US Government Chapter 8 Questions

Review the two categories of due process shown here, then choose the example that would represent a violation of substantive due process.

A State requires voter identification cards, but only for members of a racial minority.

Compare and Contrast: What is the difference between a grand jury and a trial jury? How does each jury protect an individual's rights?

A grand jury is different from a trial jury because a trial jury has judge or judges makes all decisions. A grand jury usually has twenty-three people that agree on the decisions.

Explain: How have Supreme Court decisions regarding slavery and involuntary servitude affected African Americans?

After the 13th Amendment ,which declared that slavery and involuntary servitude was illegal, the Supreme Court sharply narrowed the scope of federal authority in several cases. In effect, the Court held that racial discrimination against African Americans by private individuals was, in fact, allowed.

Pick the term that goes best with this definition: a foreign-born resident, or non-citizen

Alien

Identify Central Ideas: Name one way the justice system protects the rights of a person with little money who is accused of a crime.

Apply for assistance from the court to pay whatever fees they are charged with.

Pick the term that goes best with this definition: first ten amendments to the Constitution

Bill of Rights

How has the Supreme Court ruled in cases involving free exercise of religion such as those described in the table?

Both of these laws are constitutional because they protect the public good in a way that overrides the Free Exercise Clause.

Make Generalizations: Given its significant role in our country's history, do you think the right of civil disobedience is constitutionally protected?

Civil disobedience can't be constitutionally protected because the person is still breaking the laws of the United States. The laws that have been made over the years can't be broken and protected by the constitution. If someone is protesting peacefully, this is protected by the constitution. The ones who break the laws can be charged with misdemeanors or even felonies depending on the crime they have committed.

What is the general rule used by the Supreme Court when deciding if civil disobedience is a constitutionally protected right?

Civil disobedience is not protected by the First Amendment and so protestors may be charged if they break any laws.

Explain: Explain the importance of due process rights to the protection of individual rights.

Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it.

Apply Concepts: In the case Burstyn, Inc. v. Wilson, 1952, the Supreme Court voided a New York law that allowed censors to forbid the commercial showing of a motion picture that it had decided was "sacrilegious." The Court held that the law was prior restraint on freedom of speech and of the press under the 1st Amendment. What is the meaning of the phrase "based on prior restraint on freedom of speech" in this case?

During this case, the court decided the New York law was against the Constitution. In other words, because the first amendment prevents the creation of laws against freedom of speech, the act of censorship based on religious standards was a violation of the first amendment. The court thus decided to nullify the New York law. This particular case was a landmark for the decline of movie censorship.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. . . ." —1st Amendment Which statement BEST explains one meaning of the guarantees provided in this excerpt from the 1st Amendment?

Each person is free to believe as he or she wishes in religious matters.

True/False procedural due is a concept that holds that the government must create fair policies and laws

False

True/False? Alexis de Tocqueville did not travel to the United States to study the prison system.

False

True/False? Civil rights means guarantees of the safety of persons, opinions, and property from the arbitrary acts of government, including freedom of speech and freedom of religion.

False

True/False? a petition is not a citizen's right to bring his or her view to the attention of public officials by such means as written petitions, letters, lobbying, and marches

False

True/False? capital punishment is not the death penalty

False

True/False? prior restraint is an idea that government can curb ideas before they are expressed

False

Identify Central Issues: How does federalism complicate guarantees of personal rights? How do the 14th Amendment and various Supreme Court rulings address this complication?

Federalism complicates this because the national government is in charge of some things but the state governments are in charge of others. Supreme Court rulings make sure that everything is fair

Pick the term that goes with this definition: the second part of the constitutional guarantee of religious freedom; guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion

Free Exercise Clause

Identify Central Ideas: In what way do limits on the role of government protect 1st Amendment rights of petition and assembly?

Freedom of Speech

Make Predictions: California is one State that is attempting to control cyber bullying by passing laws allowing school administrators to monitor student comments on social media sites. What 1st Amendment protections is the Court likely to review if asked to consider the constitutionality of these laws?

