Unit 6 Gov Quizzes
Which of the following claims is/are made in this section of the textbook about the constitutional right of consenting adults to engage in intimate sexual relations without interference by government? (SELECT ALL THAT APPLY)
According to the U.S. Supreme Court's decision in Lawrence v. Texas (2003), laws prohibiting sodomy within the privacy of one's home violate the right to personal privacy protected by the Due Process Clause of the Fourteenth Amendment. The Supreme Court of Georgia declared the State of Georgia's anti-sodomy law unconstitutional (under the Georgia Constitution) five years before the U.S. Supreme Court declared all such state laws unconstitutional under the U.S. Constitution.
Which of the following claims is/are made in this section of the textbook? (SELECT ALL THAT APPLY)
Americans (on average) have a higher level of religious devotion than do the people of other wealthy democratic countries. Religious freedom is the freedom to develop and live according to one s own religious beliefs insofar as doing so does not interfere with the same freedom of others. The First Amendment protects religious freedom through the Establishment Clause and the Free Exercise Clause.
Which of the following claims is/are made in this section of the textbook? (SELECT ALL THAT APPLY)
Civil liberties pertaining to criminal justice establish rules and procedures that the executive and judicial branches must follow when investigating, accusing, convicting, and punishing criminal suspects and convicts. The Founding Fathers believed it is through criminal law enforcement activities that government poses the GREATEST threat to the life and liberty of citizens. The Supreme Court has incorporated nearly all of the criminal justice civil liberties from the Bill of Rights into the Due Process Clause of the 14th Amendment.
Which of the following claims is/are made in this section of the textbook? (SELECT ALL THAT APPLY)
Currently, an act of Congress (the Religious Freedom Restoration Act) provides greater protection for the free exercise of religion against federal government action than does the Free Exercise Clause of the First Amendment. Today, religious citizens in many states enjoy the protections of the Sherbert Test through legislative statutes at the federal and state level aimed at securing the free exercise of religion.
According to the Supreme Court, which of the following kinds of searches may (without violating the Fourth Amendment) be conducted without a warrant? (SELECT ALL THAT APPLY)
Evidence obtained that is left "in plain view" from where a police officer has a legal right to be. A search when police have reason to worry that someone is about to destroy evidence. A search of an automobile when police have probable cause for believing the owner of the vehicle is guilty of a crime. A search incident to a lawful arrest.
In 1965, the U.S. Supreme Court became the first court anywhere to declare that a constitution protects a right of personal privacy through a constitutional command that "no person shall be deprived of ... liberty ... without due process of law."
Flase
Which of the following government actions has/have been declared unconstitutional by the Supreme Court for violating the Establishment Clause? (SELECT ALL THAT APPLY)
Government funding for private, religious school teachers' salaries. Display of the Ten Commandments at a courthouse. A high school policy that allowed students to use a public address system to (if they chose) recite prayers, even specifically Christian prayers, prior to high school football games. A state law requiring all schools in the state to allow students to voluntarily participate in reciting the following prayer: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen."
Which of the following claims is/are made in this section of the textbook? (SELECT ALL THAT APPLY)
None of these choices are correct
Which of the following forms of expression is/are protected by the First Amendment according to the Supreme Court? (SELECT ALL THAT APPLY)
Peacefully gathering in public spaces. Spending money on political advocacy. Production and sale of video games. Symbolic speech (e.g., waving a flag).
Which of the following claims is/are made about constitutional abortion rights in this section of the textbook? (SELECT ALL THAT APPLY)
Roe v. Wade (1973) established that the right to personal privacy in the Constitution is implied by the Due Process Clause of the Fourteenth Amendment. Today, due to the Planned Parenthood v. Casey (1992) decision, in the earliest stages of pregnancy, government MAY enact policies discouraging abortion so long as the government does not place an "undue burden" on a woman's decision to have an abortion. The constitutional right to decide to have an abortion is based on the idea that the Constitution protects a right of "personal privacy" in which government may not legitimately intrude.
Which of the following types of expression may, according to the Supreme Court, be restricted by government based on content without violating the First Amendment (at least under certain circumstances)? (SELECT ALL THAT APPLY)
Speech promoting, and likely to incite or produce, imminent lawless action. Fighting words. Defamation. Obscene expression. Student speech
Which of the following has the U.S. Supreme Court NOT (yet) declared to be a "search" that is protected by the Fourth Amendment?
Spying on criminal suspects using a drone.
According to the Supreme Court, under what circumstances (if any) may government restrict student speech (in public schools) without violating the First Amendment?
Student speech may be restricted ONLY IF there is good reason to believe the expression would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school."
