Government Ch. 4 Quiz

which of the following amendments contains a due process clause

fourteenth

The individual right that is the most basic of democratic rights is

freedom of expression

Gideon v. Wainwright required the states to

furnish attorneys for poor defendants in felony cases

The Supreme Court

has generally protected symbolic speech almost as substantially as it has protected verbal speech

In its 1969 Brandenburg v. Ohio ruling, the Supreme Court established the ________ test.

imminent lawless action

In 1987 the Supreme Court ruled that creationism

is a religious doctrine, not a scientific theory.

You have the right to remain silent...... anything you say can be and will be used against you in a court of law...... you have the right to an attorney. this is called the

miranda warning

Like all other rights, the right of free expression is

not absolute

The conviction of members of the US communist party in the early 1950s was initially upheld as a lawful restriction of the right

of free speech

The Supreme Court's position on prior restraint of the press is that

prior restraint should only occur under very compelling circumstances, and it is better to hold the press responsible for what has printed than to restrict what it may print

Justice Holmes's "clear and present danger" test holds that government can

restrict speech that threatens national security

The inclusion of certain provisions of the Bill of Rights through the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called

selective incorporation

in its 2011 Synder v. Phelps ruling, The Supreme Court held that Westboro Baptist Church protests at military funerals

were a constitutionally protected form of free speech

Government can lawfully prevent a political rally from taking place

when it can demonstrate that harmful acts will necessarily result from the rally

Libel applies to defamation of an individual's reputation through the

written word

what is the greatest restriction on appeals in the United States

a federal law that bars in most instances a second federal appeal by a prisoner

the USA Patriot Act

all of these answers are correct

The right to an attorney is guaranteed by the _______ amendment

sixth

according to the Supreme Court, prayer in public schools violates

the establishment clause

spoken words that are known to be false and harmful to a person's reputation are an example of

slander

in Schneck v. United States (1919) the supreme court ruled that

speech could be restricted when the nation's security is at stake

The Supreme Court has reasoned that a right to privacy is provided by

the implication of the right to privacy by the freedoms in the Bill of Rights.

which of the following, relative to the others, is typically more protective of individual rights

the Judiciary

which of the following countries comes closest to the United States in terms of the percentage of its citizens who are behind bars

Russia

in Bowers v. Hardwick (1986), The supreme court justices determined that

the right to privacy does not include homosexual acts

which state has the highest incarceration rate

Louisiana

explain the concept of procedural due process and list several of the procedural rights protected by the Constitution. Do these rights apply to all levels of government? Explain

Procedural due process refers to procedures or methods that government must follow before a person can legally be deprived of life, liberty, or property. The U.S. Constitution offers procedural safeguards designed to protect a person from wrongful arrest, conviction, and punishment. These procedures include prohibitions on unreasonable search and seizure, self-incrimination, double jeopardy, and excessive bail or fine, and include guarantees of legal counsel, jury trial, speedy trial, and the confrontation of witnesses. These rights apply to the federal government through the Bill of Rights and have been extended to cover state action by selective incorporation through the Fourteenth Amendment.

according to the Supreme Court, what is true regarding freedom of assembly

Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable

what is meant by selective incorporation? Discuss the history of this process and its importance to the protection of individual rights

Selective incorporation refers to the absorption of certain provisions of the Bill of Rights, including freedom of speech and press, into the Fourteenth Amendment. These rights are thereby protected from infringement by the states. After the Civil War, the Fourteenth Amendment was debated in Congress. There was no indication its framers intended it to protect First Amendment rights, such as freedom of speech and press, from state action. Seventy years later, the Supreme Court invoked the Fourteenth Amendment's due process clause in a free speech case, which was followed by a series of cases that established the process of selective incorporation. In doing so, the Court declared certain rights to be a fundamental part of democratic society and, therefore, to be protected from state intervention. At first, the Court included only free expression rights in its interpretation. In the 1960s, selective incorporation was used also to protect fair trial rights.

according to the Supreme Court, what is the status of prayer in the public schools

State-supported prayers are not allowed in public schools

which of the following is true about the sedition act of 1798

The Act prohibited malicious newspaper stories about the president.

which of the following is true of the appeal process

The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.

how has the Supreme Court interpreted the eighth amendment prohibition against cruel and unusual punishment in recent years

The Supreme Court has typically let Congress and the state legislatures determine the appropriate penalties for crime. It has upheld some challenged state punishments in high profile cases, and some states continue to have extremely high incarceration and execution rates. With regard to the death penalty, however, the court has placed some limits on states abilities to execute prisoners, particularly mentally retarded and juvenile ones

discuss the differences between the first amendment establishment and free exercise clauses

The establishment clause has been interpreted by the courts as meaning that the government may not favor one religion over another or support religion over no religion at all. Thus, a wall of separation must be maintained between church and state. The free exercise clause means that Americans are free to hold any religious beliefs they want, although they are not always free to act on their beliefs. The Supreme Court has allowed government interference when exercise of religious belief conflicts with otherwise valid law

According to Freedom House, which of the following countries has the highest degree of freedom?

United States

The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by

actions of state and local governments

When can police legally begin their interrogation of a suspect?

after the suspect has been warned that his or her words can be used as evidence

in the constitution, procedural due process is protected in various ways by the

all of these answers are correct

Planned Parenthood v. Casey (1992) the justices

allowed a restriction on abortion services as long as it did not cause an "undue burden" on the woman

the inevitable discovery exception

allows the use of normally inadmissible evidence that would have been discovered regardless by other means or through other forms of evidence.

The term civil liberties refers to specific individual rights that

are constitutionally protected from infringement by government

the Edward Snowden leaks about the NSA surveillance program

brought changes in how Americans' phone data was stored for NSA retrieval.

In the Johnson flag-burning case, the Supreme Court ruled that

cannot be prohibited even though it may be offensive

what was the main conclusion of the Supreme Court's 2008 decision in District of Columbia v. Heller and 2010 decision in McDonald v. Chicago

citizens are allowed to own guns for legitimate purposes, such as for protecting the home

If a person yells "fire" in a crowded theater when there is no fire, and people are hurt in the ensuing panic, that individual abused his freedom of speech according to the doctrine of

clear and present danger

In the 2014 case of Burwell v. Hobby Lobby Stores, the Supreme Court ruled that

companies with only a few owners can refuse, on religious grounds, to include contraceptives in employees' health coverage.

in Mapp v. Ohio, The selective incorporation process was extended to include

criminal proceedings in the states.

the lemon test is designed to

ensure the secular nature of a government action or policy

The exclusionary rule states that

evidence obtained illegally is inadmissible in court

Which constitutional amendment protects the individual against self-incrimination?

fifth