Freedom of Speech. If the government were to decide that school administrators could monitor students' comments on social media sites, the Court would most likely have to consider whether this approach is constitutional based on the protection of freedom of speech contained in this amendment. Freedom of speech ensures that the students can say what they think on social media, without fear of punishment.

Support Ideas with Examples: Why are individual rights not absolute? Cite two examples that support your thinking and explain how that right is not absolute.

Individual rights are not absolute because they exist in society; in other words, they can not be absolute since that would cause a collision with other people's rights. For example, the right to freedom does not include the right to kill others (in this case, there would be a collision between the right to freedom and the right to life). Also, the right to freedom of expression does not include the right to insult or humiliate others.

Identify Central Issues: What does the Lemon test evaluate? How did the test originate?

It decides whether a state law amounts to an "establishment" of religion. It stems from Lemon v. Kurtzman in 1971.

What is the Miranda rule established by the Supreme Court's ruling in Miranda v. Arizona?

It is illegal to use force to make a person confess to a crime.

Generate Explanations: Why is it important that a jury reflect the racial make-up of the community?

It's important for the jury to represent the community so you do not have a one-sided idea of what is going on, also that the person may feel more comfortable with members of their community as well as someone of their same race.

The public has the responsibility to decide when people are abusing their right to free speech.

Laws banning the burning of the U.S. flag are unconstitutional because flag burning is a form of free speech.

Which of the following statements BEST summarizes the key point of this excerpt from the Supreme Court's ruling on public assemblies in the case Cox v. New Hampshire? "If a municipality has authority to control the use of its public streets for parades or processions, as it undoubtedly has, it cannot be denied authority to give consideration, without unfair discrimination, to time, place and manner in relation to the other proper uses of the streets."—Cox v. New Hampshire

Limits on public demonstrations are legal as long as they are reasonable and in the public interest.

Analyze Information: According to recent Supreme Court decisions, does the 2nd Amendment's protection of the right to keep and bear arms relate only to State militias, or also to the individual right to keep and bear arms? Give evidence to support your answer.

No, according to the Supreme Courts recent decision, the 2nd Amendments protection of the right to keep and bear arms does also include individuals and not just State militias.

Compare and Contrast: Describe arguments for and against allowing State aid to parochial schools.

Public schools pay taxes, while catholic schools pay their tuition.

Fill in the blank: __________________________ ___ _____________________ (1892-1954) was a justice of the U.S. Supreme Court from 1941 to 1954.

Robert H. Jackson

Contrast What is the difference between substantive due process and procedural due process?

Substantive due process involves determining whether a law is fair or if it violates constitutional protections. Procedural due process is the method of government action or how the law is carried out.

Compare and Contrast: Discuss the 14th Amendment and the 9th Amendment. How are they similar? How are they different?

The 14th Amendment "revised" previous amendments so they could work for the modern world while the 9th Amendment says that rights can not be denied to people. They are similar because the 14th Amendment makes sure that all amendments are fair which therefore gives everyone their rights that are promised in the 9th Amendment.

Draw Conclusions: Which constitutional provisions limit the role of government in order to guarantee the security of home and person? Explain how the provisions limit the role of government

The 4th Amendment limits the role of government in order to guarantee the security of home and person by saying that the people have the right to be secure/safe in their own home and personal belongings and cannot have their home and person searched and/or seized without probable cause.

Identify Central Issues: How does the Constitution protect the rights of individuals against government?

The Constitution protects the rights of individuals against the government by guaranteeing the civil rights and civil liberties of the American people because many of these rights and liberties are protected by laws established in the Bill of Rights and the 14th Amendment.

Evaluate Arguments: Describe the Supreme Court decision related to the Jehovah's Witnesses objection to saluting the flag.

The Court ruled that public schools could compel students—in this case, Jehovah's Witnesses—to salute the American Flag and recite the Pledge of Allegiance despite the students' religious objections to these practices. This decision led to increased persecution of Witnesses in the United States.

Check Understanding: The constitutional guarantee of religious freedom has two parts: the Establishment Clause and the Free Exercise Clause. What does each clause create or guarantee? What does each clause prohibit or NOT protect?

