gov unit 3
Which scenario is allowed under the free-exercise clause?
A parent leads a prayer in a public park.
Which of these statements describes a Fourth Amendment protection?
A warrant based on probable cause is required
What was the social impact of the decision in Brown v. Board of Education?
It strengthened the growing civil rights movement.
Read the following amendment to the U.S. Constitution. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Which amendment is this?
Nineteenth
Which of these statements describes a Fifth Amendment protection?
No one can be tried twice for the same crime.
Which shows how Supreme Court rulings have modified the Fifth Amendment?
Officers must inform people of their rights before questioning them in custody.
Which group was most affected by the passage of the Fifteenth Amendment?
African American males over the age of 21
In 1868, what was the most important reason to include the equal protection clause in the Fourteenth Amendment?
African Americans were not protected under the law
How are the Griswold v. Connecticut and Roe v. Wade cases similar?
Both challenged the constitutionality of state laws.
Chief Justice Earl Warren stated, "Separate educational facilities are inherently unequal." What did the use of "inherently" imply about segregation?
By its very definition, it cannot be equal.
are the rights guaranteed by the Bill of Rights that cannot be taken away by law.
Civil Liberties
What was the impact of the Griswold v. Connecticut ruling?
Couples were allowed to keep their marriage decisions private
Which statement best describes the precedent set by the Supreme Court in New York Times v. United States regarding government censorship?
Government censorship is almost always unconstitutional.
Read the scenario. It is Election Day. Group X appears at the polls, but each member of that group is turned away and not allowed to vote. Group Z appears as well; group Z's members are allowed to vote as long as they brought a utility bill validating their address. What has happened to each group?
Group X has had its voting rights denied; group Z has had its rights abridged.
In Schenck v. United States, what circumstance made this speech case special?
It occurred during wartime.
How did the ruling in Plessy v. Ferguson affect the legalities of segregation?
It set "separate but equal" as a legal precedent.
According to the establishment clause, how would displaying a "Happy Holidays" sign in class be viewed?
The display does not violate the clause because it is secular.
As a result of the Miranda decision, police must now
inform suspects of their Fifth Amendment rights before questioning them.
The citizenship clause of the Fourteenth Amendment says a naturalized person
is a citizen, just like someone who was born in the United States.
What is the difference between the establishment clause and the free-exercise clause?
The establishment clause stops the government from favoring a religion while the free exercise clause allows people to express their religion.
Following the decision in the Gideon v. Wainwright case, what happens to accused persons who cannot afford to pay an attorney to represent them?
They are assigned an attorney by the court.
What is the common purpose of the Ninth and Tenth amendments?
They protect rights not listed in the Constitution.
Which piece of legislation increased the number of demographics eligible to vote by decreasing the required voting age to 18? Fifteenth Amendment
Twenty-sixth Amendment
Which best describes how unenumerated rights differ from procedural and substantive rights?
Unenumerated rights are not listed in the Bill of Rights.
Which best describes how unenumerated rights differ from procedural and substantive rights?
Unenumerated rights are not listed in the Constitution.
What does the term "mandate" mean in terms of civil rights and liberties?
a requirement
Accused persons have the right to request a witness to
appear in court.
In order to extend the civil rights of slaves after the Civil War, the United States
banned slavery with the Thirteenth Amendment and created new protections with the Fourteenth Amendment.
A key element of the Fourth Amendment is that searches and seizures must be conducted
based on reasonable belief that a crime has been committed.
Why were some framers in favor of incorporating the Bill of Rights?
because then the Bill of Rights would cover both state and federal law
Which action would be the least likely to be considered protected speech or a protected action?
burning a fire in a public park as a political protest
Which type of rights ensure equal treatment under the law?
civil rights
When a Constitutional Amendment is ________ it is interpreted.
construed
Read the following scenario. Jacob Smith is an African-American man in his fifties. He heads to a local restaurant for dinner and is told by the hostess that he is going to have to sit on "that side" of the establishment, as she gestures to a part of the restaurant where only other African-Americans are sitting. Mr. Smith feels offended and leaves the restaurant. Based on passage of the Civil Rights Act, what is Mr. Smith's best recourse?
contacting the Justice Department about a potential discrimination lawsuit.
What does the Eighth Amendment prohibit?
cruel and unusual punishment
The case of Furman v. Georgia (1972) resulted in a reinterpretation of the meaning of
cruel and unusual punishment.
In Furman v. Georgia (1972), William Furman claimed his sentence was
cruel and unusual.
