Federal Government Chapter 4 Exam

In which decade did the election of "tough on crime" candidates lead to state legislatures enacting stiffer penalties for crime while also limiting judges' abilities to reduce sentences for nonviolent crimes of first-time offenders?

1990s

What has the Supreme Court ruled concerning police use of modern technology, such as listening or thermal-imaging devices, to investigate a subject?

A search warrant is required, just as it would be for other circumstances.

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

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

Which of the following is a description of the plain view exception?

Evidence found in plain sight is admissible even if a suspect was stopped for another, unrelated infraction.

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

True or false: The right to appeal after conviction is guaranteed in the Constitution.

False

Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law?

Fifth

Which amendment to the United States Constitution protects citizens from unreasonable searches and seizures?

Fourth

Which of the following statements is true regarding freedom of the press?

Freedom of the press receives strong judicial protection.

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

Which of the following are true of the inevitable discovery exception?

It allows admission of tainted evidence in certain cases. It states that the exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial.

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 upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases?

Korematsu v. United States

The Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in ______.

Lawrence v. Texas

The current standard used to determine whether the establishment clause has been violated is known as the

Lemon test

Civil (BLANK) refer to individual rights, such as the freedom of speech and religion, while civil (BLANK) refer to equality under the law for different groups such as racial or religious minorities.

Liberties and Rights

In which of these cases did the Supreme Court rule that the Second Amendment, with some restrictions, prohibited state and local governments from effectively banning gun ownership?

McDonald v. Chicago

Which of the following cases established that law enforcement officers must advise detainees of their rights, including the right to remain silent and the right to an attorney, before beginning questioning in a criminal investigation?

Miranda v. Arizona

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

Which of the following statements are true of libel and slander?

Public officials can usually be criticized freely without fear the writer or speaker will have to pay for damages due to libel or slander. Laws on libel and slander are based on the assumption that society has an interest in encouraging media and citizens to express themselves freely.

Law enforcement officials sometimes controversially rely on the practice of (Blank) (Blank) the assumption that certain groups of people are more likely to commit particular crimes.

Racial Profiling

The constitutional right to bear arms is found in which of the following amendments?

Second Amendment

The process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the Fourteenth Amendment to actions by state governments is known as (Blank) incorporation

Selective

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

Freedom of (Blank) is the right of individual Americans to hold and communicate thoughts of their choosing.

Speech

What was challenged by Lawrence v. Texas (2003)?

Texas's sodomy laws

In Schenck v. United States (1919), Justice Holmes used which analogy in upholding the government's right to restrict speech that poses a clear and present danger?

The First Amendment does not permit a person to falsely yell "Fire" in a crowded theater.

Which of the following statements are true concerning the Supreme Court's decisions involving symbolic speech?

The Supreme Court has ruled that burning an American flag is a protected form of symbolic speech. The Supreme Court has protected symbolic speech nearly as vigorously as actual speech.

What unique circumstance existed at the time of the Korematsu v. United States decision?

The nation was at war.

In order for police roadblocks to check drivers to be legal, they must conform to which of the following?

They serve an important highway safety objective. They must be systematic and not arbitrary.

True or false: Although it is a core principle for most Americans, the right to privacy is not explicitly mentioned in the Constitution.

True

True or false: The Supreme Court ruled that school administrators have discretion in searching student lockers for drugs and weapons, as they are responsible for student safety.

True

Passed by Congress soon after the 9/11 attacks, the law that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the ______.

USA Patriot Act

The exclusionary rule is based on the Supreme Court decision in ______.

Weeks v. United States

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated ______.

a basis for taking the alleged violation into a court of law for a ruling by a judge

The Second Amendment protects and supports which of the following?

a well-regulated militia the right to keep and bear arms

Which of the following was the subject under consideration in Roe v. Wade (1973)?

abortion rights

According to the ______ doctrine, government can aid a religious organization so long as the aid is nonreligious in nature and the government doesn't favor one religion over another.

accommodation

In the case of Korematsu v. United States (1944), the courts ______.

allowed government polices during wartime that would not be allowed in times of peace

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

In Lawrence v. Texas (2003), the Supreme Court ruled that states cannot lawfully ______.

ban sexual relations between consenting same-sex adults

The cases of Riley v. California (2014) and the United States v. Wurie (2014) both dealt with the use of what technology?

cell phones

Constitutional guarantees that protect citizens from arbitrary government action are known as ______.