The Establishment Clause prevents the U.S. from creating a state or national religion, from favoring one religion over another, or entangling the government with religion. The Free Exercise Clause gives all Americans the right to practice their religion freely, without interference or persecution by the government.

Draw Conclusions: In the case Brown v. Entertainment Merchants Association, 2011, as well as other cases, the State's authority to pass laws restricting the sale or rental of violent video games to minors was challenged by the software industry. What aspects of the 1st Amendment could be argued in the software industry's favor?

The First Amendment could be argued in the software industry's favor because it gives you the freedom of speech.

Analyze Information: In the case Rutan v. Republican Party of Illinois, 1990, the Supreme Court ruled that state-employee Rutan's promotion could not be denied based on her nonsupport of the Republican party. What was the likely basis for the Court's decision?

The First Amendment was the most likely basis for the Court's decision because it protects your rights to what you believe in.

Infer: Why has the Supreme Court continued to refine the exclusionary rule?

The Supreme Court has continued to refine the exclusionary rule because the rule states that only legally obtained evidence can be used as viable evidence in court.

Interpret: How has the Court generally ruled when applying the 8th Amendment to the death penalty?

The Supreme Court has generally ruled that the death penalty is alright but must have some restrictions so they are not killing an innocent person.

What controversial Supreme Court ruling involving individual rights was triggered by events like the one shown in this photo?

The Supreme Court ruled in Korematsu v. United States that forced evacuation was constitutional in wartime.

Interpret How has the Supreme Court interpreted the Constitution in cases involving abortion?

The Supreme Court uses the 14th Amendment as well as the Due Process Clause in cases involving abortion because the 14th Amendment protects the peoples right to their own privacy and the Due Process Clause prohibits the deprivation of "life, liberty and property" of the people. The Supreme Court uses these two parts of the Constitution because it technically protects the rights of women to have control over what happens to their body.

Generate Explanations: How are the Constitution's guarantees of personal freedom and the principle of limited government connected?

The US government is limited and the Constitution is filled with examples like its many guarantees of personal freedom. Each of those guarantees is either an outright prohibition or a restriction on the power of the government to do something. Limited government is one way to have personal freedom.

How would the Establishment Clause apply to the activity shown below if it took place at both a private school and a public school?

The activity would be legal at a private school but would not be allowed at a public school.

Apply Concepts: In Collin v. Smith, 1978, the Court allowed a group called "followers of Nazism" to publicly and peacefully assemble to express their views in Skokie, Illinois, overturning local ordinances prohibiting this group's assembly. What does the Court's ruling say about the 1st Amendment and the States?

The court concluded that it was desirable over permit this gathering to vent their scorn than to permit government to mention to residents what to think and state. This choice is significant, it made the way for emblematic discourse from numerous points of view, regardless of whether hostile for certain gatherings. Regardless of whether this is certain or negative relies upon out perspectives on freedom.

Define: What is the meaning of the phrase "separation of church and state"? What part of the Constitution guarantees this separation?

The phrase "separation of church and state" is generally traced to a letter written by Thomas Jefferson in 1802 to the Danbury Baptists, in which he referred to the First Amendment to the United States Constitution as creating a "wall of separation" between church and state.

In this excerpt, Justice Oliver Wendell Holmes explains his ruling in Schenck v. United States. What argument is Holmes making about personal rights and free speech? "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." —Schenck v. United States.

The protection of free speech is important, but there are some cases in which personal expression is irresponsible and can be banned.

Apply Concepts: A sit-in was staged on the sidewalk in front of the State Department to protest a proposed pipeline from Alaska to the Gulf Coast. Was this event protected by the Constitution? Explain your answer

The sit-in was protected by the Constitution because the First Amendment protects your right to a peaceful protest and freedom of speech.

Connect : What is the relationship between the police power and the subordination of personal desires and interests to the public good?

The use of the police power often produces conflicts with civil liberty protections. When it does produce a conflict with civil liberty, courts must strike a balance between the needs of society and of individual freedoms on the other.

Based on the content of this image and what you have learned about the freedom of assembly, which of the following would most likely be the legal reason for the authorities to stop the protest shown here?

