Inquizitive Chapter 04. Civil Liberties
The Bill of Rights initially applied to the ____ government(s), while today the Bill of Rights applies to the ___ government(s).
- national - National and state
Which of the following rights appeared in the original text of the Constitution, before the addition of the Bill of Rights?
- right to trial by jury in the state where a crime was committed - right of habeas corpus
The highest rates of incarceration are found in the ___ while the lowest rates are found in the ____
- south -northeast
The Bill of Rights describes the civil rights afforded to all Americans. (T/F)
False
The original purpose of the Second Amendment was to provide for an individual right to bear arms. (T/F)
False
Which statement about the Supreme Court's approach to dealing with gun rights over time is accurate?
The Court did not deal with many such cases until the twenty-first century.
How does the government tend to treat the "marketplace of ideas"?
tends to be restrictive
What is the primary function of the Eighth Amendment?
to protect citizens from cruel and unusual punishment
Which case, involving a refusal to stand for the Pledge of Allegiance, established the precedent for the free exercise clause?
west Virginia state board education v. Barnette
Which of the following instances of commercial speech can and cannot be regulated by the government?
- A city refuses to allow advertisements in the municipal softball fields. - A juice company falsely claims that its product can cure cancer.
Which of the following amendments have been selectively incorporated to the states using the Fourteenth Amendment?
-1 -8 -2
Which of the following amendments has the Supreme Court argued have elements of the right to privacy?
-4 -3 -5 -9
Which of the following cases are examples of libel?
-A magazine wanting to boost its circulation runs an article making a knowingly false accusation about a senator running a gambling ring. -A newspaper falsely accuses a local business owner of cheating on his taxes with the intention of damaging his career.
Which of the following are the three parts of the Lemon test?
-Does the practice advance or inhibit religion? -Does the practice foster an excessive government entanglement with religion? -Does the practice have a secular legislative purpose?
Which of the following were among Alexander Hamilton's arguments concerning the Bill of Rights?
-Hamilton argued that a bill of rights would be irrelevant because the national government had only delegated powers. -Hamilton argued that the Constitution already contained provisions that amounted to a bill of rights.
Which of the following statements about background checks are accurate?
-In most states, no background check is necessary to buy a firearm from an unlicensed dealer. -States can determine for themselves whether or not to require a background check for the sale of a firearm by an unlicensed dealer. -States on the West Coast tend to have background checks for all firearms.
Protected speech
-Inflammatory protestors picket at a military funeral. -A protestor burns the Texas state flag. -Walter's Widgets Inc. runs ads supporting a political candidate.
Which of the following terms are associated with freedom of religion?
-Lemon test -establishment clause -free exercise clause
How has the Supreme Court influenced privacy rights?
-The Court expanded privacy rights when it ruled that states cannot make homosexual conduct a crime. -The Court expanded privacy rights when it ruled that women have a right to seek an abortion. -The Court expanded privacy rights when it ruled that people have "privacy in one's association."
Which of the following statements about the death penalty are correct?
-The Supreme Court has banned the death penalty. -Death penalty usage and sentences have decreased over time. -The Supreme Court has restricted the cases in which the death penalty can be applied.
What does the free exercise clause allow?
-The clause allows individuals to abstain from religion. -The clause allows citizens to believe and practice whatever religion they choose.
Imagine that you have been arrested for a speech criticizing the government. In which years and at which levels of government would this be an unconstitutional violation of your civil liberties?
-The year is 1986, and you were arrested by the federal government. -The year is 1986, and you were arrested by the state government. -The year is 1886, and you were arrested by the federal government.
Why are fighting words an "unprotected" form of speech?
-They may directly incite damaging action. -They do not contribute to the marketplace of ideas.
Why has the "stop and frisk" police tactic been a topic of controversy?
-This tactic does not reduce crime. -This tactic has been linked to racial profiling. -This tactic leaves a lot of discretion to a police officer to determine probable cause.
Which confessions would be legally admissible today?
-a confession made when the suspect and his attorney have agreed to a plea deal -a confession made after the suspect has been informed of his right to silence
first amendment characteristics
-allows for the freedom of speech -allows for the freedom of press
second amendment characteristics
-allows for the right to bear arms -
Over the past 50 years, ___ has established restrictions on money in political campaigns, but ___ has reversed many of them. This is largely because political donations are considered a form of __ speech
-congress - the supreme court - protected
The cases Holt v. Hobbs and Burwell v. Hobby Lobby Stores both addressed the ___ clause of the First Amendment, and in both circumstances, the Court ___ protection from religious discrimination.
-free exercise -bolstered
In which of the following scenarios would evidence be subject to the exclusionary rule?
-if police used drug dogs on the front porches of houses -if police entered your house without a warrant or probable cause
In 2008, a landmark Supreme Court ruling recognized a(n) ____ right to bear arms for the purpose(s) of ___
-individual -self-defense
first amendment & second amendment characteristics
-limits the government's power -protects individual freedom -within the Bill of Rights -reserves powers to the public
Which of the following protections are guaranteed by the Fifth Amendment?
-protection from double jeopardy -the right to a grand jury -protection from self-incrimination
Which practices have the courts considered unacceptable, as they violated Fourth Amendment protections?
-searching and seizing a cell phone during an arrest -searching and seizing a cell phone during an arrest
In general, the Supreme Court has ___ bans on obscenity, except for cases involving _____
-struck down -broadcast television
In recent years, the Supreme Court has ___ a woman's right to seek an abortion, while ___ various state restrictions to abortion access.
-upheld -approving
Which amendment was most responsible for reversing Barron v. Baltimore and imposing some Bill of Rights protections on the states?
14th amendment
Which amendment specifies the right to bear arms?
2
In an attempt to pay back their student loans a bit faster, Mary and Bob commit identity theft and impersonate others so they can use their credit cards. The government prosecutes them but loses due to lack of evidence. After more evidence surfaces, the government attempts to prosecute Mary and Bob again. In doing so, it may be violating which amendment?
5th amendment
You have been accused of a crime and cannot afford an attorney on your own. Nevertheless, you are provided an attorney by the city. What amendment was foundational in giving you this right?
6th amendment
Unprotected Speech
A newspaper publishes detailed U.S. military positions during wartime.
Why was a bill of rights added to the Constitution?
Antifederalist demanded it for ratification of the Constitution
Which test did the Supreme Court create in 1971 to help determine whether a policy violated the establishment clause?
Lemon
In which case did the Supreme Court apply Second Amendment protections to the states?
McDonald vs. Chicago
Selective incorporation was established in which Supreme Court case?
Palko vs. Connecticut
How does the "wall of separation" apply to the establishment clause?
The "wall of separation" refers to the dissociation between church and state.
Which of the following best describes the Supreme Court's stance on public displays of religious symbols?
The Courts rulings have been inconsistent
How have Supreme Court decisions influenced the right to die?
The Supreme Court has not ruled definitive on the right to die.
The free exercise clause protects one's right to be a nonbeliever of any religious faith. (T/F)
True
How was abortion regulated prior to Roe v. Wade?
access to abortions was regulated by state governments
clear and present danger test (r/e)
expression
prior restraint (r/e)
expression
The original Constitution did not specify any protected rights until the Bill of Rights was adopted. (T/F)
false
The __ Amendment's _________ is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the ____ has to do with Congress prohibiting or interfering with the practice of religion.
first establishment clause free exercise clause
A radical group holds a protest in a town square, though they are careful not to block traffic or disrupt the businesses in the area. Their right to assemble in this way is protected by what doctrine?
public forum doctrine
establishment clause (r/e)
religion
free exercise clause (r/e)
religion
