Political Science Cengage chapter 4

How many amendments to the Constitution comprise the Bill of Rights?

10

How many states have eliminated the death penalty?

19

In which of the following circumstances are police legally searching a person or place without a search warrant?

A driver is stopped by police at a roadblock set up on a highway on New Year's Eve.

The Supreme Court rejected the use of the right to privacy to strike down laws that ban more than two unrelated unmarried people from living together in the same house or apartment and held that states have what type of interest in passing land use legislation?

A legitimate interest

Which of the following is not an acceptable reason for challenging the seating of a potential juror?

A peremptory challenge based on the race of the potential juror

Which of the following statements is an example of limits on the First Amendment guarantee of freedom of speech, according to a statement by Supreme Court Justice Oliver Wendell Holmes?

A person may not yell "fire" in a crowded theater, if the warning is untrue.

Which of the following examples of free speech is NOT subject to prohibition or limitation by law?

A politician makes a campaign speech in which an opposing candidate is called a thief and a liar.

Which of the following situations is protected by the right to free association?

A private organization, such as the Ku Klux Klan, has the right to exclude African Americans because of its expressed belief in racial segregation. Although this belief is offensive to the majority of Americans, the right to assemble with others to promote this shared purpose is protected. However, the Klan does not have the right to assemble for a cross-burning ceremony on the property of African Americans because doing so threatens the safety of the African Americans and violates their civil rights.

Which of the following is not considered cruel and unusual punishment according to federal law?

A sentence of life in prison without the chance of parole for a person convicted and sentenced for a third felony

Which of the following organizations is the dominant supporter of gun ownership in the United States?

NRA

Which of the following efforts by states to weaken the right to abortion is illegal?

Allowing protesters to block access to the entrance to a clinic that performs abortions

If a state law is determined to infringe on a right guaranteed by the Bill of Rights, in what court can that state law be challenged?

Federal courts determine whether a provision of the Bill of Rights must be incorporated in state laws.

Which of the following are two of the Amendments to the Constitution the Supreme Court used to establish a general right to privacy?

First and Third Amendments

Which case established a right to privacy that was later expanded to cover the right of unmarried people to use birth control?

Griswold v. Connecticut

Laws regulating the rights of private citizens to own and carry guns vary from state to state.

Gun ownership laws range from very restrictive in states such as New York and California to very lenient in states such as Texas and Florida.

What was the ruling of Lawrence v. Texas?

Homosexuals have the right to engage in sexual relationships in the privacy of their homes.

Inalienable rights are guaranteed to United States citizens but not to foreign residents or visitors.

Inalienable rights are considered so intrinsic to all people that government cannot deny them to anyone. Government has no authority to regulate civil liberties.

What does the right to a writ of habeas corpus mean?

Incarcerated individuals have the right to have a judge determine whether their imprisonment is legal.

What does the right to a writ of habeas corpus mean?

Incarcerated individuals have the right to have a judge determine whether their imprisonment is legal. Translated from Latin as "I have the body," habeas corpus means that individuals have the right to have a judge determine whether they are legally being imprisoned.

The clear and present danger test is based on an opinion written by ________.

Justice Oliver Wendell Holmes

Which case held that "the liberty protected by the Constitution allows homosexual persons the right to choose to enter upon relationships in the confines of their homes and their own private lives"?

Lawrence v. Texas

Which of the following statements about the opening clause of the Second Amendment, "A well regulated Militia, being necessary to the security of a free State" is FALSE.

Militias have been responsible for the defense of state and local communities from the founding of the United States to the present, making the right of citizens to bear arms essential to national defense.

Which of the following ideas has NOT been proposed for protection of schools against mass shootings?

No suggestion has been made to ban gun ownership by private citizens because such a measure would be unconstitutional. However, gun control advocates and gun ownership advocates both favor measures to prevent people with mental illness from owning guns, but neither side considers such measures to be a complete solution. The two sides strongly disagree on the advisability of allowing arms within schools.

Which of the following is NOT an argument commonly made by gun control advocates?

Only law enforcement and military personnel should be allowed to own guns.

In which of the following states is physician-assisted suicide permitted?

Oregon

Who did the Supreme Court determine has a constitutional right to terminate life-sustaining care, such as an artificial feeding or insertion of breathing tubes?

People who make their wishes clearly known

Which of the following religious practices can be forbidden by law?

Polygamy, if the state has determined it has a legitimate nonreligious interest in preventing this practice

Which of the following is NOT a protection of the right to the free practice of one's religion guaranteed by the First Amendment?

Protection from proselytizing of members of one religion by members of another religion

Which of the following rules on college campuses have NOT involved controversy about violation of free speech?

Requiring prerequisite courses before taking an intermediate or advance level course

Which of the following provisions of the Bill of Rights is NOT included in the First Amendment?

Right to a jury trial in civil cases

Which of the following forms of symbolic speech can be prohibited?

Symbolic speech that simply expresses an opinion is protected, but burning a draft card has the consequence of preventing the smooth running of the draft. Draft-card burning was a form of protest against the Vietnam War, but even since military service became voluntary, the federal government retains the right to reinstate the draft.