civil liberties

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 test

The USA Patriot Act was passed in order to ______.

combat terrorism

Concerning symbolic speech, the Supreme Court has generally held that government regulation of the ______ of a message is unconstitutional. (This was illustrated by a Texas flag-burning case; the state of Texas actually burns old flags to dispose of them.)

content

The exclusionary rule restricts the ability of ______.

courts to admit illegally obtained evidence during a trial

The Eighth Amendment protects people convicted of crimes from ______.

cruel and unusual punishment

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

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

Under the Fifth Amendment, suspects charged with a ______.

federal crime cannot be tried unless indicted by a grand jury

The First Amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ______ clause.

free-exercise

DeJonge v. Oregon

freedom of assembly

Near v. Minnesota

freedom of press

Hamilton v. Regents, U of C

freedom of religion

Which of the following are considered civil liberties?

freedom of religion right to a fair trial freedom of speech

Fiske v. Kansas

freedom of speech

The establishment clause of the Constitution restricts which of the following?

government from supporting religion over no religion government from favoring one religion over another

The case of Carpenter v. United States (2018) dealt with the issue of the warrantless search of data from a suspect's cell phone provider in order to ______.

identify the locations at which cell phone calls were placed

In its rulings in Riley v. California (2014) and United States v. Wurie (2014), the Supreme Court acknowledged that the decisions would ______.

impact law enforcement's ability to combat crime

The barrier to restrict speech established in Brandenburg v. Ohio (1969) is best described as ______.

imposing

The Supreme Court has ruled that, despite the exclusionary rule, evidence discovered under a faulty warrant is admissible if the police have acted ______.

in good faith

The Supreme Court has ruled that prisoners should generally appeal their cases first ______.

in state courts

Which of these groups is typically more protective of individual rights?

judges

Constitutional guarantees that protect citizens' individual rights are known as civil

liberties

The Sedition Act of 1798 attempted to ______.

make it a crime to publish stories that are harshly critical of the president

The Bill of Rights protects a number of civil liberties, including freedom ______.

of the press of assembly of speech

The Supreme Court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to ______.

one appeal

Which of the following allows the admission of evidence that was immediately visible in the course of stopping a person for another infraction?

plain view exception

Some critics argue that which of the following have weakened the exclusionary rule almost to the point that it applies only to extreme forms of police misconduct?

plain view exception inevitable discovery exception good faith exception

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

The Bill of Rights protects civil liberties related to criminal procedure, including which of the following?

protection from self-incrimination the right to a jury trial protection from unreasonable searches the right to an attorney

According to the establishment clause, the government is required to ______.

remain neutral toward all religions

establishment clause

requires government neutrality toward religious institutions

The Supreme Court has ruled that the right of free assembly ______.

takes precedence over the mere possibility that the exercise of the right might have undesirable consequences

For the government to restrict speech, the imminent lawless action test requires ______.

that it satisfy two criteria for speech advocating the unlawful use of force that the speech must actually be likely to produce lawless action that the speech must be directed at inciting or producing imminent lawless action

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?

the Fourteenth Amendment

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 Justice

The Supreme Court has recently employed the Eighth Amendment to ban which of the following?

the death penalty for the mentally ill the death penalty for juveniles life sentences without parole for juveniles

What are the religious clauses in the First Amendment? (Choose every correct answer.)

the establishment clause the free-exercise clause

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 the 1963 Gideon case, the Supreme Court established that ______.

the government must provide lawyers to individuals who cannot afford their own attorney

In Brandenburg v. Ohio (1969) the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?

the imminent lawless action test

The 1977 Supreme Court case that provided guidance on the allowable restrictions on freedom of speech and freedom of assembly upheld which of the following?

the right of an American Nazi Party group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust survivors

Which of the following is not considered a Sixth Amendment protection?

the right to bear arms

In Lemon v. Kurtzman, the Supreme Court ruled that the state funding of salaries for teachers at parochial schools, even if they taught secular subjects, violated the establishment clause because ______.

the teachers could use classroom time to teach religious subjects

In Hamden v. Rumsfeld, the Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism was ______, as detainees were entitled to a trial affording all the guarantees contained in the Constitution.

unconstitutional

In Planned Parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal so long as they didn't place an ______ ____ on a woman's right to obtain an abortion.

undue burden

In Mapp v. Ohio (1961) and other cases, the Supreme Court applied the doctrine of selective incorporation by ______.

using the Fourteenth Amendment to apply certain provisions of the Bill of Rights to the states