Ch. 4 and 5

Beginning with the case of ______ in 1925, the Supreme Court began to rule that the Bill of Rights applied directly to the states, as well as to the national government. A. Gitlow v. New York B. Miranda v. Arizona C. Engel v. Vitale D. Barron v. Baltimore E. United States v. Bill of Rights

A. Gitlow v. New York

The Supreme Court's 1991 ruling that coerced confession introduced during a trail does not automatically taint a conviction if it is a "harmless error" is an example of the Court's recent willingness to make exceptions to the requirements of A. Miranda rights B. the right to privacy C. cruel and unusual punishment D. habeas corpus E. the exclusionary rule

A. Miranda rights

In the Lemon v. Kurtzman decision of 1971, the Supreme Court ruled that A. aid to church-related schools must be for secular purposes only and cannot be used to advance or inhibit religion B. aid to church-related schools is fully constitutional and can be used for any purposes needed by the schools C. any aid of any sort to church-related schools is not constitutional because it violates church-state separation. D. spoken prayers in public schools were unconstitutional E. devotional bible reading in public schools was unconstitutional

A. aid to church-related schools must be for secular purposes only and cannot be used to advance or inhibit religion

De jure educational segregation occurs A. by law B. by forced school busing to integrate races C. by constitutional amendment D. from day-to-day depending on changing enrollments at a particular school E. by the reality of neighborhood schools located in areas that happen to be racially segregated.

A. by law

The abridgment of citizens' freedom to worship, or not to worship, as they please is prohibited by the A. free exercise clause B. full faith and credit clause C. due process clause D. establishment clause E. privileges and immunitites clause

A. free exercise clause

In Roth v. United States, the Supreme Court held that A. obscenity is not within the area of constitutionally protected free speech. B. outdoor drive-ins could not be barred from showing a film that included nudity. C. the possession of child pornography was not covered by any right to free speech or press, and could be made a crime. D. the government cannot prohibit discrimination against women priests by churches because it would violate the free exercise of religion. E. the film Carnal Knowledge, which had critical acclaim but a sexual theme and explicit scenes, could not be banned.

A. obscenity is not within the area of constitutionally protected free speech

In _____, the supreme court ruled that any arbitrary sex-based classification violated the equal protection clause A. reed v. reed B. swann v. carlotte-mecklenberg county schools C. dred scott v. sandford D. regents of the university of california v. bakke E. roe v. wade

A. reed v. reed

In the case of New York Times V. Sullivan (1964), the Supreme Court ruled that A. statements made about political figures are libelous only if made with malice and reckless disregard for the truth. B. the Pentagon papers could be legally published despite the government's desire to keep the material secret. C. government officials cannot sue newspapers for libel since this would entail prior restraint of the press D. statements made about political figures, however malicious, can never be deemed libelous. E. the publication of the Pentagon papers could be legal barred as a matter of national security.

A. statements made about political figures are libelous only if made with malice and reckless disregard for the truth.

In Miami Herald Publishing Company v. Tornillo (1974), the Court A. voided a Florida state law requiring newspapers to provide space for political candidates to reply to newspaper criticism. B. upheld a Florida state law requiring newspapers to provide space for political candidates to reply to newspaper criticism. C. ruled that newspapers were prohibited from printing stories that criticized political candidates. D. ruled that print media would be subject to a lower standard of constitutional review than broadcast media E. ruled that political candidates' rights to free speech required newspapers to grant them space to communicate with voters

A. voided a Florida state law requiring newspapers to provide space for political candidates to reply to newspaper criticism.

In the case of _____, the Supreme Court ruled that the protection against unreasonable search and seizure applied to the state and local governments, as well as the national government, thus nationalizing the exclusionary rule. A. Miranda v. Arizona B. Mapp v. Ohio C. Roth v. United States D. United States v. New York E. Gideon v. Wainwright

B. Mapp v. Ohio

In the case of Schneck v. United States in 1919, Justice Holmes declared that government can limit speech if that speech provokes A. public demonstration in opposition to the government B. a clear and present danger C. obscenity D. prior restraint E. libel

B. a clear and present danger

State laws that restrict the right to vote to people over the age of 18 are an example of A. an arbitrary classification under the supreme court's standards of classification B. a permissible basis for discrimination under the supreme court's standard of classification C. an inherently suspect classification under the Supreme court's standards of classification D. an intermediate classification under the supreme court's standards of classification. E. none of these are true.

