Government Chapter 4
States cannot execute people under the age of 18, after the Supreme Court found in 2005 that such executions were "cruel and unusual." This decision illustrates
freedom from cruel and unusual punishment (Amendment VIII). Correct
Police officers pull over a suspect without cause to believe he's violating the law; they find drugs in his car, but a court rules the evidence was illegally obtained. This scenario is an example of multiple choice 3
freedom from warrantless search and seizure (Amendment IV). Correct
The citizens of a small town in Connecticut were paid a reasonable amount when the state took their land to build a highway. This is an illustration of
he right to due process and just compensation (Amendment V). Correct
Among the following, who is most protective of individual rights?
judges
Miranda v. Arizona (1966)
no legal interrogation until the suspect has been warned that his or her words could be used as evidence
Like all other rights, the right of free expression is
not absolute.
The principle that seeks the admissibility of evidence found in plain sight, even when the evidence relates to an infraction other than the one for which the individual was stopped, is known as the _____ exception.
plain view
Procedural due process:
procedures that authorities must follow before a person can lawfully be punished for an offense.
Burning the American flag to protest U.S. policy
protected
Superimposing a Hitler mustache on a picture of the president
protected
The Ku Klux Klan, a hate group, holding a public rally
protected
Wearing a black armband in a public school as a protest
protected
Which of the following is provided by the Fifth Amendment in the Bill of Rights?
protection against self-incrimination and double jeopardy
Libel:
publishing material that falsely damages a person's reputation.
The targeting of individuals from particular groups, such as African Americans, Hispanics, and Muslims, is known as
racial profiling.
The Miranda warning
served to protect poor and uneducated suspects who are unaware of their rights at the time of arrest.
A vodka company advertising on television
unprotected
Making a protest speech against a cosmetics company to a crowd of people and encouraging them to break the company's store windows
unprotected
Organizing a loud and boisterous protest in the middle of the night in a residential neighborhood
unprotected
Publishing a blog post falsely accusing a colleague of tax evasion
unprotected
The Fourth Amendment protects Americans from
unreasonable searches.
Assembly:
You are free to assemble, although government may regulate the time and place for reasons of public convenience and safety, provided such regulations are applied evenhandedly to all groups.
Civil liberties:
specific individual rights, such as the right to a fair trial, that are constitutionally protected against infringement by government.
District of Columbia v. Heller
the Court ruled that "the Second Amendment protects an individual right to possess a firearm."
Eighth amendment
Bail: You are protected against excessive bail or fines. Cruel and unusual punishment: You are protected from cruel and unusual punishment, although this provision does not protect you from the death penalty or from a long prison term for a minor offense.
"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.
Speech:
You are free to say almost anything except that which is obscene, slanders another person, or has a high probability of inciting others to take imminent lawless action.
Plain view exception:
admission if found in plain sight
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.
McDonald v. Chicago (
, the Court further extended the 2008 decision to apply to all state and local governments.
Griswold v. Connecticut (1965)
: Americans have a "zone of privacy" that government cannot lawfully invade
Exclusionary rule:
: evidence obtained in violation of the defendant's rights cannot be used.
Free‐exercise clause:
: government is prohibited from interfering with the practice of religion
Establishment clause:
: government may not favor one religion over another or support religion over no religion.
The First Amendment of the U.S. Constitution reflects the principles of the _____ in that it protects religious freedom as well as political expression
Act of Toleration
In the Constitution, procedural due process is protected by the
All of these answers are correct.. Fifth Amendment. Sixth Amendment. Fourteenth Amendment.
Lawrence v. Texas
Consensual sexual relations among same‐sex adults were eventually protected by the same right of privacy
Bill of Rights:
the ten amendments that list the rights the federal government is obliged to protect.
sixth amendment
Counsel: You have a right to be represented by an attorney and can demand to speak first with an attorney before responding to questions from law enforcement officials. Prompt and reasonable proceedings: You have a right to be arraigned promptly, to be informed of the charges, to confront witnesses, and to have a speedy and open trial by an impartial jury.
Which of the following amendments prohibits "cruel and unusual punishment" of those convicted of crime?
Eighth Amendment
Glassroth v. Moore (2002): A local courthouse cannot post a statue of the Ten Commandments on its lawn.
Establishment Clause
Lee v. Weisman (1992): Public schools may not have prayers at official graduation ceremonies.
Establishment Clause
Lemon v. Kurtzman (1971): Public funding cannot go to parochial school salaries.
Establishment Clause
Church of Lukumi Babalu Aye v. Hialeah (1993): A local law against controlled animal sacrifices performed by a religious group is unconstitutional. multiple choice 5
Free Exercise Clause
Lovell v. City of Griffin (1938): Cities cannot pass laws requiring permits for the distribution of religious pamphlets, laws directed at Jehovah's Witnesses. multiple choice 1
Free Exercise Clause
Sherbert v. Verner (1963): A state cannot withhold unemployment benefits from someone who refuses to work on Saturday for religious reasons. multiple choice 2
Free Exercise Clause
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
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.
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.
Fourth amendment
Search and seizure: You are protected from unreasonable searches and seizures, although you forfeit that right if you knowingly waive it. Arrest: You are protected from arrest unless authorities have probable cause to believe that you have committed a crime
fifth amendment
Self‐incrimination: You are protected against self‐incrimination, which means that you have the right to remain silent and to be protected against coercion by law enforcement officials. Double jeopardy: You cannot be tried twice for the same crime if the first trial results in acquittal. Due process: You cannot be deprived of life, liberty, or property without proper legal proceedings
_____ 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
due process clause
The Fourteenth Amendment's due process clause prevents the states from abridging individual rights.
Hamdan v. Rumsfeld (2006)
The Supreme Court ruled detainees have the right to challenge their Guantánamo Bay detention in U.S. courts.
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
Which amendment is most responsible for protecting citizens' rights from intrusion by state governments?
the fourteenth
Press:
You are free to write or publish almost anything except that which is obscene, libels another person, seriously endangers military action or national security, or has a high probability of inciting others to take imminent lawless action.
Religion
You are protected from having the religious beliefs of others imposed on you, and you are free to believe what you like.
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 Correct
Inevitable discovery exception:
admission if other evidence would have led to the same discovery.
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
The establishment clause prohibits government from
favoring one religion over another or supporting religion over no religion.