supporters believe that judges should interpret and apply provisions in the Constitution and in statute law in light of ongoing changes in conditions and values
judicial activism
a judicial philosophy in which supporters believe that judges should decide cases based on the original intent of the Framers or those who enacted the statute(s) involved in a case, or on precedent
judicial restraint
the authority of a court to hear a case
jurisdiction
Which of the following explains one reason why States might be allowed to stop people from posting certain comments on social media sites?
laws prohibiting libel
Which of the following is constitutional?
laws that require advance notice for demonstrations
false and malicious use of printed words
libel
Reasonable restrictions' are allowed on freedom of expression to prohibit the expression of words that
libel, slander, or endanger another person.
the opinion on which the decision of the Court is based, which identifies the issues in the case and the reasons for the decision
majority opinion
case ruling any evidence obtained illegally is unable to be used
mapp v ohio
court case with exclusionary rule
mapp v ohio
miranda rights case
miranda v arizona
The Court found prior restraint unconstitutional in the Pentagon Papers case but not in the case of a CIA agent's publishing material without permission because
national security concerns were proven in the CIA case.
case that said in schools reasonable suspicion is only needed at schools to search
new jersey v tlo
the power of a court to hear a case first, before any other court
original jurisdiction
church-related
parochial
a citizen's right to bring his or her view to the attention of public officials by such means as written petitions, letters, lobbying, and marches
petition
patrolling of a business site by workers who are on strike
picketing
in civil law, the party who brings a suit or some other legal action against another (the defendant) in court
plaintiff
court case that ruled separate but equal
plessy v ferguson
authority of each State to act to protect and promote the public health, safety, morals, and general welfare of its people
police power
court decision that stands as an example to be followed in future, similar cases
precedent
formal accusation brought by the grand jury on its own motion, rather than that of the prosecutor
presentment
The Constitution limits the role of government with regard to the rights of petition and assembly in order to
prevent interference with the expression of opposing and unpopular views.
The Framers believed a strong judicial system was necessary because it would
prevent the States from interpreting, applying, or ignoring U.S. laws as they saw fit.
law that allows federal judges to order that an accused felon be held, without bail, when there is good reason to believe that he or she will commit yet another serious crime before the trial
preventive detention
idea that government cannot curb ideas before they are expressed
prior restraint
When private property rights and the right of assembly come into conflict, which has been upheld by the Supreme Court?
private property rights take precedence over the right of assembly
reasonable grounds, a reasonable suspicion of crime
probable cause
concept that holds that the government must employ fair procedures and methods
procedural due process
Police officers break into a home unlawfully to look for evidence. This is an example of the violation of
procedural due process.
the process of incorporating, or including, most of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause
process of incorporation
The writ of habeas corpus and the grand jury both
protect a citizen from being held for a crime without good reason.
Based on the Supreme Court's interpretation of the 8th Amendment prohibition against cruel and unusual punishment, which of the following is allowable?
putting two inmates in a prison cell designed to hold only one person
a transcript of proceedings made in trial court
record
satisfaction of a claim payment
redress
the Supreme Court has held that public schools cannot Responses
require a moment of silence at the start of each day.
Which of the following is allowable under the police power?
requiring the use of seat belts
the right to associate with others to promote political, economic, and other social causes
right of association
A judge nullified trespassing citations issued to a group that had staged a protest by pitching tents in a public plaza. What constitutional safeguards most likely guided the judge's decision?
right to assemble if participants do not interfere with the rights of others
Which basic principle regarding citizens' right to a fair trial is served by the appellate system?
right to speedy trial
case ruled that its constitutional to take away some of his rights if he presented clear and present danger under espionage acts
schenck v us
clear and present danger case
schenck v us
court order authorizing a search
search warrant
Which of the following is considered legal action by a police officer even if he or she doesn't have a warrant?
searching a boat that is believed to be involved in illegal activities
Which of the following actions has the Supreme Court ruled a violation of the Establishment Clause?
seasonal displays of a single religious doctrine at government buildings
crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts
sedition
advocating, or urging, an attempt to overthrow the government by force or to disrupt its lawful activities with violence
seditious speech
law which gives reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings
shield laws
false and malicious use of spoken words
slander
concept that holds that the government must create fair policies and laws
substantive due process
When the Supreme Court finds the content of a law to be unconstitutional, it has acted to uphold
substantive due process.
expression by conduct; communicating ideas through facial expressions, with body language, or by carrying a sign or wearing an armband
symbolic speech
case saying burning flag is constitutional
texas v johnson
If the Supreme Court denies a petition for a writ of certiorari, it means that
the Court does not believe that the case raises any constitutional issues
When a verdict from the Court of International Trade is appealed, which court hears the case?
the Court of Appeals for the Federal Circuit
Which constitutional provision sets up, in Thomas Jefferson's words, "a wall of separation between church and state"? Responses
the Free Exercise Clause
Which two special courts have basically the same role?
the Territorial Court of Guam and the District of Columbia Courts
What is the police power?
the authority of each State to act to protect the public
Today, most Supreme Court justices come from
the courts of appeals
If the U.S. Supreme Court chooses to deny a writ of certiorari in a case, it means that
the decision of the lower court stands.
Which of the following BEST describes the Bill of Rights?
the first ten amendments to the Constitution
During a trial, a defendant is allowed to exercise the 5th Amendment guarantee against self-incrimination when
the prosecutor demands that the defendant confess.
The death penalty could be given in which of the following situations?
the robber of a convenience store kills a police officer in his escape attempt
Which of the following is TRUE about the Court's ruling in Red Lion Broadcasting Co. v. FCC? Because broadcasters use public airways,
their broadcasts can be regulated to ensure they do not infringe on the rights of the public.
The Framers stipulated that federal judges should be appointed, rather than elected, and serve for life because
they wanted judges to be able to make decisions based on their best judgment.
Supreme Court justices write opinions on cases that they decide because
they wish to give credit to cases that influenced them.
case saying students can protest in schools as long as it doesn't interfer with learning
tinker v des moines
Why does the Supreme Court hear oral arguments in addition to reading briefs?
to ask questions
The Supreme Court exercises original jurisdiction in cases
to which a State is a party
betrayal of one's country; in the Constitution, by "levying war against the United States or offering comfort or aid to its enemies"
treason
Which of the following is an example of the Supreme Court limiting the free exercise of religion?
upholding laws that forbid the use of poisonous snakes in religious rites
Which of the following is permitted in public schools?
using tax money to bus students to parochial schools
an order by the Court directing a lower court to send up the record in a given case for review
writ of certiorari
court order that prevents unjust arrests and imprisonments
writ of habeas corpus
blanket search warrant with which British custom officials had invaded private homes to search for smuggled goods
writs of assistance