B. a permissible basis for discrimination under the supreme court's standard of classification

The Rehabilitation Act of 1973 A increased the amount of financial aid to people with disabilities B. added people with disabilities to the list of Americans protected from discrimination C. entitles all children to a free public education appropriate to their needs D. prohibits employment discrimination against people with disabilities E. guaranteed free, lifetime medical care and physical therapy for Vietnam War veterans

B. added people with disabilities to the list of Americans protected from discrimination

De facto educational segregation occurs A. by forced school busing to separate the races B. by the reality of neighborhood schools located in areas that happen to be racially segregated. C. when segregated classrooms occur within an integrated school D. by forced school busing to integrate races E. by law

B. by the reality of neighborhood schools located in areas that happen to be racially segregated.

Which of the following statements about civil rights and the scope of government is FALSE? A. increased government activity in protecting basic rights can lead to greater checks on government by those who benefit from these protections B. civil rights laws tend to decrease the scope and power of government C. equality tends to favor majority rule D. civil rights laws regulate the behavior of individuals and institutions E. current civil rights laws do not conform to the eighteenth-century understanding of limited government.

B. civil rights laws tend to decrease the scope and power of government

In Dred Scott v. Sandford (1857), Chief Justice Taney declared that A. the importation of slaves into the united states was illegal, but slavery itself was not B. congress had no authority to ban slavery C. a slave who had escaped to a free state became a free man D. slavery can be practiced in the so-called free states. E. slavery is inherently unconstitutionaly

B. congress had no authority to ban slavery

"Comparable worth" refers to the issue of A. government subsidization of women who choose to work at home B. denying women equivalent salaries o men for jobs requiring similar skills C. reduced work responsibilities for female workers with children D. the inherent dignity and equality of women with men E. equal voting rights and access to public office for women

B. denying women equivalent salaries o men for jobs requiring similar skills

The white primary A. denied black the right to run for office in primary elections in the South B. excluded blacks form primary elections, thus depriving them of a voice in the real electoral contests in the South C. denied black the right to vote in all southern elections D. allowed blacks to vote only in Republican primaries in the heavily Democratic south E. was the examination voters had to pass before being allowed to vote, designed to prevent blacks from voting because they had been denied educational opportunities

B. excluded blacks form primary elections, thus depriving them of a voice in the real electoral contests in the South

The courts have recently ruled that, under the Fourteenth Amendment, racial and ethnic classifications by states in regard to any matter are A. reasonable B. inherently suspect C. arbitrary but usually reasonable D. unconstitutional E. not the proper business of the federal courts to consider but are up to the states individually

B. inherently suspect

In the Engel v. Vitale case of 1962, the Supreme Court ruled that _____ was (were) unconstitutional A. police search or seizure without and authorized warrant B. prayers done as classroom exercises in public schools C. prior restraint D. the Connecticut statute barring the distribution of birth control information E. segregation

B. prayers done as classroom exercises in public schools

The u.s. supreme court had handed down each of the following decisions concerning gender discrimination in employment and business activity except A. voiding laws and rules barring women from jobs through arbitrary height and weight requirements B. requiring the federal government to give women equal pay for jobs comparable worth. C. prohibiting gender discrimination in private business and service clubs D. protecting women from being required to take mandatory pregnancy leaves from their jobs E. none of the above; the court has handed down each of these decisions

B. requiring the federal government to give women equal pay for jobs comparable worth.

The language of the First Amendment, "Congress shall make no law", suggests that the Bill of Rights was written to A. restrict the powers of the state governments B. restrict the powers of the national government C. restrict the powers of both the national and state governments D. enlarge the powers of the national government E. enlarge the powers of the state governments

B. restrict the powers of the national government

The two clauses of the First Amendment regarding religion and government are commonly referred to as A. the free exercise clause and the necessary and proper clause B. the establishment clause and the free exercise clause C. the due process clause and the free exercise clause D. the due process clause and the establishment clause E. the establishment clause and the necessary and proper clause

B. the establishment clause and the free exercise clause

In the case of Plessy v. Ferguson, A. school busing was allowed to remedy racial segregation B. the principle of "separate but equal" was used to justify segregation C. housing discrimination was forbidden D. U.S. citizenship and all rights that go with it were granted to former slaves. E. the principle of "separate but equal" was overturned

B. the principle of "separate but equal" was used to justify segregation

In its Near v. Minnesota decision of 1931, the Supreme Court ruled that A. states were prohibited from publishing newspapers because that amounted to government censorship of the press and constituted the establishment of a government monopoly. B. the state government could not use prior restraint to shut down and outspoken newspaper. C. states had the power to use prior restraint broadly, but the national government did not. D. a school newspaper was not a public forum and could be regulated "in any reasonable manner" by school officials. E. a CIA agent could not publish a personal memoir without clearing it through the agency.

