Government Chapter 4

double jeopardy and Self incremination are examples of which Amendment

Fifth

Speech, Assembly, and religion are examples of which Amendment

First

search and seizure are examples of which Amendment

Fourth

The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right

Free Speech

The First Amendment of the U.S. Constitution reflects the principles of the _____ such that it protects religious freedom as well as political expression.

Act of Toleration

test devised by the Supreme Court in 1919 to define the limits of free speech in the context of national security

Clear and Present Danger Test

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

Which of the following is true of the U.S. Supreme Court ruling in Roe v. Wade?

It gave women full freedom to choose abortion during the first three months of pregnancy.

How did Congress react when the former Confederate states (except Tennessee) refused to ratify the Fourteenth Amendment?

It placed the states under military rule until they agreed to do so.

In the context of the District of Columbia v. Heller decision, which of the following is true of the Second Amendment?

It protects an individual right to possess a firearm unconnected with service in a militia.

Identify the U.S. Supreme Court ruling that upheld government policies that would not be permitted in peacetime, such as the forced relocation of Japanese Americans living on the West Coast to detention camps in Arizona, Utah, and other inland locations.

Korematsu v. United States

The Court extended the protections of privacy to relationships between gays and lesbians in 2002's ________decision. The Court ruled that the right to maintain close human relationships, known as __________ , rendered laws prohibiting gay and lesbian sex unconstitutional. The protection extended to sexual relations that were consensual and ______

Lawrence v. Texas, intimate associations, in the home

publication of false material that damages a person's reputation

Libel

A right to privacy is mentioned ____________ the Constitution. In 1965, the Supreme Court ruled in the case ______________ that a right to privacy protects _________________The court ruled that this right is ______________

No Where, Griswold v. Connecticut, couples using contraception, implied in the Bill of Rights

Eighth Amendment

No cruel and unusual punishment

Third Amendment

No quartering of soldiers

Like all other rights, the right of free expression is

Not absolute

government prohibition of speech or publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming

Prior Restraint

Fourth Amendment

Protects against unreasonable search and seizure

According to the Supreme Court, which of the following is true regarding freedom of assembly?

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

Sixth Amendment

Right to a fair trial and counsel

Second Amendment

Right to bear arms

Seventh Amendment

Right to trial by jury

In 1973, the Court extended the debate over privacy to the divisive issue of abortion in its decision in ______________ Since then, the Court has upheld some restrictions on abortion, such as ________________, while striking down others, like __________.

Roe v. Wade, mandatory counseling, spousal notification

prompt and reasonable proceedings and Counsel are examples of which Amendment

Sixth

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

Slander

spoken falsehoods that damage a person's reputation

Slander

In Mapp v. Ohio, the Supreme Court extended the constitutional protection against unreasonable search and seizure to action by the _______________ government.

State

action (for example, the waving or burning of a flag) for the purpose of expressing a political opinion

Symbolic Speech

_____ was created to transform the abstract idea that individuals have inalienable rights to life, liberty, and happiness into a set of specified constitutional rights.

The Bill of Rights

The Supreme Court decision in Schenck v. United States established which principle?

The federal government can restrict free expression but it does not have unlimited authority to do so.

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Which of the following acts was passed by Congress after the September 11 terrorist attacks in order to lower the standard for judicial approval of wiretapping when terrorist activity was at issue?

USA Patriot Act

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 state prison inmate

Which of the following is the doctrine that allows government to aid religious activity if no preference is shown toward a particular religion and if the assistance is of a nonreligious nature?

accommodation doctrine

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

Due Process Clause

clause of the Constitution that has been used by the judiciary to apply Bill of Rights protections to the actions of state governments

Procedural Due Process

constitutional requirement that government must follow proper legal procedures before a person can be legitimately punished for an alleged offense

In Mapp v. Ohio, the selective incorporation process was extended to include

criminal proceedings in the states.

The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as

due process protections.

government may not favor one religion over another or favor religion over no religion, and Congress may pass no laws to this effect

establishment clause

The establishment clause prohibits government from

favoring one religion over another or supporting religion over no religion

Bill of Rights

first 10 amendments to the Constitution, which set forth basic protections for individual rights of free expression, a fair trial, and property

prohibits the government from interfering with the practice of religion

free exercise clause

The _____ clause has been interpreted to mean that Americans are allowed to hold religious beliefs of their choosing.

free-exercise

The Fourteenth Amendment protects _______ from state action meant to deprive an individual of that right.

freedom of speech the right to remain silent due process rights the right to legal counsel

Civil Liberties

fundamental individual rights of a free society, such as freedom of speech and the right to a jury trial, which in the United States are protected by the Bill of Rights

Fifth Amendment

guarantee of grand jury and due process

a legal test designed to prevent government from suppressing speech unless it both incites people to break the law and very likely will produce immediate action

imminent Lawless action Test

The barrier to restrict speech established in Brandenburg v. Ohio is best described as

imposing.

Among the following, who is most protective of individual rights?

judges

In 2016, the Supreme Court extended the ban on life-without-parole to which of the following groups?

juveniles convicted before the ban was established

exclusionary rule

legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means (for example, illegal search and seizure)

used to determine whether a law relating to religion is valid

lemon test

The Sedition Act of 1798

made it a crime to publish stories that were harshly critical of the president.

The Partial-Birth Abortion Act is a restriction on an individual's right to

privacy.

selective incorporation

process by which certain of the rights contained in the Bill of Rights become applicable through the Fourteenth Amendment to actions by the state governments

Which of the following is provided by the Fifth Amendment in the Bill of Rights?

protection against self-incrimination and double jeopardy

n the context of the rights of persons accused of crimes, the Fourth Amendment

protects individuals against arbitrary police action.

In Gitlow v. New York, the Supreme Court ruled that the Bill of Right

protects individuals from actions by state governments as well as the federal government.

The Miranda warning

served to protect poor and uneducated suspects who are unaware of their rights at the time of arrest.

Ninth Amendment

states that people's rights are not limited to just those listed in the Constitution.

Which amendment is most responsible for protecting citizens' rights from intrusion by state governments?

the Fourteenth

In the process of selective incorporation, which is the amendment that the Supreme Court relies on to apply most, but not all, of the provisions of the Bill of Rights to actions by the state governments? Multiple choice question.

the Fourteenth Amendment

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

the Miranda warning.

According to the Supreme Court, faculty-led prayer in public schools violates

the establishment clause.

In Brandenburg v. Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions? Multiple choice question.

the imminent lawless action test

selective incorporation

the process by which, over time, the Supreme Court applied to the states those freedoms that served some fundamental principle of liberty or justice

Before the 2008 District of Columbia v. Heller ruling, most people could agree only that the Second Amendment protected

the right of the states to keep militias

in Bowers v. Hardwick (1986), the Supreme Court justices determined that

the right to privacy did not extend to consensual sexual relations among adults of the same sex.

total incorporation

the theory that the Fourteenth Amendment's due process clause requires the states to uphold all freedoms in the Bill of Rights; rejected by the Supreme Court

In Hamdan v. Rumsfeld (2006), the U.S. Supreme Court ruled that the use of secret military tribunals to try detainees were unlawful because

they did not provide even minimal protections of detainees' rights.

Americans' freedom to communicate their views, the foundation of which is the First Amendment rights of freedom of conscience, speech, press, assembly, and petition

Freedom of Expression

First Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

Under which of the following Supreme Court cases did part of the Bill of Rights first become incorporated to apply to actions by the states?

Gitlow v. New York