Which use of taxpayer funding for religious schools is NOT permitted by the establishment clause?

Teacher salaries

Which use of taxpayer funding for religious schools is NOT permitted by the establishment clause?

Teacher salaries: Public funding for religious schools is permissible for purchases of goods and services that have exclusively secular purposes. Teacher salaries cannot be included in the use of public funds.

A person who has been found guilty of a capital crime and exhausted all appeals may not legally be executed even if new evidence casts doubt on the verdict.

The Constitution does not grant the reversal of a guilty verdict that has been reached legally. However, compelling evidence of the convict's innocence may convince a governor or president to grant clemency or a pardon.

Which amendments in the Bill for Rights address issues concerning the rights of the accused?

The Fourth, Fifth, Sixth, and Eighth Amendments

Which amendments in the Bill for Rights address issues concerning the rights of the accused

The Fourth, Fifth, Sixth, and Eighth Amendments:The Fourth Amendment forbids unreasonable search and seizure of criminal suspects or their homes, papers, and effects and requires a warrant showing probable cause for search and seizure. The Fifth Amendment includes the right to remain silent when interrogated, the right not to incriminate oneself, and protection from double jeopardy. The Sixth Amendment promises the right to a speedy, public trial. The Eighth Amendment provides protection against excessive bail.

In 2010, the Supreme Court issued an opinion that the right of citizens to own guns for their self-defense was incorporated in the Second Amendment.

The decision of the Supreme Court that the right to own guns for self-defense was a narrow one, with the five conservative judges voting in favor and the four liberal justices dissenting.

Under which circumstance can a criminal case be retried without violating the protection of the defendant against double jeopardy?

The jury cannot reach a verdict.

What are Miranda rights?

The right of a person being arrested to remain silent; to be told that anything said may be held against him or her; and to have an attorney, who will be provided for free if the person cannot afford to pay for an attorney's services

What did the Comstock Laws prohibit?

The use of birth control by married and unmarried couples

The expression "separation between church and state" to describe the establishment clause is attributed to ________.

Thomas Jefferson

As of 2018, federal law does not ban private ownership of assault rifles because ________.

a 1994 law banning private ownership of assault weapons was allowed to expire in 2004

Which national right did Roe v. Wade establish?

abortion

Sandy Hook is the name of ________.

an elementary school in Connecticut where 20 students and six adults were murdered by a mentally ill gunman

People in favor of gun ownership by private citizens generally believe that ________.

background checks should not apply to private sales of guns between individuals

The Ninth Amendment supports a right to privacy because it ________.

does not limit the rights of the people to those specifically listed in the Constitution

A person who has been found guilty of a capital crime and exhausted all appeals may not legally be executed even if new evidence casts doubt on the verdict.

false

Employees at any level of government (federal, state, or local) may not wear symbols of their religion to work.

false

The right to privacy is granted in the Eighth Amendment.

false

Libel is the publication of ________.

false and damaging information about an individual

The Fifth Amendment protects a person from ________.

having to testify against him- or herself in court

In the 1973 Roe v. Wade decision, the Court declared that the states had ________.

no interest in regulating or preventing abortion in the first trimester of a pregnancy

In Roe v. Wade, the Court decided that the state had ________ interest in regulating or preventing ________.

no, abortion in the first trimester

Regarding prayer in public schools, ________ is allowed by the First Amendment.

private prayer by students on school premises

In Cruzan v. Director, Missouri Department of Health, the Court ruled that the right to privacy allowed the removal of life-sustaining equipment from a terminally ill, comatose patient if ________.

requested by a family member or guardian and if there was clear evidence that this was the wish of the patient

In reconsidering Roe v. Wade in 1992, the Court decided that ________ would put an undue burden on a woman seeking an abortion.

required spousal consent

The criteria by which the Supreme Court decides whether a law violates the establishment clause are enumerated in ________.

the Lemon test

The Sedition Act of 1798 made it illegal to "write, print, utter, or publish" criticism of _________.

the federal government, including both the president and Congress

The establishment clause of the First Amendment states that ________.

the government may not declare any particular religion to be the official religion of the United States

Hate speech makes derogatory remarks about groups of people based on ________.

their common demographic characteristics, such as race or religion

Although many constitutional provisions bear on privacy, such as search and seizure, self-incrimination, and First Amendment freedoms, none explicitly grants a general right to privacy

true

Before the Bill of Rights became part of the Constitution, some states granted preferences to the practice of particular religions.

true

Defendants cannot be compelled to testify at their trials.

true

During the Cold War, Senator Joseph McCarthy of Wisconsin conducted hearings where he accused many Americans of being members or supporters of the Communist Party and spies for the Soviet Union.

true

Freedom of the press applies to blogs and Internet websites of individuals, as well as to newspapers, magazines, and radio and television broadcasts.

true

In 2007, the Court upheld a 2003 federal law banning partial-birth abortion.

true

In 2010, the Supreme Court issued an opinion that the right of citizens to own guns for their self-defense was incorporated in the Second Amendment.

true

Not all pornography is considered obscene.

true