In addition to protection against self-incrimination, the Fifth Amendment ensures that people have
double jeopardy and grand jury rights.
If two people of different ethnic backgrounds were guilty of the same crime, but only one of them were accused and tried, this would be a violation of
due process and equal protection under the law.
Which action would be considered an act of civil disobedience?
engaging in a sit-in, in which African Americans stay at a segregated business
Read the excerpt from the Fourteenth Amendment of the United States Constitution. No state shall make or enforce any law which shall [take away] the privileges or immunities of citizens of the United States. This Fourteenth Amendment clause is about
equal protection under the law.
In Furman v. Georgia (1972), the Supreme Court ruled in William Furman's favor, saying that Georgia had
established unclear standards for applying the death penalty.
A principal who leads a prayer at a graduation violates the First Amendment's
establishment clause.
Read the excerpt from the First Amendment of the United States Constitution. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. At the time it was written, this clause originally applied to
federal law only.
After Frank Palko was sentenced to death by the state of Connecticut, the Supreme Court ruled that
his conviction and execution should be upheld.
Under what circumstances would the protest of the students in Tinker v. Des Moines be deemed unprotected speech?
if their action had clearly threatened order and safety
When was the Fifteenth Amendment ratified?
in the 1860s, after the Civil War
The Fifth Amendment protects the individual's right
to avoid self-incrimination.
Why did the Supreme Court expand the incorporation of the Bill of Rights?
to ensure equal treatment for all citizens
Which best explains a purpose of the Fourth Amendment?
to keep the government from abusing its authority
According to the preamble to the Bill of Rights, what is the purpose of the Bill of Rights?
to prevent the government from abusing people's rights
What is the purpose of the establishment clause?
to stop government from supporting one religion
According to the precedent, Santa Fe School District v. Doe, a teacher who allows a student to lead a prayer at a high school baseball game would most likely be ruled
unconstitutional, because the game is affiliated with the school.
Courts that use a landmark case as precedent for a decision are
using an earlier case as a guide.
Which issue did the Supreme Court answer in the case of Duncan v. Louisiana?
whether the Sixth Amendment guarantee of a jury trial applies to the states
In a trial, who hears evidence and offers a verdict?
juries
The publication of false and damaging information about a person is referred to as
libel
The Voting Rights Act ended
literacy tests.
The enforcement clause of the Fourteenth Amendment states that Congress has the authority to
make laws to apply the amendment.
The Supreme Court's decisions in Terry v. Ohio (1967) and Horton v. California (1990) both held that the police
may, in certain cases, search individuals or seize their property without a warrant.
After the Civil War, the federal government began to extend civil rights to African Americans by
passing amendments to the Constitution.
Following the passage of the Fifteenth Amendment, states attempted to limit voting rights of African Americans through
poll taxes and literacy tests.
Which issue was at the heart of New York Times v. United States?
prior restraint
The cartoon shows an officer from the federal government
protecting freed African Americans.
In Regents v. Bakke, the Supreme Court struck down the use of racial BLANK as a way to reduce inequality in schools or workplaces.
quotas
What was Clarence Gideon forced to do during his burglary trial?
represent himself
Edwards v. South Carolina is significant because it limited states' ability to
restrict the freedom of assembly.
Which right does the First Amendment protect?
right to assemble
What rights are specifically protected under the Ninth Amendment?
rights unlisted in the Constitution
he Fourth Amendment to the Constitution protects citizens' BLANK rights.
search and seizure
Which of these is least likely to be considered protected speech?
shouting "FIRE!" in a crowded movie theater
Which type of rights are fundamental and belong to all citizens?
substantive rights
The Bill of Rights consists of the first BLANK amendments to the Constitution.
ten
In the case Gitlow v. New York, Gitlow argued
that his First Amendment rights were being violated.
If Chris is on trial and does not want to testify in court, which amendment protects her from testifying?
the Fifth Amendment
One way the Fourteenth Amendment shows that the Constitution is superior to state law is
the Fourteenth Amendment applied to state law through incorporation
One way the Fourteenth Amendment shows that the Constitution is superior to state law is
the Fourteenth Amendment applied to state law through incorporation.
Which amendment protects unenumerated rights such as voting rights?
the Ninth Amendment
Which amendment protects citizens from being forced to house troops?
the Third Amendment
The establishment clause would prevent
the mayor's office from displaying a cross
Protections are guaranteed by the Fourth Amendment to ensure that
the police do not become powerful at the expense of citizens' rights.