B. the state government could not use prior restraint to shut down and outspoken newspaper.

Incorporation is the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the due process clause of the ______ Amendment. A. Fifteenth B. First C. Fourteenth D. Tenth E. Second

C. Fourteenth

The "grandfather clause" was passed by Oklahoma and other southern states to A. distribute land to former slaves on the basis of how many generations they had served on a particular plantation B. exclude black s from having the right to vote in primary elections, though they could vote in general elections C. deny African Americans the right to vote D. guarantee the equal rights of senior citizens in employment E. deny land to anyone whose grandfathers were not white

C. deny African Americans the right to vote

Which amendment reads, "The right of citizens to vote shall not be abridged by the United States or by any state on account of race, color, or previous condition of servitude"? A. sixteenth B. thirteenth C. fifteenth D. fourteenth E. twentieth

C. fifteenth

What are the three levels of scrutiny used by the Supreme Court to discover whether discrimination is permissible? A. arguably discriminatory, reasonable analysis, and negligent B. suspect, inherently suspect, and the intermediate standard C. reasonableness, inherently suspect, and the intermediate standard D. reasonableness, inherently suspect, and grossly discriminatory E. negligent, arguably discriminatory, and reasonable

C. reasonableness, inherently suspect, and the intermediate standard

In Brown v. Board of Education (1954), the Supreme Court A. ruled that the visible signs of education were substantially equal between black schools and white ones B. ordered the Topeka school district to spend more money on black schools C. ruled that school segregation was inherently unequal D. enunciated the principle of equal but separate E. enunciated the principle of separate but equal

C. ruled that school segregation was inherently unequal

Which of the following statements regarding the death penalty is NOT true? A. Most Americans support the death penalty B. the European Union prohibits the death penalty in member countries C. the Supreme Court has made it easier for death row prisoners to file petitions to delay and appeal their executions D. there is evidence that racism plays a role in whites' support of he death penalty E. the Courts have made it easier for prosecutors to exclude from juries jurors who oppose the death penalty

C. the Supreme Court has made it easier for death row prisoners to file petitions to delay and appeal their executions

The Bill of Rights was adopted primarily in response to A. Shay's Rebellion B. the Spanish Inquisition C. the abuses committed by the U.S. Continental Army during the Revolutionary War D. The horrors of the French Revolution E. British abuses of the colonists' civil liberties

E. British abuses of the colonists' civil liberties

In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that A. the Geneva Convention does not apply because the "enemy combatants" are not soldiers in a recognized army B. the president has "inherent power" to fight the war on terror as he sees fit. Therefore, the president can establish judicial procedures on his own. C. the procedures for trying prisoners at Guantanamo Bay, Cuba, were insufficient for ensuring a fair trial D. terrorists are not entitled to protection by the Bill of Rights E. all of the above are true

C. the procedures for trying prisoners at Guantanamo Bay, Cuba, were insufficient for ensuring a fair trial

In the case of Korematsu v. United States, the Supreme Court A. ruled just prior to World War II that Japanese Americans living in the united states had to be repatriated to Japan B. ruled that restrictions on Japanese ownership of land in the united states were unconstitutional C. upheld the constitutionality of the removal of Japanese Americans from the West Coast and their placement in internment camps during World War II D. ruled that the removal of Japanese Americans from the West Coast and their placement in internment camps during World War II was barbaric and unconstitutional E. upheld the constitutionality of the United States atomic bombing of Hiroshima and Nagasaki

C. upheld the constitutionality of the removal of Japanese Americans from the West Coast and their placement in internment camps during World War II

In Dennis v. United States, the Supreme Court A. overturned the federal law against burning or desecrating the American flag, arguing that it violated free speech. B. ruled that burning a draft card was not covered under free speech. C. upheld the convictions of Communist Party officials who had been sent to prison because of their beliefs. D. overturned the convictions of Communist Party officials who had been sent to prison because of their beliefs. E. upheld the federal law banning the Nazi party in the United States and prohibiting its activities.