There is a clear threat of violence caused by the protest.

True/False eminent domain is the power of a government to take private property for public use

True

True/False? Bench trial is a trial in which the judge alone hears the case .

True

True/False? Establishment Clause means a part of the 1st Amendment of the Constitution that guarantees the separation of church and State

True

True/False? Injunction is a court order that forces or limits the performance of some act by a private individual or by a public official

True

True/False? formal accusation brought by the grand jury on its own motion, rather than that of the prosecutor

True

True/False? parochial means church-related, as in a parochial school

True

True/False? the Pearl Harbor is an harbor on the island of Oahu in Hawaii, on which a U.S. naval base is located.

True

Infer : What did Thomas Paine mean when he said, "THE LAW IS KING"?

When Thomas Paine said that "the law is king", he meant that the law is above everything else and should be treated as such. There is no higher "power" than the law is what Paine is trying to say.

Identify Central Issues: In the case Bethel School District No. 403 v. Fraser, 1986, the court ruled that school officials had not violated the 1st Amendment rights of a student by suspending him for three days after he delivered a nominating speech before a student's speech before a student assembly whose content the administration found offensive. Why was the student's speech not protected under the 1st Amendment?

When the case finally reached the U.S. Supreme Court, the justices decided that it was OK for the school to punish the student. They said that a school could prohibit vulgar behavior or speeches as a part of its job of teaching students "the boundaries of socially appropriate behavior."

Identify Main Ideas: Why is due process important in relation to the government's power of eminent domain?

While the government can take your property through their powers of eminent domain, due process ensures that they must compensate you for what they have taken.

Evaluate Arguments: If the right to a public trial belongs to the defendant and not the media, should reporters be denied access to the courtroom? Explain your answer.

Yes reporters should be denied access to the courtroom. This is because the media uses stories from different sources and reporters are an example of a source. Therefore if a person was to have a private trial the reporter could easily leak out all the information of the trial to the media. Therefore reporters should be denied access to the courtroom due to how they are a source of information the media (ex. news papers) uses.

Choose the the term that goes with this definition: to gather with one another in order to express views on public matters

assemble

Which of the following facts about a grand jury could be added to the table?

cannot decide whether a defendant is innocent or guilty

Choose the the term that goes with this definition: a form of protest in which people deliberately but non-violently violate the law as means of expressing their opposition to some particular law or public policy

civil disobedience

Choose the the term that goes with this definition: the government may not regulate assemblies on the basis of what might be said

content neutral

The stand taken by the Founding Fathers concerning the practice of religion was based on their

desire to prevent the creation of official government-sponsored churches in the colonies.

Pick the term that goes with this definition: bias, unfairness

discrimination

Pick the term that goes with this definition: doctrine that holds that the government must act fairly and in accord with established rules in all that it does

due process

Pick the term that goes with this definition: law applied to an act committed before its passage

ex post facto law

Pick the term that goes with this definition: formal complaint before a grand jury that charges the accused with one or more crimes

indictment

What is the current legal status of the idea expressed in this excerpt? "No State shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; and no money raised by taxation in any State for the support of public schools, or derived from any public fund therefor, nor any public lands devoted thereto, shall ever be under the control of any religious sect . . ." —Blaine Amendment, 1875

individual States choose whether to follow this principle by adopting amendments to their own State constitutions.

Pick the term that goes with this definition: authority of each State to act to protect and promote the public health, safety, morals, and general welfare of its people

police power

Choose the the term that goes with this definition: the right to associate with others to promote political, economic, and other social causes

right of association

Pick the term that goes with this definition: court order authorizing a search

search warrant

Pick the term the goes with this definition: advocating or urging, an attempt to overthrow the government by force or to disrupt its lawful activities with violence

seditious speech

Pick the term the goes with this definition: false and malicious use of spoken words

slander

Pick the term the goes with this definition: expression by conduct; communicating ideas through facial expressions, with body language, or by carrying a sign wearing an armband

symbolic speech

In the Pentagon Papers Case, the Supreme Court based its decision on

the documents involved in the case were seditious.