What does the First Amendment's right to assemble refer to?
the right of a group to meet in groups
Which privacy right is protected by Supreme Court decisions in Griswold v. Connecticut and Roe v. Wade?
the right to be left alone
Which is a grand jury right?
the right to indictment before trial for a capital crime
Which right is implied by the Second Amendment's right to bear arms?
the right to protect oneself
What right is implied by the Second Amendment's right to bear arms?
the right to protect yourself
A student is praying alone in his public school cafeteria before lunch. This activity is acceptable according to the establishment clause because
the school is not asking the student to pray.
Who was responsible for initially questioning the effectiveness of affirmative action?
Allan Bakke
Read the excerpt from the US Constitution. Congress shall make no law respecting an establishment of religion. According to the excerpt, what is the role of Congress regarding religion?
Congress cannot promote a religion.
Read the excerpt from the Fourteenth Amendment of the United States Constitution. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. This Fourteenth Amendment clause means that
Congress has the authority to make laws to apply the amendment.
What is true of a non-denominational activity?
It does not support a specific religion.
Which of the following did the Civil Rights Act accomplish?
It ended public segregation.
When Chief Justice Earl Warren stated, "A sense of inferiority affects the motivation of a child to learn," what was he essentially stating?
Low self-esteem can have a negative impact on grades.
Senator Quintero donates money to his local church from his personal checking account. Senator Kleinman donates money from a federally funded account to her church.
Senator Kleinman is in violation because she took the money from a federally funded account.
Which of these provisions is part of the Eighth Amendment?
Reasonable bail must be set.
Read the scenario. A woman is accused of a crime. She says that she was nowhere near the scene of the crime. Her friends who were with her at the time are afraid they will be accused as well, so they refuse to appear in court as witnesses. According to the Sixth Amendment, what can the woman do to support her court case?
She can require the witnesses to testify.
Which is a main idea in the Ninth Amendment?
Some rights are not included in the Constitution, but are still protected.
What is a landmark case?
a case that sets a precedent for future court decisions
How does the Seventh Amendment differ from the other amendments dealing with procedural rights in the Bill of Rights?
The Seventh Amendment applies to civil court proceedings.
How does the Tenth Amendment differ from the rest of the amendments in the Bill of Rights?
The Tenth Amendment reserves the rights of the states, whereas the others only reserve the rights of the people.
In the American colonies, which document called for religious freedom and helped to create aspects for the First Amendment?
The US Constitution
Which best describes what the government had to prove for its censorship of the New York Times to have been acceptable?
The articles would have had to indisputably harm the nation.
Which statement best explains why the Tenth Amendment reserves some rights and powers to the states?
The framers believed in the principle of federalism.
What impact was affirmative action designed to have?
creating quotas for minority admissions or hiring
What does separation of church and state mean?
The government cannot make laws based on religion.
Why would the right to privacy implied in the Ninth Amendment not protect an individual writing a blog?
The information is freely given to others
According to the establishment clause, how would a historical society's posting of the Ten Commandments along with the history of religion and its beliefs and practices be viewed?
The posting would not be in violation of the clause because people willingly go to the historical society.
In Engel v. Vitale, why did the courts rule that prayer in schools was unconstitutional?
The prayer was considered a religious activity.
Which best states Justice Harry Blackmun's position in Roe v. Wade?
The right to privacy has certain limits that must be recognized
For prior restraint to apply, what must the government prove about the speech in question?
The speech must present a clear and identifiable danger.
In Tinker v. Des Moines, why did the Supreme Court rule in favor of the students who wore armbands?
Their action was not disruptive.
Which statement best represents a result of the Nineteenth Amendment?
Women have been elected to government offices.
What factor do Plessy v. Ferguson, Brown v. Board of Education, and Regents of California v. Bakke have in common?
all three cases went to the Supreme Court for ruling.
The exclusionary rule states that if evidence is found during an illegal search, it
cannot be admitted as evidence in court.
In Duckworth v. Eagan (1988), the Supreme Court held that the police
could create their own Miranda warning if it communicated the same message.
The Supreme Court's decisions in Griswold v. Connecticut and Roe v. Wade were most important because they
gave a new definition to personal privacy.
The right to privacy protects citizens from
government intrusion.
In Furman v. Georgia (1972), William Furman appealed his death sentence for
murder
Civil liberties are related to which fundamental kind of rights?
natural rights
In Gideon v. Wainwright (1963), the Supreme Court ruled that Gideon had been denied his rights because he had hired an expensive lawyer he could not afford.
not been provided an attorney when he could not afford one.