C. upheld the convictions of Communist Party officials who had been sent to prison because of their beliefs.

The agency created by the 1964 Civil Rights Act and charged with monitoring and enforcing protections against job discrimination is the A. Voting Rights Commission B. Federal Trade Commission C. Federal Communication Commission D. Equal Employment Opportunity Commission E. National Bar Association

D. Equal Employment Opportunity Commission

Which of the following is a form of symbolic speech? A. parades B. wearing an armband C. burning the American flag D. all of these are forms of symbolic speech E. none of these is a form of symbolic speech

D. all of these are forms of symbolic speech

In the case of Craig v. Boren, the supreme court ruled that A. sex classifications would be treated by the court as valid B. sex classifications would be treated by the courts as inherently suspect C. racial classifications were constitutional if they have a compelling, legitimate, and rational purpose. D. it would employ and "intermediate scrutiny" standard: sex discrimination would be treated as neither valid nor invalid. E. all sex classifications were unconstitutional

D. it would employ and "intermediate scrutiny" standard: sex discrimination would be treated as neither valid nor invalid.

In District of Colombia v. Heller (2008), the Supreme Court ruled that A. prohibitions on concealed weapons are unconstitutional. B. guns must be stored in a fashion that prevents their theft or children from accessing them. C. background checks for gun buyers and qualifications on the commercial sale of firearms are unconstitutional. D. the Second Amendment protects and individual right to possess a firearm unconnected to service in a militia. E. the Second Amendment only applies to the right of states to create militias.

D. the Second Amendment protects and individual right to possess a firearm unconnected to service in a militia.

Hernandez V. Texas (1954) was significant in that A. it permitted the state of Texas to exclude Hispanics from trial juries B. it refused to extend civil liberties protections to migrant workers in Texas C. the court required Arlington national cemetery to permit the burial of a Hispanic soldier D. the court extended protection from discrimination to Hispanic Americans, guaranteeing their right to a free trial E. none of these is true

D. the court extended protection from discrimination to Hispanic Americans, guaranteeing their right to a free trial

Which of the following statements about Native Americans is FALSE? A. Native americans are the oldest minority group in the United states B. native americans are the poorest minority group in the united states C. native americans are guaranteed access to the polls, housing, and to jobs D. the Indian Claims Act of 1946 established a means to settle financial disputes arising from lands taken form the native americans E. Native americans were made citizens of the united states long before African Americans received the same status.

E. Native americans were made citizens of the united states long before African Americans received the same status.

The _____ is the final interpreter of the content and scope of Americans' civil liberties. A. American Civil Liberties Union B. Congress C. Constitution D. President E. Supreme Court

E. Supreme Court

Equal protection of the laws A. means that laws cannot establish different standards for the treatment of different groups B. provide a rigid standard for constitutional interpretation C. means that states have to make their laws promote equality among persons D. is guaranteed in the original constitution E. does not deny states treating classes of citizens differently if the classification is reasonable

E. does not deny states treating classes of citizens differently if the classification is reasonable

In the case of Regents of the University of California v. Bakke, the Court A. ordered at the university of California-davis could not use race as a criterion for admission B. ruled that nursing schools cannot discriminate against men in their admissions procedures C. was united in its decision D. refused to allow the admission of Bakke to university of california-davis E. ruled that a public university could not set aside a quota of spots for particular groups

E. ruled that a public university could not set aside a quota of spots for particular groups

In Gonzales v. Carhart (2007), the Supreme Court A. ruled that "partial birth abortion" should never be permitted under any circumstances B. overturned Roe v. Wade C. overturned a 2003 law banning "partial birth abortion" because it does not make and exception to preserve the mother's health D. declared waiting periods for women seeking abortions unconstitutional E. upheld a 2003 law banning "partial birth abortion" despite the fact that it does not make an exception to preserve a mother's health

E. upheld a 2003 law banning "partial birth abortion" despite the fact that it does not make an exception to preserve a mother's health

In the 1992 case of Planned Parenthood v. Casey, the Supreme Court ruled that abortion A. must be funded by state governments when the mother cannot afford it, or it would be a violation of the equal protection clause B. funding by any level of government was unconstitutional C. restrictions could be imposed by states if they did not involve "undue burdens" on the women seeking abortions D. could be completely outlawed by individual states. E. was a fundamental right, and any restrictions on such a right had to be judged by a "strict scrutiny"

E. was a fundamental right, and any restrictions on such a right had to be judged by a "strict scrutiny"