Fed Gov Chapter 4
What constitutional amendment is of special significance for the Supreme Court when considering how to best protect individual rights from action by state and local governments?
14th
In what year, in the case of District of Columbia v. Heller, did the Supreme Court finally address the issue of how the Second Amendment should be interpreted?
2008
Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law?
5th
The right to legal counsel is a ______ Amendment protection.
6th
England's ______ gave members of Protestant sects the right to worship freely and publicly. The first Amendment reflects this tradition.
Act of Toleration
In which 2014 case did the Supreme Court rule that companies that are "closely held" (only a few owners) are not required to provide their employees with birth control if they object on religious grounds?
Burwell v. Hobby Lobby
True or false: According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law.
False
In which case did the Supreme Court rule that the Second Amendment protects an individual's right to possess a firearm unconnected to service in a militia?
District of Columbia v. Heller
What is the question at the heart of the debate over the Second Amendment?
Does the amendment give individuals the right to possess weapons?
True or false: In a 1992 cases involving a St. Paul, Minnesota city ordinance, the Supreme Court ruled that the government can restrict hate speech as it causes "anger or alarm."
False
The Bill of Rights initially applied to which level or levels of government?
Federal
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
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.
The Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in
Lawrence v Texas
In which of the following cases did the Supreme Court rule that for public figures to win a libel claim, they must prove actual malice?
New York Times Co. v. Sullivan
2nd Amendment
Right to bear arms
The Supreme Court decision that determined that the right to privacy extended to include abortion is
Roe v Wade
In which 2011 case did the Supreme Court rule that the First Amendment's protection of speech extended even to hate speech during the funerals of soldiers killed in action?
Snyder v. Phelps
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.
Where is the Bill of Rights located in the U.S. Constitution?
The first ten amendments to the Constitution make up the Bill of Rights.
In order for police roadblocks to check drivers to be legal, they must conform to which of the following?
They must be systematic and not arbitrary. They can be used to check for signs of alcohol intoxication.
Which of the following best describes the subject under consideration in Roe v. Wade?
abortion
In its rulings in Riley v. California (2014) and United States v. Wurie (2014), the Supreme Court compared the search of a suspect's cell phone or similar electronic device to
an exhaustive search of a suspect's home.
The cases of Riley v. California (2014) and United States v. Wurie (2014) both dealt with the use of what technology?
cell phones
According to this test, before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety.
clear and present danger
The exclusionary rule restricts the ability of
courts to admit illegally obtained evidence during a trial.
Which of the following is likely to convince a judge that police should be issued a search warrant?
establishing probable cause for believing a crime has been committed
In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the
establishment clause
Freedom of __________ is the right of individual Americans to hold and communicate thoughts of their choosing.
expression
Based on the exclusionary rule, evidence that is illegally obtained can normally be used in a trial.
false
Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that
government generally cannot stop the news media from reporting a story.
Based on the Lemon test, state-funded programs are least likely to survive under the establishment clause if the program
has a significant effect on advancing a religion.
The case of Carpenter v. United States (2018) dealt with the issue of the warrantless search of a cell phone in order to
identify the locations at which cell phone calls were placed.
The barrier to restrict speech established in Brandenburg v. Ohio is best described as
imposing.
In its rulings in Riley v. California (2014) and United States v. Wurie (2014), the Supreme Court acknowledged that
it would impact law enforcement's ability to combat crime.
The current standard used to determine whether the establishment clause has been violated is known as the
lemon test
Constitutional guarantees that protect citizens' individual rights are known as civil
liberties
Civil _________ 1 of 2 refer to individual rights, such as the freedom of speech and religion, while civil ________ 2 of 2 refer to rights and privileges granted to citizens by government, such as equality under the law.
liberties rights
The attempt to block the publication of material considered to be harmful is known as ______ restraint.
prior
The right of an individual to be left alone without any interference from others is known as the right to
privacy
Which term describes the set of procedures authorities must follow before a person can be lawfully punished for an offense?
procedural due process
free-exercise clause
prohibits the government from interfering with individuals' practice of their religion
5th Amendment
protection against self-incrimination and double jeopardy
4th Amendment
protection against unreasonable search and seizure
establishment clause
requires government neutrality toward religious institutions
6th Amendment
right to a jury trial, an attorney, and to confront witnesses
1st Amendment
right to speech, press, assembly and religion
The plain view exception
says evidence found in plain sight is admissible even if a suspect was stopped for another infraction.
The Supreme Court has ruled that the right of free assembly
takes precedence over the possibility that the exercise of the right might have undesirable consequences.
In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?
the Geneva Convention the U.S. Uniform Code of Military
Which of the following allows the admission into trial of otherwise excludable evidence if the evidence was obtained by police who thought they were following proper procedure?
the good faith exception
In Brandenburg v. Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?
the imminent lawless action test
Which of the following is NOT considered a Sixth Amendment protection?
the right to bear arms
Griswold v. Connecticut was a case dealing with
the right to privacy
The Supreme Court consistently ruled that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was
under the jurisdiction of the United States courts.
Which of the following amendments contribute to ensuring criminal due process?
- Eighth Amendment - Fifth Amendment - Fourth Amendment - Sixth Amendment
Since the 1950's, what has been the government's approach to free speech?
- Not a single individual has been convicted solely for criticizing the government's war policies. - The Supreme Court has ruled that national security must truly be at risk before the government can limit speech. - The Supreme Court has ruled that spoken words do not pose a true threat to national security, so Americans can speak their minds politically
Freedom of expression
- does not cover some forms of commercial speech, such as advertising. - does not cover obscene forms of sexual expression. - allows individual Americans to communicate thoughts of their choosing.
The establishment clause of the Constitution restricts which of the following?
- government from favoring one religion over another - government from supporting religion over no religion
The imminent lawless action test
- has two criteria for speech advocating the unlawful use of force. - says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action. - says that speech must be likely to produce lawless action.
The free-exercise clause
- is part of the First Amendment. - has been interpreted to mean Americans can hold any religious belief of their choosing. - has been interpreted to mean that Americans can not always act on their religious beliefs if they conflict with other laws.
A false written statement about other people that harms their reputation is known as _______ whereas a false verbal statement about other people is known as ________
- libel - slander
The Supreme Court has recently employed the Eighth Amendment to ban which of the following?
- the death penalty for juveniles - the death penalty for the mentally ill - life sentences without parole for juveniles
Which of the following statements are true concerning the right of assembly?
- Regulations of public assemblies must be applied fairly to all groups. - Individuals cannot hold an assembly at a busy intersection during rush hour. - Public officials can regulate the time and place of assemblies.
From the late 1950's to 2010, how many Americans have been convicted solely for criticizing the government's war policies?
0