Which of the following actors could have violated the freedom of speech protected by U.S. Constitution prior to the U.S. Civil War? (SELECT ALL THAT APPLY)
The President of the United States The U.S. Congress
Which of the following actors could violate the freedom of speech protected by the U.S. Constitution today? (SELECT ALL THAT APPLY)
The President of the United States The U.S. Congress The City of Savannah, Georgia. The Governor of Georgia
Which of the following claims is/are made in this section of the textbook? (SELECT ALL THAT APPLY)
The Supreme Court has held that the First Amendment allows government to regulate expression if the regulation is "content-neutral," is "reasonable," and is not directed at any particular speaker or message. A baseline rule established by the U.S. Supreme Court is that the First Amendment forbids government from restricting expression simply because government (or a majority of citizens) disapproves of the content of the message it conveys, especially if the message expresses a political viewpoint.
Which of the following claims is/are made in this section about the role of federal courts (including the U.S. Supreme Court) in the enforcement of civil liberties? (SELECT ALL THAT APPLY)
The U.S. Supreme Court has incorporated most of the civil liberties in the Bill of Rights through the Due Process Clause of the Fourteenth Amendment. The U.S. Supreme Court has interpreted the Privileges and Immunities Clause of the Fourteenth Amendment much more narrowly than its author, John Bingham, intended. Since the Fourteenth Amendment made the U.S. Constitution a source of civil liberties binding upon state governments, anyone who thinks a state (or local) government has violated a civil liberty can sue that government in federal court in order to try to get that government's action declared unconstitutional.
Which of the following claims is/are made in this section of the textbook? (SELECT ALL THAT APPLY)
The United States is known for providing greater protection for free expression than most other countries around the world. The Supreme Court has incorporated the freedom of expression through the Due Process Clause of the Fourteenth Amendment. Fourteenth Amendment.
Which of the following is NOT a part of the Lemon Test (for determining whether or not a government policy unconstitutionally "establishes" religion) ...
The law must not have anything to do with any aspect of religion whatsoever.
Why, according to the brief discussion in this section of the textbook, does "nearly everyone agree that it is a good thing that the Constitution protects the freedom of expression against government infringement"? (SELECT ALL THAT APPLY)
The people cannot exert effective control over the government if the government is permitted to punish individuals for criticizing the government and/or raising awareness about what government does. The First Amendment's protections of free expression are designed to protect the freedom of thought and of debate from the stultifying effects of government censorship.
David Defamer is a journalist for a tabloid magazine. He writes an article claiming that Donald Trump's parents were members of the Nazi Party and that Trump's great grandfather was a founding member of the Ku Klux Klan. Neither of these statements are true, but they are widely quoted and believed, thus harming Trump's reputation in the eyes of many. Trump decides to sue David Defamer for libel. What must Trump prove in order to win his libel suit against David Defamer? (SELECT ALL THAT APPLY)
Trump must prove that David Defamer knew the statements were false or that he demonstrated "reckless disregard for the truth" when he wrote them. Trump must prove that David Defamer's written statements are false. Trump must prove that David Defamer's written statements harmed Trump's reputation..
Which of the following is/are true about "incorporation" and/or "unenumerated constitutional rights"? (SELECT ALL THAT APPLY)
Unenumerated constitutional rights are nowhere explicitly mentioned anywhere in the text of the Constitution. "Incorporation" refers to when the U.S. Supreme Court holds that a civil liberty from the Bill of Rights applies to state governments through the Due Process Clause of the Fourteenth Amendment. The Fourteenth Amendment Due Process Clause is central to both incorporation and unenumerated constitutional rights.
Unenumerated constitutional rights are ... (SELECT ALL THAT APPLY)
a topic of disagreement in the ideological conflict known as the "Culture War." widely understood to be implicitly protected by the Due Process Clause of the Fourteenth Amendment. said to be implied by the Constitution.
Conservatives tend to ... (SELECT ALL THAT APPLY)
accept a role for religion in government policy so long as government does not force anyone to participate in religious activities against their will and does not endorse or promote one religion over another.
The U.S. Supreme Court ... (SELECT ALL THAT APPLY)
did not incorporate the Second Amendment into the Due Process Clause of the 14th Amendment until the 21st century. did not declare that the Second Amendment protects an individual right to own and carry guns for self-defense until the 21st century.
The U.S. Supreme Court case Gideon v. Wainwright (1963) ... (SELECT ALL THAT APPLY)
established that the Sixth Amendment requires government to provide an attorney to any criminal defendant who requests an attorney but cannot afford one. is the reason why state governments now directly employ over 15,000 Public Defenders who each year provide legal counsel to millions of criminal defendants who cannot afford to hire their own attorneys.
According to this section of the textbook, the right against self-incrimination ... (SELECT ALL THAT APPLY)
guarantees that criminal suspects may refuse to answer questions from police after being arrested. guarantees that if a criminal defendant chooses to not to testify against oneself at trial, jurors may not consider the refusal to testify as evidence of the defendants' guilt. guarantees that any defendant standing trial for a crime may choose to not take the stand to testify and may refuse to answer questions if he or she does take the stand.
Miranda v. Arizona (1966) ...
held that if a criminal suspect does not intentionally waive his or her right to remain silent (after being fully informed about the right), then any statements made by the suspect may not be used against him or her at trial. established that criminal suspects at the time of arrest must be told that they have a right to remain silent and to be warned that anything they say could be used against them in court.
The "exclusionary rule" ... (SELECT ALL THAT APPLY)
holds that if government seizes evidence through an unconstitutional search, then the evidence may not be admitted into court. became required for all criminal prosecutions in the land (i.e., not only federal prosecutions) in the case Mapp v. Ohio (1961).
According to the U.S. Supreme Court (and/or widespread agreement), under which of the following circumstances is a punishment "cruel and unusual" and, thus, in violation of the Eighth Amendment? (SELECT ALL THAT APPLY)
if capital punishment is inflicted on someone who is mentally ill. if capital punishment is inflicted on a convicted murderer who was under 18-years-old at the time the murder was committed. if the punishment involves burning someone at the stake. if capital punishment is inflicted on someone guilty of a crime that did not result in the death of the crime's victim.
When it comes to religious freedom, "strict scrutiny review" ... (SELECT ALL THAT APPLY)
is applied today by courts when applying the Religious Freedom Restoration Act, which requires the federal government to exempt persons from laws and regulations that have the effect of interfering with such persons' free exercise of religion unless such interference can withstand strict scrutiny. requires that a government action that interferes with religious practice be ruled unlawful unless (1) the government interference with religious practice is the result of pursuing a "compelling government interest," and (2) there was no other effective way to pursue the compelling government interest that would have placed less of a burden on the free exercise of religion. is the second phase of the Sherbert Test.
The Miller Test ... (SELECT ALL THAT APPLY)
is used by courts when deciding whether a form of expression is obscene and, therefore, may be regulated without violating the First Amendment
When it comes to the Eighth Amendment, conservatives are more likely than liberals to think ... (SELECT ALL THAT APPLY)
only the specific punishments that the Founding Fathers considered "cruel and unusual" should be considered cruel and unusual today.
The Belief-Action Distinction ... (SELECT ALL THAT APPLY)
refers to the Supreme Court's early (and now abandoned) doctrine that held the Free Exercise Clause only protects the freedom of religious belief and does NOT protect the freedom to behave or act according to religious beliefs. refers to the Supreme Court's doctrine that informed its interpretation of the Free Exercise Clause from the late 1870s until the early 1960s.
Liberals tend to ... (SELECT ALL THAT APPLY)
reject the idea that the Second Amendment provides a constitutional right for individuals to own guns for self-defense. think the Second Amendment is only concerned with arming a "well regulated Militia." favor greater gun control (and less protection for gun rights) than do conservatives.
The Sherbert Test ... (SELECT ALL THAT APPLY)
replaced the Belief-Action Distinction as the Court s primary approach to deciding Free Exercise Clause cases. has two phases. became the Court's primary approach to deciding Free Exercise Clause cases in the early 1960s. was (temporarily) abandoned by the Court in the early 1990s when it decided that the Free Exercise Clause requires strict scrutiny review only if a law in question is not neutral toward religions and does not aim at restricting religious practice. requires the application of strict scrutiny review if it is shown that (1) a person has a claim involving a sincere religious belief, and (2) the government action in question is an actual burden on the person s ability to act on that belief.
The Free Exercise Clause ... (SELECT ALL THAT APPLY)
says "Congress shall make no law ... prohibiting the free exercise [of religion]." is a part of the First Amendment.
According to the Supreme Court ... (SELECT ALL THAT APPLY)
the Sixth Amendment right to a speedy trial means that charges against a defendant must be dropped if there is too long of a delay before trial. the Sixth Amendment right to an impartial jury requires the pool of prospective jurors be drawn at random so that the pool comes close to reflecting the demographic composition of the community from which it is drawn. the Sixth Amendment right to an impartial jury only applies for criminal charges carrying either the death penalty or a maximum sentence of more than six months. there is too long of a delay before trial.
According to Justice Brennan in the Texas flag-burning case, "If there is a bedrock principle underlying the First Amendment, it is that ...
the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."
Liberals tend to ... (SELECT ALL THAT APPLY)
think the Establishment Clause requires a strict separation of church and state. be supportive of the Lemon Test.
The Establishment Clause ... (SELECT ALL THAT APPLY)
was originally intended in part to allow state governments to establish their own religions without interference by the federal government. says "Congress shall make no law respecting an establishment of religion."
